First Regular Session, 94th General Assembly
SIXTY-FOURTH DAY, Thursday, April 26, 2007
The House met pursuant to adjournment.
Speaker Jetton in the Chair.
Prayer by Msgr. Donald W. Lammers.
In view of the decisions being made in our Nation's Capitol about the war in Iraq.
Let us pray.
God our Father, all earthly powers must serve You. Look upon our President and the members of Congress, and help them fulfill their responsibilities worthily and well. Fill them with the spirit of Your widsom. May they always act in accordance with Your will, and may their decisions be for the peace and well-being of all people.
May these same blessings come upon us that we serve You worthily through our service of the people of this State.
We pray to You in our need always, for You are our God forever and ever. 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: Kael Rademan, Erica Chitwood, Kendall Loyd, Julia Dowd, Michael Steele, Katie Chudy, David Winstein-Hibbs, Cody Pinkner, Maddy Zuke, Mavis Coffman, Luke Downham, Bailey Chadduck, Andrea Robin, David Vence, Tyler Lewis, Blake Buchanan, Jared Samson, Christopher Gates, Ryan Ochs, Adam Harkins, John Paul Harkins, Josh Bailey, Schyler Tate, Chris Littrell, Joe Mazzeffe and Matt McKnight.
The Journal of the sixty-third day was approved as corrected by the following vote:
AYES: 133 |
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Aull |
Baker 123 |
Bearden |
Bland |
Brandom |
Bringer |
Brown 50 |
Burnett |
Casey |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cox |
Cunningham 145 |
Cunningham 86 |
Curls |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fallert |
Fares |
Fisher |
Frame |
Franz |
Funderburk |
Grill |
Grisamore |
Guest |
Harris 110 |
Hobbs |
Hodges |
Holsman |
Hoskins |
Hubbard |
Hughes |
Icet |
Jones 89 |
Jones 117 |
Kingery |
Komo |
Kratky |
Kraus |
Kuessner |
Lampe |
Lembke |
Liese |
Lipke |
Loehner |
Marsh |
May |
McClanahan |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Nance |
Nasheed |
Nieves |
Nolte |
Norr |
Onder |
Page |
Parson |
Pearce |
Pollock |
Portwood |
Quinn 7 |
Quinn 9 |
Richard |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Ruzicka |
Salva |
Sander |
Sater |
Scavuzzo |
Schaaf |
Schad |
Schlottach |
Schoeller |
Schoemehl |
Self |
Shively |
Silvey |
Skaggs |
Smith 14 |
Smith 150 |
St. Onge |
Storch |
Stream |
Sutherland |
Swinger |
Thomson |
Threlkeld |
Tilley |
Todd |
Viebrock |
Villa |
Wallace |
Walsh |
Walton |
Wasson |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zimmerman |
Zweifel |
Mr Speaker |
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NOES: 014 |
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Baker 25 |
Daus |
Donnelly |
Flook |
George |
Harris 23 |
Johnson |
LeVota |
Low 39 |
Lowe 44 |
Oxford |
Schieffer |
Talboy |
Vogt |
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PRESENT: 002 |
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Darrough |
Spreng |
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ABSENT WITH LEAVE: 014 |
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Avery |
Bivins |
Bowman |
Brown 30 |
Bruns |
Haywood |
Hunter |
Kelly |
Meadows |
Pratt |
Scharnhorst |
Schneider |
Stevenson |
Wells |
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HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 2696 through House Resolution No. 2749
SECOND READING OF SENATE BILL
SS#6 SCS SB 389 was read the second time.
THIRD READING OF SENATE BILL
HCS#2 SB 406, relating to employee benefit plans, was taken up by Representative Wallace.
Representative Cooper (120) offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute No. 2 for Senate Bill No. 406, Page 3, Section 103.085, Line 28, by inserting after said line the following:
"103.080. 1. As used in this section, the following terms shall mean:
(1) "Health savings account" or "account", shall have the same meaning ascribed to it as in 26 U.S.C. Section 223(d), as amended;
(2) "High deductible health plan", a policy or contract of health insurance or health care plan that meets the criteria established in 26 U.S.C. Section 223(c)(2), as amended, and any regulations promulgated thereunder.
2. Beginning with the open enrollment period for the 2008 plan year, the board shall offer to all qualified employees the option of receiving health care coverage through a high deductible health plan and the establishment of a health savings account. In order for a qualified individual to obtain a high deductible health plan through the Missouri consolidated health care plan, such individual shall present evidence, in a manner prescribed by regulation, to the board that he or she has established a health savings account in compliance with 26 U.S.C. Section 223, and any amendments and regulations promulgated thereto.
