Journal of the House

Second Regular Session, 93rd General Assembly

FIFTY-EIGHTH DAY, Wednesday, April 19, 2006

The House met pursuant to adjournment.

Speaker Jetton in the Chair.

Prayer by Reverend James Earl Jackson.

O Lord, listen to our prayer; give us the discerning mind we desperately need. Listen to our prayer; rescue us from weary minds and bodies. May our lips speak words of wisdom beyond our years.

May we who have received wisdom, listen and become even wiser. And may we with understanding receive guidance.

May kindness and truth be our constant companion that we may find favor with both You and the people of this state and maintain a good reputation.

With Your help we won’t lose sight of priorities and purpose. We hang on to them for they fill us with life and bring us honor and respect.

Now may the Lord of Peace Himself give us peace always in every way. The Lord be with us all.

For it’s in the name of Your Son we pray. Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Macie Roorda, Lydia Roorda, Sophie Roorda, Ethan Colbert and Richard K. Johnson, Jr.

The Journal of the fifty-seventh day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2381

through

House Resolution No. 2386 - Representative Pratt

House Resolution No. 2387 - Representatives Pratt and Cunningham (145)

House Resolution No. 2388 - Representatives LeVota and Low (39)

House Resolution No. 2389 - Representative Munzlinger

House Resolution No. 2390 - Representative McGhee

House Resolution No. 2391 - Representative Hunter

House Resolution No. 2392

through

House Resolution No. 2404 - Representative Dempsey

House Resolution No. 2405

and

House Resolution No. 2406 - Representative Smith (150)

House Resolution No. 2407 - Representative Low (39)

House Resolution No. 2408 - Representative Bringer

House Resolution No. 2409 - Representative Aull

House Resolution No. 2410

through

House Resolution No. 2412 - Representative Kingery

House Resolution No. 2413

through

House Resolution No. 2415 - Representative Cunningham (145)

House Resolution No. 2416 - Representative Wildberger

House Resolution No. 2417 - Representative Wright (159)

House Resolution No. 2418 - Representative Jones

House Resolution No. 2419

through

House Resolution No. 2426 - Representative Cooper (158)

Representative Dempsey suggested the absence of a quorum.

The following roll call indicated a quorum present:

AYES: 120

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bogetto	Bringer
Brown 50	Burnett	Casey	Chinn	Chappelle-Nadal
Cooper 120	Cooper 158	Corcoran	Cunningham 145	Cunningham 86
Curls	Daus	Davis	Day	Deeken
Dempsey	Denison	Dethrow	Dixon	Donnelly
Dusenberg	Emery	Ervin	Faith	Fares
Fisher	Frame	Franz	Fraser	Guest
Hobbs	Hoskins	Hubbard	Hughes	Hunter
Icet	Jackson	Johnson 61	Jones	Kelly
Kingery	Kratky	Kuessner	Lager	Lampe
Lembke	LeVota	Liese	Lipke	Loehner
Low 39	Lowe 44	May	McGhee	Meadows
Munzlinger	Muschany	Myers	Nance	Nieves
Oxford	Page	Parker	Parson	Pearce
Phillips	Pollock	Portwood	Quinn	Rector
Richard	Roark	Robb	Robinson	Roorda
Ruestman	Rupp	Sander	Sater	Schaaf
Schad	Scharnhorst	Schlottach	Schneider	Schoemehl
Self	Silvey	Skaggs	Smith 150	Spreng
St. Onge	Storch	Swinger	Tilley	Villa
Walsh	Walton	Wells	Weter	Wilson 119
Wilson 130	Witte	Wood	Wright 137	Wright 159
Wright-Jones	Yaeger	Young	Zweifel	Mr Speaker
NOES: 004

Flook	Kraus	Vogt	Whorton

PRESENT: 013

Darrough	Dougherty	George	Harris 23	Henke
Johnson 90	Nolte	Shoemyer	Smith 14	Sutherland
Threlkeld	Viebrock	Wagner

ABSENT WITH LEAVE: 026

Bean	Bland	Bowman	Boykins	Brooks
Brown 30	Bruns	Cooper 155	Dake	El-Amin
Harris 110	Haywood	Johnson 47	Jolly	Marsh
Meiners	Moore	Pratt	Rucker	Salva
Smith 118	Stevenson	Wallace	Wasson	Wildberger
Yates

United States Senator Christopher “Kit” Bond was introduced by Speaker Jetton and addressed the House.

Speaker Pro Tem Bearden assumed the Chair.

COMMITTEE REPORT

Committee on Rules, Chairman Cooper (120) reporting:

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1021, begs leave to report it has examined the same and recommends that it Do Pass.

SUPPLEMENTAL CALENDAR

APRIL 19, 2006

HOUSE BILL FOR PERFECTION - APPROPRIATIONS

HCS HB 1021 - Icet

PERFECTION OF HOUSE BILLS

HB 1619, relating to franchise tax rates, was taken up by Representative Sutherland.

HB 1619 was placed on the Informal Calendar.

HCS HB 1581, relating to an income tax credit, was taken up by Representative Jetton.

On motion of Representative Jetton, HCS HB 1581 was adopted.

On motion of Representative Jetton, HCS HB 1581 was ordered perfected and printed.

HB 1910, relating to the Fairness in Public Construction Act, was taken up by Representative Fisher.

Representative Johnson (47) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1910, Page 1, Section A, Line 3, by inserting after all of said line the following:

"34.078. 1. Every employer doing business with the state under this chapter shall require each newly hired or rehired independent contractor to fill out a federal W-9 form. The forms shall be compiled, distributed, and entered into the state directory of new hires in the same fashion as set forth in subsection 1 of section 285.300, RSMo.

2. An employer shall not, in an attempt to avoid tax liability or reporting requirements for any employee, denote or treat such employee as an independent contractor, contract labor, or any other term or category implying the absence of an employment relationship.

3. Any employer who misclassifies an employee as an independent contractor or otherwise misclassifies the employee's employment status shall be fined an amount equal to the tax due on the employee's taxable wages or an amount equal to three times the tax due on the employee's taxable wages if it is shown that the employer's failure to report wages is due to bad faith.

4. An employer shall not terminate or in any manner discriminate against an employee because the employee has communicated to the employer the intent to seek reclassification as an employee instead of an independent contractor or has communicated the intent to file an action alleging a violation of this section."; and

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

On motion of Representative Johnson (47), House Amendment No. 1 was adopted by the following vote:

AYES: 133

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bogetto
Bowman	Boykins	Bringer	Brooks	Brown 50
Bruns	Burnett	Casey	Chappelle-Nadal	Cooper 120
Cooper 158	Corcoran	Cunningham 86	Curls	Dake
Darrough	Daus	Davis	Day	Deeken
Dempsey	Denison	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Faith	Fares	Frame
Fraser	George	Guest	Harris 23	Harris 110
Haywood	Henke	Hobbs	Hoskins	Hubbard
Hughes	Jackson	Johnson 47	Johnson 61	Johnson 90
Jolly	Jones	Kratky	Kraus	Kuessner
Lampe	Lembke	LeVota	Liese	Lipke
Loehner	Low 39	Lowe 44	McGhee	Meadows
Meiners	Munzlinger	Nance	Nieves	Nolte
Oxford	Page	Parker	Parson	Pearce
Phillips	Portwood	Pratt	Quinn	Robb
Robinson	Rucker	Ruestman	Rupp	Salva
Sander	Sater	Schaaf	Schad	Scharnhorst
Schlottach	Schneider	Schoemehl	Shoemyer	Silvey
Skaggs	Smith 14	Smith 118	Smith 150	Spreng
St. Onge	Storch	Sutherland	Swinger	Threlkeld
Tilley	Viebrock	Villa	Vogt	Wagner
Wallace	Walsh	Walton	Wells	Weter
Whorton	Wildberger	Wilson 119	Wilson 130	Witte
Wood	Wright 137	Wright-Jones	Yaeger	Yates
Young	Zweifel	Mr Speaker

NOES: 024

Chinn	Cooper 155	Cunningham 145	Dethrow	Dixon
Ervin	Fisher	Flook	Franz	Hunter
Icet	Kelly	Kingery	Lager	May
Muschany	Myers	Pollock	Rector	Richard
Roark	Self	Stevenson	Wasson

PRESENT: 000

ABSENT WITH LEAVE: 006

Bean	Brown 30	Marsh	Moore	Roorda
Wright 159

HB 1910, as amended, was laid over.