3. The board is authorized to promulgate rules and regulations for the administration and implementation of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2007, shall be invalid and void.
4. The board shall issue a request for proposals from insurance carriers interested in offering a high deductible health plan in connection with a health savings account."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Richard assumed the Chair.
Representative Pearce assumed the Chair.
Representative Portwood offered House Amendment No. 1 to House Amendment No. 1.
House Amendment No. 1
to
House Amendment No. 1
AMEND House Amendment No. 1 to House Committee Substitute No. 2 for Senate Bill No. 406, Page 1, Line 8, by inserting after the word "thereunder" on said line the following:
"; provided that the deductible is not greater than one thousand dollars"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Richard resumed the Chair.
HCS#2 SB 406, with House Amendment No. 1 to House Amendment No. 1, and House Amendment No. 1, pending, was laid over.
HOUSE BILLS WITH SENATE AMENDMENTS
SCS HB 1, relating to appropriations, was taken up by Representative Icet.
Representative Icet moved that the House refuse to adopt SCS HB 1 and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HCS HB 2, relating to appropriations, was taken up by Representative Icet.
Representative Icet moved that the House refuse to adopt SCS HCS HB 2 and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HCS HB 3, relating to appropriations, was taken up by Representative Icet.
Representative Icet moved that the House refuse to adopt SCS HCS HB 3 and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HCS HB 4, relating to appropriations, was taken up by Representative Icet.
Representative Icet moved that the House refuse to adopt SCS HCS HB 4 and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
Representative Pearce resumed the Chair.
SCS HCS HB 5, relating to appropriations, was taken up by Representative Icet.
Representative Icet moved that the House refuse to adopt SCS HCS HB 5 and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HCS HB 6, relating to appropriations, was taken up by Representative Icet.
Representative Icet moved that the House refuse to adopt SCS HCS HB 6 and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
REFERRAL OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was referred to the Committee indicated:
HCR 5 - Special Committee on Veterans
REFERRAL OF SENATE BILLS
The following Senate Bills were referred to the Committee indicated:
HCS SCS SB 156 - Fiscal Review (Fiscal Note)
SCS SB 418 - Fiscal Review (Fiscal Note)
SS SB 40 - Special Committee on Utilities
SCS SB 75 - Special Committee on Veterans
SS#2 SCS SB 204 - Special Committee on Agri-Business
SCS SB 226 - Transportation
SCS SB 235 - Special Committee on State Parks and Waterways
SS SB 358 - Transportation
SCS SB 368 - Judiciary
SS#6 SCS SB 389 - Higher Education
SS SCS SB 496 - Health Care Policy
SB 559 - Local Government
SS SB 654 - Special Committee on Urban Issues
SCS SB 664 - Special Committee on Professional Registration and Licensing
SS SCS SB 668 - Special Committee on Health Insurance
COMMITTEE REPORTS
Committee on Health Care Policy, Chairman Cooper (155) reporting:
Mr. Speaker: Your Committee on Health Care Policy, to which was referred SCS SB 4, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Health Care Policy, to which was referred SCS SB 333, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Special Committee on Energy and Environment, Chairman Bivins reporting:
Mr. Speaker: Your Special Committee on Energy and Environment, to which was referred SCS SB 328, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Special Committee on Urban Education Reform, Chairman Hoskins reporting:
Mr. Speaker: Your Special Committee on Urban Education Reform, to which was referred HB 1272, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Committee on Ways and Means, Chairman Sutherland reporting:
Mr. Speaker: Your Committee on Ways and Means, to which was referred SCS SB 86, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Ways and Means, to which was referred SCS SBs 199 & 207, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Ways and Means, to which was referred SB 582, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(21)(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 SRB 613, begs leave to report it has examined the same and recommends that the House Committee Substitute 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 HB 62.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 268.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 405.
Emergency clause adopted.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 459.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 732.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 754.
COMMUNICATION
April 25, 2007
Mr. Adam Crumbliss
Chief Clerk
Missouri House of Representatives
Dear Mr. Crumbliss:
The Committee on Budget has adopted the attached motion under Section 33.282, RSMo, and request that it be printed in the Journal of the House.
Sincerely,
/s/ Allen Icet
State Representative
District 84
MOTION OF APPROVAL PURSUANT TO SECTION 33.282, RSMo.