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

AFTERNOON SESSION

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

The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Justin Head.

HOUSE RESOLUTION

Representative Wood, et al., offered House Resolution No. 2439.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2427 - Representative Cooper (158)

House Resolution No. 2428 - Representative Pratt

House Resolution No. 2429 - Representative Chappelle-Nadal

House Resolution No. 2430 - Representative Wilson (119)

House Resolution No. 2431 - Representative Bruns

House Resolution No. 2432

and

House Resolution No. 2433 - Representative Johnson (47)

House Resolution No. 2434 - Representative Johnson (61)

House Resolution No. 2435

and

House Resolution No. 2436 - Representative Brown (50)

House Resolution No. 2437 - Representative Smith (118)

House Resolution No. 2438 - Representative Robinson

House Resolution No. 2440 - Representative Sanders Brooks

House Resolution No. 2441 - Representative Wildberger

House Resolution No. 2442 - Representative Jetton

House Resolution No. 2443

through

House Resolution No. 2445 - Representative Schad

SPECIAL RECOGNITION

The Forsyth Riverview Bible Christian School Basketball Team was introduced by Representative Wallace and recognized for attaining First Place at the National Association of Christian Athletes Championship.

PERFECTION OF HOUSE BILLS

HCS HB 1322, relating to DNA profiling analysis, was taken up by Representative Lipke.

Representative Lipke offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1322, Section 650.055, Page 5, Line 91, by inserting immediately before the number “9.” an open bracket “[”; and

Further amend said line, by deleting the open bracket “[” immediately after the number “9.”; and

Further amend said section, Page 6, Line 131, by deleting “An individual who”; and

Further amend said page, Lines 132-143, by deleting all of said lines; and

Further amend said substitute, Section 650.058, Page 8, Line 50, by inserting immediately after said line the following:

“4. An individual who is determined to be “actually innocent” of a crime under this chapter shall automatically be granted an order of expungement from the court in which he or she pled guilty or was sentenced to expunge from all official records all recordations of his or her arrest, plea, trial or conviction. Upon granting of the order of expungement, the records and files maintained in any administrative or court proceeding in an associate or circuit division of the court shall be confidential and only available to the parties or by order of the court for good cause shown. The effect of such order shall be to restore such person to the status he or she occupied prior to such arrest, plea or conviction and as if such event had never taken place. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by response to any inquiry made of him or her for any purpose whatsoever and no such inquiry shall be made for information relating to an expungement under this section.”; and

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

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

On motion of Representative Lipke, HCS HB 1322, as amended, was adopted.

On motion of Representative Lipke, HCS HB 1322, as amended, was ordered perfected and printed.

HB 1728, relating to utility payments to public counsel, was taken up by Representative Rector.

Representative Pratt assumed the Chair.

Representative Burnett offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1728, Page 1, Section A, Line 2, by inserting after said line the following:

"386.700. The [director of the department of economic development] attorney general shall appoint a public counsel to serve at the pleasure of the [director of the department] attorney general. The public counsel shall be an attorney at law licensed to practice law in this state and whose salary shall be fixed by the [department director] attorney general within the appropriation made therefor.

386.710. 1. The public counsel shall have the following powers and duties:

(1) He shall employ a staff or hire on a contract basis such employees and experts as are necessary to carry out the purposes and responsibilities of his office, and shall set their compensation within the appropriation made for that purpose;

(2) He may represent and protect the interests of the public in any proceeding before or appeal from the public service commission. The public counsel may determine that any rate increase for which an appeal is pending shall not take effect until the appeal is resolved;

(3) He shall have discretion to represent or refrain from representing the public in any proceeding. He shall consider in exercising his discretion the importance and the extent of the public interest involved and whether that interest would be adequately represented without the action of his office. If the public counsel determines that there are conflicting public interests involved in a particular matter, he may choose to represent one such interest based upon the considerations of this section, to represent no interest in that matter, or to represent one interest and certify to the [director of the department of economic development] attorney general that there is a significant public interest which he cannot represent without creating a conflict of interest and which will not be protected by any party to the proceeding. The [director of the department] attorney general shall select an attorney, to be paid from funds appropriated for this purpose, to represent that segment of the public certified to him by the public counsel as unrepresented. Nothing in this section shall be construed to limit the right of any person, firm or corporation specified in subsection 1 of section 386.390 to petition or make complaint to the commission or otherwise intervene in proceedings or other matters before the commission.

2. The public counsel shall be served with all proposed tariffs, initial pleadings, and applications, in all proceedings before the public service commission, and shall be served with a copy of all orders of the commission.

3. Nothing in sections 386.071, 386.150, [386.155,] 386.170, 386.200, 386.330, 386.360, 386.390, 386.400, 386.410, 386.420, 386.440, 386.450, 386.480, 386.500, 386.530, 386.540, 386.600, 386.700 and 386.710, shall be construed or interpreted to mean that the public counsel shall not have the right to appeal any and all orders of the public service commission to the courts which right of appeal exists and has existed since the time of transfer as provided in section 386.500.

4. He shall have all powers necessary or proper to carry out the duties specified in this section."; and

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

Representative Burnett moved that House Amendment No. 1 be adopted.

Which motion was defeated.

On motion of Representative Rector, HB 1728 was ordered perfected and printed.

HCS HB 1534, relating to life sciences research, was taken up by Representative Lembke.

Representative Page offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1534, Page 1, Section 196.1132, Line 11, by inserting after the word "birth" the following: "or plant life sciences"; and

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

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

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 1534, Page 1, by inserting after the word “Sciences” the following:

“; furthermore, no funds shall be spent on research on the implantation of products of stem cell research into a human uterus.”.

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

AYES: 159

Aull	Avery	Baker 25	Baker 123	Bearden
Behnen	Bivins	Black	Bland	Bogetto
Bowman	Boykins	Bringer	Brooks	Brown 50
Bruns	Burnett	Casey	Chinn	Chappelle-Nadal
Cooper 120	Cooper 155	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Dake	Darrough	Daus
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Donnelly	Dougherty	Dusenberg
El-Amin	Emery	Ervin	Faith	Fares
Fisher	Flook	Frame	Franz	Fraser
George	Guest	Harris 23	Harris 110	Haywood
Henke	Hobbs	Hoskins	Hubbard	Hughes
Hunter	Icet	Jackson	Johnson 47	Johnson 61
Johnson 90	Jolly	Jones	Kelly	Kingery
Kratky	Kraus	Kuessner	Lager	Lampe
Lembke	LeVota	Liese	Lipke	Loehner
Low 39	Lowe 44	May	McGhee	Meadows
Meiners	Munzlinger	Muschany	Myers	Nance
Nieves	Nolte	Oxford	Page	Parker
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Robb	Robinson	Roorda	Rucker	Ruestman
Rupp	Salva	Sander	Sater	Schaaf
Schad	Scharnhorst	Schlottach	Schneider	Schoemehl
Self	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Smith 150	Spreng	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	Brown 30	Marsh	Moore

Representative Dempsey moved the previous question.

Which motion was adopted by the following vote:

AYES: 103

Avery	Baker 123	Bearden	Behnen	Bivins
Black	Bogetto	Bringer	Bruns	Casey
Chinn	Cooper 120	Cooper 155	Cooper 158	Cunningham 145
Cunningham 86	Dake	Davis	Day	Deeken
Dempsey	Denison	Dethrow	Dixon	Dusenberg
Emery	Ervin	Faith	Fares	Fisher
Flook	Franz	Guest	Harris 110	Haywood
Hobbs	Hughes	Hunter	Icet	Jackson
Johnson 47	Jones	Kelly	Kingery	Kraus
Lager	Lampe	Lembke	Lipke	Loehner
May	McGhee	Meadows	Munzlinger	Muschany
Myers	Nance	Nieves	Nolte	Page
Parker	Parson	Pearce	Phillips	Pollock
Portwood	Pratt	Quinn	Richard	Roark
Robb	Ruestman	Rupp	Sander	Sater
Schaaf	Schad	Scharnhorst	Schlottach	Schoemehl
Self	Silvey	Smith 14	Smith 118	Smith 150
Stevenson	St. Onge	Sutherland	Threlkeld	Tilley
Viebrock	Wallace	Wasson	Wells	Weter
Wilson 119	Wilson 130	Wood	Wright 137	Wright 159
Yaeger	Yates	Mr Speaker

NOES: 042

Baker 25	Bland	Bowman	Boykins	Brooks
Brown 50	Burnett	Chappelle-Nadal	Corcoran	Curls
Darrough	Daus	Donnelly	El-Amin	Fraser
George	Hoskins	Hubbard	Johnson 61	Johnson 90
Jolly	Kratky	Kuessner	LeVota	Liese
Lowe 44	Meiners	Robinson	Rucker	Salva
Skaggs	Spreng	Storch	Villa	Vogt
Walsh	Walton	Wildberger	Witte	Wright-Jones
Young	Zweifel

PRESENT: 009

Aull	Dougherty	Frame	Harris 23	Henke
Low 39	Roorda	Shoemyer	Whorton

ABSENT WITH LEAVE: 009

Bean	Brown 30	Marsh	Moore	Oxford
Rector	Schneider	Swinger	Wagner

Representative Page moved that House Amendment No. 1, as amended, be adopted.

Which motion was defeated by the following vote:

AYES: 066

Aull	Baker 25	Bland	Bogetto	Bowman
Boykins	Brooks	Brown 50	Burnett	Chappelle-Nadal
Corcoran	Curls	Darrough	Daus	Dempsey
Donnelly	Dougherty	Dusenberg	El-Amin	Fares
Frame	Fraser	George	Guest	Harris 23
Haywood	Hoskins	Hubbard	Hughes	Johnson 47
Johnson 61	Johnson 90	Jolly	Kratky	Kuessner
Lampe	LeVota	Low 39	Lowe 44	Meiners
Oxford	Page	Parker	Pratt	Robinson
Rucker	Salva	Schneider	Schoemehl	Shoemyer
Silvey	Skaggs	Smith 14	Spreng	St. Onge
Storch	Tilley	Vogt	Wagner	Walton
Whorton	Wildberger	Wright-Jones	Yates	Young
Zweifel

NOES: 089

Avery	Baker 123	Bearden	Behnen	Bivins
Black	Bringer	Bruns	Casey	Chinn
Cooper 120	Cooper 155	Cooper 158	Cunningham 145	Cunningham 86
Dake	Davis	Day	Deeken	Denison
Dethrow	Dixon	Emery	Ervin	Faith
Fisher	Flook	Franz	Harris 110	Henke
Hobbs	Hunter	Icet	Jackson	Jones
Kelly	Kingery	Lager	Lembke	Liese
Lipke	Loehner	May	Meadows	Munzlinger
Muschany	Myers	Nance	Nieves	Parson
Pearce	Phillips	Pollock	Portwood	Quinn
Rector	Richard	Roark	Robb	Ruestman
Rupp	Sander	Sater	Schaaf	Schad
Scharnhorst	Schlottach	Self	Smith 118	Smith 150
Stevenson	Sutherland	Swinger	Threlkeld	Viebrock
Villa	Wallace	Walsh	Wasson	Wells
Weter	Wilson 119	Wilson 130	Witte	Wood
Wright 137	Wright 159	Yaeger	Mr Speaker

PRESENT: 003

McGhee	Nolte	Roorda

ABSENT WITH LEAVE: 005

Bean	Brown 30	Kraus	Marsh	Moore

On motion of Representative Lembke, HCS HB 1534 was adopted.

On motion of Representative Lembke, HCS HB 1534 was ordered perfected and printed.

HB 1910, as amended, relating to the Fairness in Public Construction Act, was again taken up by Representative Fisher.

Representative Lowe (44) offered House Amendment No. 2.

Representative Flook raised a point of order that the distribution of House Amendment No. 2 was not timely.

Representative Pratt requested a Parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Walsh offered House Amendment No. 3.

House Amendment No. 3

AMEND House Bill No. 1910, Page 4, Section 290.095, Line 10, by inserting after said line the following:

“3. The provisions of this section shall not apply if the provisions are in conflict with the National Labor Relations Act.”; and

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

Representative Roark offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Bill No. 1910, Section 290.095, Page 4, Line 10, by inserting immediately after said line the following:

“3. The provisions of this section shall not be interpreted in such a manner as to interfere with the National Labor Relations Act.”; and

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

Representative Flook offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 3.

House Amendment No. 1

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Substitute Amendment No. 1 for House Amendment No. 3 to House Bill No. 1910, Page 1, Line 3, by deleting the word “interfere” and insert in lieu thereof the following:

“contradict”; and

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

Representative Flook moved that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 3 be adopted.

Which motion was defeated by the following vote:

AYES: 069

Bearden	Behnen	Black	Bruns	Chinn
Cooper 120	Cooper 155	Cunningham 145	Cunningham 86	Davis
Day	Deeken	Dempsey	Denison	Dethrow
Dixon	Dusenberg	Emery	Ervin	Faith
Fisher	Flook	Franz	Hobbs	Hunter
Icet	Jackson	Kelly	Kingery	Lager
Lipke	Loehner	May	Munzlinger	Muschany
Myers	Nieves	Parson	Pearce	Phillips
Pollock	Pratt	Quinn	Rector	Richard
Roark	Robb	Ruestman	Rupp	Sander
Sater	Schaaf	Schad	Schlottach	Self
Stevenson	Sutherland	Threlkeld	Tilley	Viebrock
Wallace	Wasson	Wells	Weter	Wilson 119
Wilson 130	Wood	Yates	Mr Speaker

NOES: 087

Aull	Avery	Baker 25	Baker 123	Bivins
Bland	Bogetto	Bowman	Boykins	Bringer
Brooks	Brown 50	Burnett	Casey	Chappelle-Nadal
Cooper 158	Corcoran	Curls	Dake	Darrough
Daus	Donnelly	Dougherty	El-Amin	Fares
Frame	Fraser	George	Guest	Harris 23
Harris 110	Haywood	Henke	Hoskins	Hubbard
Hughes	Johnson 47	Johnson 61	Johnson 90	Jolly
Jones	Kratky	Kraus	Kuessner	Lampe
Lembke	LeVota	Liese	Low 39	Lowe 44
McGhee	Meadows	Meiners	Nance	Nolte
Oxford	Page	Parker	Portwood	Robinson
Roorda	Salva	Scharnhorst	Schneider	Schoemehl
Shoemyer	Silvey	Skaggs	Smith 14	Smith 118
Smith 150	St. Onge	Storch	Swinger	Villa
Vogt	Wagner	Walsh	Walton	Whorton
Wildberger	Witte	Wright 137	Wright-Jones	Yaeger
Young	Zweifel

PRESENT: 001

Rucker

ABSENT WITH LEAVE: 006

Bean	Brown 30	Marsh	Moore	Spreng
Wright 159

Representative Nieves assumed the Chair.

Representative Roark moved that House Substitute Amendment No. 1 for House Amendment No. 3 be adopted.

Which motion was defeated by the following vote:

AYES: 068

Bearden	Behnen	Bivins	Black	Bruns
Chinn	Cooper 120	Cooper 155	Cunningham 145	Cunningham 86
Davis	Day	Deeken	Dempsey	Denison
Dethrow	Dixon	Dusenberg	Emery	Ervin
Fisher	Flook	Franz	Hobbs	Hunter
Icet	Jackson	Kelly	Kingery	Lager
Lipke	Loehner	May	Munzlinger	Muschany
Myers	Nieves	Parson	Pearce	Phillips
Pollock	Pratt	Quinn	Rector	Richard
Roark	Ruestman	Rupp	Sander	Sater
Schaaf	Schad	Scharnhorst	Schlottach	Self
Stevenson	Threlkeld	Tilley	Viebrock	Wallace
Wasson	Wells	Weter	Wilson 119	Wilson 130
Wood	Yates	Mr Speaker

NOES: 089

Aull	Avery	Baker 25	Baker 123	Bland
Bogetto	Bowman	Boykins	Bringer	Brooks
Brown 50	Burnett	Casey	Chappelle-Nadal	Cooper 158
Corcoran	Curls	Dake	Darrough	Daus
Donnelly	Dougherty	El-Amin	Faith	Fares
Frame	Fraser	George	Guest	Harris 23
Harris 110	Haywood	Henke	Hoskins	Hubbard
Hughes	Johnson 47	Johnson 61	Johnson 90	Jolly
Jones	Kratky	Kraus	Kuessner	Lampe
Lembke	LeVota	Liese	Low 39	Lowe 44
McGhee	Meadows	Meiners	Nance	Nolte
Oxford	Page	Parker	Portwood	Robb
Robinson	Roorda	Rucker	Salva	Schneider
Schoemehl	Shoemyer	Silvey	Skaggs	Smith 14
Smith 118	Smith 150	St. Onge	Storch	Sutherland
Swinger	Villa	Vogt	Wagner	Walsh
Walton	Whorton	Wildberger	Witte	Wright 137
Wright-Jones	Yaeger	Young	Zweifel

PRESENT: 000

ABSENT WITH LEAVE: 006

Bean	Brown 30	Marsh	Moore	Spreng
Wright 159

Representative Cooper (158) offered House Amendment No. 1 to House Amendment No. 3.

Representative Cooper (120) raised a point of order that House Amendment No. 1 to House Amendment No. 3 is not properly drafted as an amendment to the amendment.

Speaker Jetton resumed the Chair.

The Chair ruled the point of order well taken.

Representative George appealed the ruling of the Chair.

The ruling of the Chair was sustained by the following vote:

AYES: 093

Avery	Baker 123	Bearden	Behnen	Bivins
Black	Bruns	Chinn	Cooper 120	Cooper 155
Cooper 158	Cunningham 145	Cunningham 86	Davis	Day
Deeken	Dempsey	Denison	Dethrow	Dixon
Dusenberg	Emery	Ervin	Faith	Fares
Fisher	Flook	Franz	Guest	Hobbs
Hoskins	Hubbard	Hunter	Icet	Jackson
Johnson 47	Jones	Kelly	Kraus	Lager
Lembke	Lipke	Loehner	May	McGhee
Munzlinger	Muschany	Myers	Nance	Nieves
Nolte	Parker	Parson	Pearce	Phillips
Pollock	Portwood	Pratt	Rector	Richard
Roark	Robb	Ruestman	Rupp	Sander
Sater	Schaaf	Schad	Scharnhorst	Schlottach
Schneider	Self	Silvey	Smith 14	Smith 150
Stevenson	St. Onge	Sutherland	Threlkeld	Tilley
Viebrock	Villa	Wallace	Wasson	Wells
Weter	Whorton	Wilson 119	Wilson 130	Wood
Wright 137	Yates	Mr Speaker

NOES: 059

Aull	Baker 25	Bogetto	Bowman	Bringer
Brooks	Brown 50	Burnett	Casey	Chappelle-Nadal
Corcoran	Curls	Dake	Darrough	Daus
Donnelly	Dougherty	El-Amin	Frame	Fraser
George	Harris 23	Harris 110	Haywood	Henke
Hughes	Johnson 61	Johnson 90	Jolly	Kratky
Kuessner	Lampe	LeVota	Liese	Low 39
Lowe 44	Meadows	Meiners	Oxford	Page
Robinson	Roorda	Rucker	Salva	Schoemehl
Shoemyer	Skaggs	Storch	Swinger	Vogt
Wagner	Walsh	Walton	Wildberger	Witte
Wright-Jones	Yaeger	Young	Zweifel

PRESENT: 000

ABSENT WITH LEAVE: 011

Bean	Bland	Boykins	Brown 30	Kingery
Marsh	Moore	Quinn	Smith 118	Spreng
Wright 159

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

AYES: 093

Aull	Avery	Baker 25	Baker 123	Bivins
Black	Bland	Bogetto	Bowman	Boykins
Bringer	Brooks	Brown 50	Bruns	Burnett
Casey	Chappelle-Nadal	Cooper 158	Corcoran	Cunningham 86
Curls	Dake	Darrough	Daus	Deeken
Donnelly	Dougherty	El-Amin	Faith	Fares
Frame	Fraser	George	Guest	Harris 23
Harris 110	Haywood	Henke	Hoskins	Hubbard
Hughes	Johnson 47	Johnson 61	Johnson 90	Jolly
Jones	Kratky	Kraus	Kuessner	Lampe
Lembke	LeVota	Liese	Loehner	Low 39
Lowe 44	McGhee	Meadows	Meiners	Nance
Nolte	Oxford	Page	Parker	Robb
Robinson	Roorda	Rucker	Salva	Schoemehl
Shoemyer	Silvey	Skaggs	Smith 14	Smith 150
Spreng	St. Onge	Storch	Sutherland	Swinger
Villa	Vogt	Wagner	Walsh	Walton
Whorton	Wildberger	Witte	Wright 137	Wright-Jones
Yaeger	Young	Zweifel

NOES: 064

Bearden	Behnen	Chinn	Cooper 120	Cooper 155
Cunningham 145	Davis	Day	Dempsey	Denison
Dethrow	Dixon	Dusenberg	Emery	Ervin
Fisher	Flook	Franz	Hobbs	Hunter
Icet	Jackson	Kelly	Lager	Lipke
May	Munzlinger	Muschany	Myers	Nieves
Parson	Pearce	Phillips	Pollock	Portwood
Pratt	Quinn	Rector	Richard	Roark
Ruestman	Rupp	Sander	Sater	Schaaf
Schad	Scharnhorst	Schlottach	Self	Smith 118
Stevenson	Threlkeld	Tilley	Viebrock	Wallace
Wasson	Wells	Weter	Wilson 119	Wilson 130
Wood	Wright 159	Yates	Mr Speaker

PRESENT: 000

ABSENT WITH LEAVE: 006

Bean	Brown 30	Kingery	Marsh	Moore
Schneider

HB 1910, as amended, was placed on the Informal Calendar.

PERFECTION OF HOUSE BILL - INFORMAL

HB 1619, relating to franchise tax rates, was again taken up by Representative Sutherland.

On motion of Representative Sutherland, HB 1619 was ordered perfected and printed.

PERFECTION OF HOUSE BILLS

HB 1499, relating to ethics, was taken up by Representative May.

Representative Dempsey offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1499, Page 2, Section 105.466, Line 12, by inserting after all of said line the following:

"105.470. As used in section 105.473, unless the context requires otherwise, the following words and terms mean:

(1) "Elected local government official lobbyist", any natural person who acts for the purpose of attempting to influence any action by a local government official elected in a county, city, town, or village with an annual operating budget of over two million dollars and, in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment on behalf of or for the benefit of such person's employer;

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity;

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association, or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more elected local government officials in connection with such activity;

(2) "Executive lobbyist", any natural person who acts for the purpose of attempting to influence any action by the executive branch of government or by any elected or appointed official, employee, department, division, agency or board or commission thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment on behalf of or for the benefit of such person's employer; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty-first for the benefit of one or more public officials or one or more employees of the executive branch of state government in connection with such activity.

An "executive lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state board, commission, department, division or agency of the executive branch of government or any elected or appointed officer or employee thereof;

b. Preparing, filing or inquiring, or responding to any audit, regarding any tax return, any public document, permit or contract, any application for any permit or license or certificate, or any document required or requested to be filed with the state or a political subdivision;

c. Selling of goods or services to be paid for by public funds, provided that such person is attempting to influence only the person authorized to authorize or enter into a contract to purchase the goods or services being offered for sale;

d. Participating in public hearings or public proceedings on rules, grants, or other matters;

e. Responding to any request for information made by any public official or employee of the executive branch of government;

f. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

g. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee; or

h. Testifying as a witness before a state board, commission or agency of the executive branch;

[(2)] (3) "Expenditure", any payment made or charge, expense, cost, debt or bill incurred; any gift, honorarium or item of value bestowed including any food or beverage; any price, charge or fee which is waived, forgiven, reduced or indefinitely delayed; any loan or debt which is canceled, reduced or otherwise forgiven; the transfer of any item with a reasonably discernible cost or fair market value from one person to another or provision of any service or granting of any opportunity for which a charge is customarily made, without charge or for a reduced charge; except that the term "expenditure" shall not include the following:

(a) Any item, service or thing of value transferred to any person within the third degree of consanguinity of the transferor which is unrelated to any activity of the transferor as a lobbyist;

(b) Informational material such as books, reports, pamphlets, calendars or periodicals informing a public official regarding such person's official duties, or souvenirs or mementos valued at less than ten dollars;

(c) Contributions to the public official's campaign committee or candidate committee which are reported pursuant to the provisions of chapter 130, RSMo;

(d) Any loan made or other credit accommodations granted or other payments made by any person or entity which extends credit or makes loan accommodations or such payments in the regular ordinary scope and course of business, provided that such are extended, made or granted in the ordinary course of such person's or entity's business to persons who are not public officials;

(e) Any item, service or thing of de minimis value offered to the general public, whether or not the recipient is a public official or a staff member, employee, spouse or dependent child of a public official, and only if the grant of the item, service or thing of de minimis value is not motivated in any way by the recipient's status as a public official or staff member, employee, spouse or dependent child of a public official;

(f) The transfer of any item, provision of any service or granting of any opportunity with a reasonably discernible cost or fair market value when such item, service or opportunity is necessary for a public official or employee to perform his or her duty in his or her official capacity, including but not limited to entrance fees to any sporting event, museum, or other venue when the official or employee is participating in a ceremony, public presentation or official meeting therein;

(g) Any payment, gift, compensation, fee, expenditure or anything of value which is bestowed upon or given to any public official or a staff member, employee, spouse or dependent child of a public official when it is compensation for employment or given as an employment benefit and when such employment is in addition to their employment as a public official;

[(3)] (4) "Judicial lobbyist", any natural person who acts for the purpose of attempting to influence any purchasing decision by the judicial branch of government or by any elected or appointed official or any employee thereof and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment which primary purpose is to influence the judiciary in its purchasing decisions on a regular basis on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation or association; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty- first for the benefit of one or more public officials or one or more employees of the judicial branch of state government in connection with attempting to influence such purchasing decisions by the judiciary.

A "judicial lobbyist" shall not include a member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Appearing or inquiring in regard to a complaint, citation, summons, adversary proceeding, or contested case before a state court;

b. Participating in public hearings or public proceedings on rules, grants, or other matters;

c. Responding to any request for information made by any judge or employee of the judicial branch of government;

d. Preparing, distributing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic; or

e. Acting within the scope of employment by the general assembly, or acting within the scope of employment by the executive branch of government when acting with respect to the department, division, board, commission, agency or elected state officer by which such person is employed, or with respect to any duty or authority imposed by law to perform any action in conjunction with any other public official or state employee;

[(4)] (5) "Legislative lobbyist", any natural person who acts for the purpose of attempting to influence the taking, passage, amendment, delay or defeat of any official action on any bill, resolution, amendment, nomination, appointment, report or any other action or any other matter pending or proposed in a legislative committee in either house of the general assembly, or in any matter which may be the subject of action by the general assembly and in connection with such activity, meets the requirements of any one or more of the following:

(a) Is acting in the ordinary course of employment, which primary purpose is to influence legislation on a regular basis, on behalf of or for the benefit of such person's employer, except that this shall not apply to any person who engages in lobbying on an occasional basis only and not as a regular pattern of conduct; or

(b) Is engaged for pay or for any valuable consideration for the purpose of performing such activity; or

(c) Is designated to act as a lobbyist by any person, business entity, governmental entity, religious organization, nonprofit corporation, association or other entity; or

(d) Makes total expenditures of fifty dollars or more during the twelve-month period beginning January first and ending December thirty- first for the benefit of one or more public officials or one or more employees of the legislative branch of state government in connection with such activity.

A "legislative lobbyist" shall include an attorney at law engaged in activities on behalf of any person unless excluded by any of the following exceptions. A "legislative lobbyist" shall not include any member of the general assembly, an elected state official, or any other person solely due to such person's participation in any of the following activities:

a. Responding to any request for information made by any public official or employee of the legislative branch of government;

b. Preparing or publication of an editorial, a newsletter, newspaper, magazine, radio or television broadcast, or similar news medium, whether print or electronic;

c. Acting within the scope of employment of the legislative branch of government when acting with respect to the general assembly or any member thereof;

d. Testifying as a witness before the general assembly or any committee thereof;

[(5)] (6) "Lobbyist", any natural person defined as an executive lobbyist, judicial lobbyist or a legislative lobbyist;

[(6)] (7) "Lobbyist principal", any person, business entity, governmental entity, religious organization, nonprofit corporation or association who employs, contracts for pay or otherwise compensates a lobbyist;

[(7)] (8) "Public official", any member or member-elect of the general assembly, judge or judicial officer, or any other person holding an elective office of state government or any agency head, department director or division director of state government or any member of any state board or commission and any designated decision-making public servant designated by persons described in this subdivision."; and

Further amend said bill, Page 2, Section 105.473, Line 21, by deleting all of said line and inserting in lieu thereof the following:

"lobbyist, judicial lobbyist [or a] , legislative lobbyist, or elected local government official lobbyist, the lobbyist shall file with the commission on"; and

Further amend said bill, Page 3, Section 105.473, Line 32, by deleting all of said line and inserting in lieu thereof the following:

"(b) The total of all expenditures by the lobbyist or his or her lobbyist principals made on behalf of all elected local government officials, their staffs and employees, and their spouses and children. Such expenditures shall be separated into at least the following categories:

a. Printing and publication expenses;

b. Media and other advertising expenses;

c. Travel;

d. Entertainment;

e. Honoraria;

f. Meals, food, and beverages;

g. Gifts;

Further amend said bill, Page 3, Section 105.473, Line 35, by inserting immediately after the word "official" the following:

"or elected local government official"; and

Further amend said bill, Page 3, Section 105.473, Line 36, by deleting all of said line and inserting in lieu thereof the following:

"[(c)] (d) The total of all expenditures made by a lobbyist or lobbyist principal for occasions"; and

Further amend said bill, Page 3, Section 105.473, Lines 46 to 48, by deleting all of said lines and inserting in lieu thereof the following:

"[(d)] (e) Any expenditure made on behalf of a public official, an elected local government official, or [the public] such official's staff, employees, spouse or dependent children, if such expenditure is solicited by such [public] official, the [public] official's staff, employees, or spouse or dependent children, from the lobbyist or his"; and

Further amend said bill, Page 3, Section 105.473, Lines 52 and 53, by deleting all of said lines and inserting in lieu thereof the following:

"[(e)] (f) A statement detailing any direct business relationship or association or partnership the lobbyist has with any public official or elected local government official."; and

Further amend said bill, Page 4, Section 105.473, Line 90, by deleting all of said line and inserting in lieu thereof the following:

"officer, or any other person holding an elective office of state government, or any elected local government official, on or before the"; and

Further amend said bill, Page 4, Section 105.473, Line 102, by inserting after all of said line the following:

"13. The provisions of this section shall supersede any contradicting ordinances or charter provisions."; and

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

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

Representative Threlkeld offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 1499, Page 30, Section 130.021, Line 129, by inserting after all of said line the following:

"130.032. 1. In addition to the limitations imposed pursuant to section 130.031, the amount of contributions made by or accepted from any person other than the candidate in any one election shall not exceed the following:

(1) To elect an individual to the office of governor, lieutenant governor, secretary of state, state treasurer, state auditor or attorney general, one thousand dollars;

(2) To elect an individual to the office of state senator, five hundred dollars;

(3) To elect an individual to the office of state representative, two hundred fifty dollars;

(4) To elect an individual to any other office, including judicial office, if the population of the electoral district, ward, or other unit according to the latest decennial census is under one hundred thousand, two hundred fifty dollars;

(5) To elect an individual to any other office, including judicial office, if the population of the electoral district, ward, or other unit according to the latest decennial census is at least one hundred thousand but less than two hundred fifty thousand, five hundred dollars; and

(6) To elect an individual to any other office, including judicial office, if the population of the electoral district, ward, or other unit according to the latest decennial census is at least two hundred fifty thousand, one thousand dollars.

2. For purposes of this subsection "base year amount" shall be the contribution limits prescribed in this section on January 1, 1995. Such limits shall be increased on the first day of January in each even-numbered year beginning before January 1, 2007, and on the first day of January in each odd-numbered year beginning on or after January 1, 2007, by multiplying the base year amount by the cumulative consumer price index, as defined in section 104.010, RSMo, and rounded to the nearest twenty-five-dollar amount, for all years since January 1, 1995.

3. Candidate committees, exploratory committees, campaign committees and continuing committees, other than those continuing committees which are political party committees, shall be subject to the limits prescribed in subsection 1 of this section. The provisions of this subsection shall not limit the amount of contributions which may be accumulated by a candidate committee and used for expenditures to further the nomination or election of the candidate who controls such candidate committee[, except as provided in section 130.052].

4. Except as limited by this subsection, the amount of cash contributions, and a separate amount for the amount of in-kind contributions, made by or accepted from a political party committee in any one election shall not exceed the following:

(1) To elect an individual to the office of governor, lieutenant governor, secretary of state, state treasurer, state auditor or attorney general, ten thousand dollars;

(2) To elect an individual to the office of state senator, five thousand dollars;

(3) To elect an individual to the office of state representative, two thousand five hundred dollars; and

(4) To elect an individual to any other office of an electoral district, ward or unit, ten times the allowable contribution limit for the office sought.

The amount of contributions which may be made by or accepted from a political party committee in the primary election to elect any candidate who is unopposed in such primary shall be fifty percent of the amount of the allowable contributions as determined in this subsection.

5. Contributions from persons under fourteen years of age shall be considered made by the parents or guardians of such person and shall be attributed toward any contribution limits prescribed in this chapter. Where the contributor under fourteen years of age has two custodial parents or guardians, fifty percent of the contribution shall be attributed to each parent or guardian, and where such contributor has one custodial parent or guardian, all such contributions shall be attributed to the custodial parent or guardian.

6. Contributions received and expenditures made prior to January 1, 1995, shall be reported as a separate account and pursuant to the laws in effect at the time such contributions are received or expenditures made. Contributions received and expenditures made after January 1, 1995, shall be reported as a separate account from the aforementioned account and pursuant to the provisions of this chapter. The account reported pursuant to the prior law shall be retained as a separate account and any remaining funds in such account may be used pursuant to this chapter and section 130.034.

7. Any committee which accepts or gives contributions other than those allowed shall be subject to a surcharge of one thousand dollars plus an amount equal to the contribution per nonallowable contribution, to be paid to the ethics commission and which shall be transferred to the director of revenue, upon notification of such nonallowable contribution by the ethics commission, and after the candidate has had ten business days after receipt of notice to return the contribution to the contributor. The candidate and the candidate committee treasurer or deputy treasurer owing a surcharge shall be personally liable for the payment of the surcharge or may pay such surcharge only from campaign funds existing on the date of the receipt of notice. Such surcharge shall constitute a debt to the state enforceable under, but not limited to, the provisions of chapter 143, RSMo."; and

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

Representative Harris (23) offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

House Amendment No. 2

AMEND House Amendment No. 2 to House Bill No. 1499, Page 5, Line 10, by inserting after said line:

“8. No candidate for the house of representatives, senate, or a statewide elected office shall accept any contributions from the first Wednesday after the first Monday in January through the thirtieth day of May of each year. Candidates for special election to the house of representatives, senate, or statewide elected office may accept contributions from the date of the candidate’s nomination by his or her respective political party until thirty days after the date of the election.”.

On motion of Representative Harris (23), House Amendment No. 1 to House Amendment No. 2 was adopted by the following vote:

AYES: 131

Aull	Baker 25	Baker 123	Bearden	Behnen
Bivins	Black	Bland	Bogetto	Bowman
Boykins	Bringer	Brown 50	Bruns	Burnett
Casey	Chinn	Cooper 158	Corcoran	Cunningham 145
Cunningham 86	Curls	Dake	Darrough	Davis
Day	Dempsey	Denison	Dethrow	Dixon
Donnelly	Dusenberg	Emery	Ervin	Faith
Fisher	Flook	Frame	Franz	Fraser
George	Guest	Harris 23	Harris 110	Haywood
Henke	Hobbs	Hunter	Icet	Jackson
Johnson 47	Johnson 61	Johnson 90	Jolly	Jones
Kraus	Kuessner	Lager	Lampe	LeVota
Liese	Lipke	Loehner	Low 39	Meadows
Meiners	Munzlinger	Muschany	Nance	Nieves
Nolte	Oxford	Page	Parker	Parson
Pearce	Phillips	Pollock	Portwood	Pratt
Quinn	Rector	Richard	Roark	Robb
Robinson	Roorda	Rucker	Ruestman	Rupp
Salva	Sander	Sater	Schaaf	Schad
Scharnhorst	Schlottach	Schneider	Schoemehl	Self
Shoemyer	Silvey	Skaggs	Smith 14	Smith 150
Spreng	Stevenson	St. Onge	Storch	Sutherland
Swinger	Threlkeld	Tilley	Viebrock	Vogt
Wagner	Walsh	Wasson	Wells	Weter
Wildberger	Wilson 119	Wilson 130	Witte	Wood
Wright 137	Wright 159	Yaeger	Yates	Zweifel
Mr Speaker

NOES: 022

Brooks	Chappelle-Nadal	Daus	Deeken	Dougherty
El-Amin	Fares	Hoskins	Hubbard	Kelly
Kratky	Lowe 44	May	McGhee	Myers
Smith 118	Villa	Wallace	Walton	Whorton
Wright-Jones	Young

PRESENT: 000

ABSENT WITH LEAVE: 010

Avery	Bean	Brown 30	Cooper 120	Cooper 155
Hughes	Kingery	Lembke	Marsh	Moore

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

Representative Pratt offered House Amendment No. 3.

House Amendment No. 3

AMEND House Bill No. 1499, Section 130.021, Page 30, Line 129, by inserting immediately after said line the following:

“130.026. 1. For the purpose of this section, the term "election authority" or "local election authority" means the county clerk, except that in a city or county having a board of election commissioners the board of election commissioners shall be the election authority. For any political subdivision or other district which is situated within the jurisdiction of more than one election authority, as defined herein, the election authority is the one in whose jurisdiction the candidate resides or, in the case of ballot measures, the one in whose jurisdiction the most populous portion of the political subdivision or district for which an election is held is situated, except that a county clerk or a county board of election commissioners shall be the election authority for all candidates for elective county offices other than county clerk and for any countywide ballot measures.

2. The appropriate officer or officers for candidates and ballot measures shall be as follows:

(1) In the case of candidates for the offices of governor, lieutenant governor, secretary of state, state treasurer, state auditor, attorney general, judges of the supreme court, [and] appellate court judges, state senator and state representative, the appropriate officer shall be the Missouri ethics commission;

(2) Notwithstanding the provisions of subsection 1 of this section, in the case of candidates for the offices of [state senator, state representative,] county clerk, and associate circuit court judges and circuit court judges, the appropriate officers shall be the Missouri ethics commission and the election authority for the place of residence of the candidate;

(3) In the case of candidates for elective municipal offices in municipalities of more than one hundred thousand inhabitants and elective county offices in counties of more than one hundred thousand inhabitants, the appropriate officers shall be the Missouri ethics commission and the election authority of the municipality or county in which the candidate seeks office;

(4) In the case of all other offices, the appropriate officer shall be the election authority of the district or political subdivision for which the candidate seeks office;

(5) In the case of ballot measures, the appropriate officer or officers shall be:

(a) The Missouri ethics commission for a statewide measure;

(b) The local election authority for any political subdivision or district as determined by the provisions of subsection 1 of this section for any measure, other than a statewide measure, to be voted on in that political subdivision or district.

3. The appropriate officer or officers for candidate committees and campaign committees shall be the same as designated in subsection 2 of this section for the candidates or ballot measures supported or opposed as indicated in the statement of organization required to be filed by any such committee.

4. The appropriate officer for political party committees shall be as follows:

(1) In the case of state party committees, the appropriate officer shall be the Missouri ethics commission;

(2) In the case of any district, county or city political party committee, the appropriate officer shall be the Missouri ethics commission and the election authority for that district, county or city.

5. The appropriate officers for a continuing committee and for any other committee not named in subsections 3, 4 and 5 of this section shall be as follows:

(1) The Missouri ethics commission and the election authority for the county in which the committee is domiciled; and

(2) If the committee makes or anticipates making expenditures other than direct contributions which aggregate more than five hundred dollars to support or oppose one or more candidates or ballot measures in the same political subdivision or district for which the appropriate officer is an election authority other than the one for the county in which the committee is domiciled, the appropriate officers for that committee shall include such other election authority or authorities, except that committees covered by this subsection need not file statements required by section 130.021 and reports required by subsections 6, 7 and 8 of section 130.046 with any appropriate officer other than those set forth in subdivision (1) of this subsection.

6. The term "domicile" or "domiciled" means the address of the committee listed on the statement of organization required to be filed by that committee in accordance with the provisions of section 130.021.”; and

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

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

HB 1499, as amended, was laid over.

COMMITTEE ASSIGNMENT

SPECIAL COMMITTEE ON IMMIGRATION REFORM

Emery, Ed - Chair

Nolte, Jerry - Vice-Chair

Chappelle-Nadal, Maria

Chinn, Cathy

Cooper, Nathan

Dusenberg, Gary

Flook, Tim

Guest, Jim

Henke, Wayne

Lembke, Jim

Nieves, Brian

Skaggs, Trent

Wildberger, Ed

Wright, Billy Pat

Wright-Jones, Robin

Yaeger, Patricia

REFERRAL OF HOUSE RESOLUTIONS

The following House Resolutions were referred to the Committee indicated:

HR 2295 - Special Committee on Immigration Reform

HR 2345 - Rules

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HCS HB 1581 - Fiscal Review (Fiscal Note)

HB 1619 - Fiscal Review (Fiscal Note)

HCS HB 1767 - Fiscal Review (Fiscal Note)

HB 1820 - Special Committee on Student Achievement and Finance

HB 1948 - Elections

HB 1949 - Elections

HB 1979 - Crime Prevention and Public Safety

HB 2013 - Ways and Means

HB 2037 - Budget

HB 2052 - Local Government

HB 2080 - Utilities

HB 2122 - Crime Prevention and Public Safety

HB 2134 - Local Government

HB 2135 - Local Government

HB 2147 - Elections

HB 2149 - Elections

REFERRAL OF SENATE CONCURRENT RESOLUTIONS

The following Senate Concurrent Resolutions were referred to the Committee indicated:

SCS SCR 24 - Agriculture Policy

SCR 29 - Conservation and Natural Resources

SCR 31 - Agriculture Policy

REFERRAL OF SENATE JOINT RESOLUTIONS

The following Senate Joint Resolutions were referred to the Committee indicated:

SJR 26 - Veterans

SJR 31 - Special Committee on Student Achievement and Finance

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SCS SBs 567 & 792 - Health Care Policy

SS SCS SBs 588, 557, 579, 563, 869, 619,

570, 753, 764, 782, 783 & 890 - Crime Prevention and Public Safety

SS SB 596 - Children and Families

SS SCS SB 882 - Crime Prevention and Public Safety

SS SCS SB 904 - Special Committee on General Laws

SS SCS SB 912 - Special Committee on Student Achievement and Finance

SCS SB 961 - Transportation

SS SCS SB 976 - Conservation and Natural Resources

SB 1023 - Crime Prevention and Public Safety

SB 1037 - Utilities

SS SCS SB 1041 - Crime Prevention and Public Safety

SS SB 1058 - Judiciary

SCS SB 1081 - Special Committee on Student Achievement and Finance

SB 1102 - Local Government

SB 1103 - Insurance Policy

SB 1107 - Conservation and Natural Resources

SS SCS SBs 1210, 1244 & 844 - Judiciary

SS SCS SB 1229 - Children and Families

COMMITTEE REPORTS

Committee on Budget, Chairman Icet reporting:

Mr. Speaker: Your Committee on Budget, to which was referred HB 1022, 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 Children and Families, Chairman Phillips reporting:

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

HOUSE CONCURRENT RESOLUTION NO. 26

WHEREAS, faith-based and community organizations are currently providing quality social services and making a positive difference in the communities they serve; and

WHEREAS, faith-based and community organizations are serving their communities in areas such as the prevention and treatment of juvenile delinquency, child care services, support services for the elderly, the prevention of crime, the intervention in and prevention of domestic violence, and a number of other social service areas; and

WHEREAS, some of these faith-based and community organizations are currently receiving moneys from the federal government, or through the state, a city, or local government that itself receives federal moneys, to carry out their missions; and

WHEREAS, because of the quality of services provided by these organizations, it is important for the state and local governments to utilize their services by working in partnership with faith-based and community organizations; and

WHEREAS, faith-based and community organizations that currently work in partnership with local governments or judicial circuits are doing so within the framework of the Constitutional church-state guidelines:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby express our gratitude to faith-based and community organizations working in their communities to improve the lives of the citizens of this state; and

BE IT FURTHER RESOLVED that the members of the General Assembly support the mission of faith-based and community organizations to provide social services to improve the lives of our citizens; and

BE IT FURTHER RESOLVED that the members of the General Assembly support and encourage the state and all local governments to work in partnership with faith-based and community organizations to provide quality social services that improve the lives of so many of our citizens in particular and better our society in general; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Governor Matt Blunt, the presiding judge of each judicial circuit in this state, and to the director of each state department.

Mr. Speaker: Your Committee on Children and Families, to which was referred HCR 45, 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.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE CONCURRENT RESOLUTION NO. 45

WHEREAS, Senate Joint Resolution 1 has been introduced in th United States Congress to amend the United States Constitution as follows:

"Section 1. This article may be cited as the "Marriage Protection Amendment".

Section 2. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman."; and

WHEREAS, civil marriage, as a legal union, has generally been defined by state law in accord with the principles of federalism. Although the states have the primary regulatory power with regard to marriage, the federal government has been involved in regulating marriage since the mid-nineteenth century; and

WHEREAS, the 1862 Morrill Act, which made bigamy a punishable federal offense, was followed by a series of laws designed to end the practice of polygamy; and

WHEREAS, in 1996, President Clinton signed the Defense of Marriage Act into law which prevents federal recognition of same-sex marriage, and allows state to refuse to recognize same-sex licenses obtained outside their borders; and

WHEREAS, the efforts of 19 States, including Missouri, to protect traditional marriage by way of a constitutional amendment as the union between one man and one woman is a clear indication to the rest of the country and the United States Congress that the citizens of each state are in strong support of the most sacred institution of marriage; and

WHEREAS, despite progress to protect marriage in the states, the courts pose a direct threat to the will of the people who have spoken through the democratic process; and

WHEREAS, on July 14, 2004, by a vote of 50-48, a similarly-worded federal marriage amendment was defeated in the United States Senate. Despite the amendment's failure in the United States Senate, the United States House of Representatives took up the amendment on September 30, 2004. With a vote of 227-186, the amendment fell well short of the votes needed for adoption; and

WHEREAS, a vote on the marriage protection amendment in the United States Senate is scheduled for June 5, 2006; and

WHEREAS, to become part of the United States Constitution, the Marriage Protection Amendment would need to be approved by a two-thirds majority in the United States House of Representatives and the Senate, and then ratified by 38 of the state legislatures. Three-fourths of the states have already enacted laws in accord with the 1996 Defense of Marriage Act, but these laws do not constitute ratification of the Marriage Protection Amendment:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the United States Congress to approve the Marriage Protection Amendment which would define marriage in the United States as a union of one man and one woman; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each member of the Missouri Congressional Delegation.

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

Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SB 1221, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

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

Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HB 1946, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Committee on Financial Institutions, Chairman Cunningham (145) reporting:

Mr. Speaker: Your Committee on Financial Institutions, to which was referred SS SCS SB 892, 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 Higher Education, Chairman Kingery reporting:

Mr. Speaker: Your Committee on Higher Education, to which was referred SS SCS SB 590, 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 Local Government, Chairman Johnson (47) reporting:

Mr. Speaker: Your Committee on Local Government, to which was referred HB 2047, 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 Local Government, to which was referred SB 884, 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 Local Government, to which was referred SB 951, 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 Local Government, to which was referred SB 1101, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Mr. Speaker: Your Committee on Local Government, to which was referred SCS SB 1175, 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 Transportation, Chairman St. Onge reporting:

Mr. Speaker: Your Committee on Transportation, to which was referred SS#2 SCS SB 583, 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 Transportation, to which was referred SCS SB 1064, 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 Ways and Means, Chairman Sutherland reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred SB 778, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:

Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HCR 36, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

HOUSE CONCURRENT RESOLUTION NO. 36

WHEREAS, the Second Injury fund was created to provide compensation for certain work-related injuries; and

WHEREAS, revenue for the Second Injury fund is provided by a surcharge paid by authorized self-insurers and workers' compensation policyholders; and

WHEREAS, various state officials have duties related to the fund, including the State Treasurer who is custodian of the fund, the Attorney General who provides legal services to the fund; and the Director of the Division of Workers' Compensation who maintains financial data and certain records regarding the fund; and

WHEREAS, every three years the Second Injury Fund is required to have an actuarial study conducted to determine the solvency of the fund, the appropriate funding level for the fund, and the forecasted expenditures from the fund; and

WHEREAS, the most recent Second Injury Fund actuarial study raised concerns about the solvency of the fund:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby establish the "Joint Interim Committee on the Second Injury Fund" to be comprised of five members of the Senate and five members of the House of Representatives, with three of the Senate members to be appointed by the President Pro Tem of the Senate and two members of the Senate to be appointed by the Senate Minority Leader, and with three of the House members to be appointed by the Speaker of the House and two of the House members to be appointed by the House Minority Floor Leader; and

BE IT FURTHER RESOLVED that the interim committee shall examine and analyze the solvency of and need for the Second Injury Fund; and

BE IT FURTHER RESOLVED that the staffing required by the committee shall be provided by the House and Senate Research offices; and

BE IT FURTHER RESOLVED that the interim committee is authorized to call upon any department, office, division, or agency of this state to assist in the gathering of information pursuant to the interim committee's objective provided herein; and

BE IT FURTHER RESOLVED that the interim committee is authorized to operate from the passage of this resolution until January 31, 2007, and members of the interim committee may be reimbursed for their actual and necessary expenses incurred in the performance of their duties; and

BE IT FURTHER RESOLVED that the interim committee shall deliver its report to the Governor and the General Assembly with its findings and recommendations by January 15, 2007, and the interim committee shall terminate on January 31, 2007; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for each director of every department and office responsible for the maintenance of and enforcement of the attendant provisions under the Second Injury Fund.

Mr. Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred SB 735, 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 Workforce Development and Workplace Safety, to which was referred SB 779, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.

Committee on Rules, Chairman Cooper (120) reporting:

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1082, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HB 1560, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HB 1642, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HB 1704 with House Committee Amendment No. 1, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1749, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1814, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1970, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HB 2038, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 666, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 773, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 878, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS SB 965, begs leave to report it has examined the same and recommends that it Do Pass - NOT CONSENT.

Mr. Speaker: Your Committee on Rules, to which was referred SCS SB 1026, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 1048, begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1001, entitled:

An act to appropriate money to the Board of Fund Commissioners for the cost of issuing, processing and defeasing 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, Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2006 and ending June 30, 2007.