Having reviewed the estimates of new tax credits for Fiscal Year 2008 submitted to the Chairman of the House Budget Committee by the Budget Director to Section 33.282, RSMo, the Committee on Budget, under the authority of Section 33.282, hereby approves those estimated new tax credits for any tax year beginning after July 1, 2007 and before June 30, 2008, and directs the Chairman of the Committee to report adoption of this Motion to the Chief Clerk of the House and request that the Motion be printed in the Journal of the House.
The following members’ presence was noted: Hunter and Stevenson.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 2:00 p.m., Monday April 30, 2007.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Sixty-third Day, Wednesday, April 25, 2007, Page 1351, Line 15, by deleting the numeral "$78,624" and inserting in lieu thereof the numeral "$88,624".
COMMITTEE MEETINGS
APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES
Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 3.
Review of Department of Natural Resources performance measures.
CONFERENCE COMMITTEE NOTICE
Tuesday, May 1, 2007, Hearing Room 3 upon afternoon recess or 12:00 p.m. AMENDED
Public hearing to be held on: SS SCS HCS HB 327
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 6.
Executive session may follow.
Public hearing to be held on: SS SCS SB 429
HEALTH CARE POLICY
Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: SS SCS SB 85, SCS SB 530
JUDICIARY
Tuesday, May 1, 2007, 12:00 p.m. Hearing Room 1.
Executive session may follow.
Public hearings to be held on: SCS SB 368, SB 516
LOCAL GOVERNMENT
Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 701, SB 130, SCS SB 299,
SB 334, SB 345, SB 510, SS SCS SB 21
RULES - PURSUANT TO RULE 25(21)(f)
Monday, April 30, 2007, Hearing Room 5 upon evening adjournment.
Executive session may follow.
Public hearings to be held on: HCS HCR 45, HCR 44, HJR 11, HCS HB 1272,
HCS HB 869, HB 1052, HCS SS SCS SB 22, HCS SS SCS SBs 255, 249 & 279,
HCS SB 325, HCS SCS SB 54, HCS SCS SB 369 & SB 550, HCS SCS SB 497,
SS SB 417, HCS SB 315, HCS SB 419, SB 171, SCS SB 309, SB 433, SB 162,
SCS SB 4, SCS SB 137, HCS SCS SB 86, HCS SB 582
SPECIAL COMMITTEE ON AGRI-BUSINESS
Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 4.
Executive session may follow.
Public hearing to be held on: SS#2 SCS SB 204
SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT
Tuesday, May 1, 2007, 1:00 p.m. Hearing Room 7.
Executive session may follow.
Public hearing to be held on: HB 968
TRANSPORTATION
Tuesday, May 1, 2007, 8:00 a.m. Hearing Room 1.
Executive session may follow.
Public hearings to be held on: SS SB 358, SCS SB 226
HOUSE CALENDAR
SIXTY-FIFTH DAY, MONDAY, APRIL 30, 2007
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HJR 21 - Cooper (120)
2 HCS HJR 9 - Dethrow
3 HJR 6 - Bruns
4 HCS HJR 20 - Bearden
HOUSE BILLS FOR PERFECTION
1 HCS HB 90, HA 1, pending - St. Onge
2 HCS HB 889 - Emery
3 HCS HB 111, as amended, HA 2, pending - Cunningham (145)
4 HCS HB 466 - Schaaf
5 HCS HB 771 - Bearden
6 HCS HBs 180, 396 & 615 - Day
7 HCS HB 238 - Yates
8 HB 360, HSA 1for HA 1, HA 1, pending - Robb
9 HCS HB 788 - Cooper (155)
10 HCS HB 218 - Stevenson
11 HCS HB 811 - Schad
12 HB 412 - Emery
13 HB 432 - Schaaf
14 HCS HB 699 - Tilley
15 HCS HB 768 - St. Onge
16 HCS HB 122 - Nance
17 HCS HB 487 - Cooper (120)
18 HCS HB 493 - Baker (123)
19 HCS HB 512 - Pratt
20 HCS HB 261, as amended - Yates
21 HB 746 - Franz
22 HB 882 - Page
23 HCS HB 1002 - Fisher
24 HCS HB 124 - Nance
25 HCS HB 765, HA 1, pending - Dempsey
26 HCS HBs 807 & 690 - Baker (123)
27 HCS HB 121 - Nance
28 HB 249 - Moore
29 HCS HB 252 - Robb
30 HCS HB 417 - Cunningham (86)
31 HCS HB 478 - Dethrow
32 HCS HB 490 - Baker (123)
33 HCS HB 508 - Schaaf
34 HCS HB 709 - Dethrow
35 HB 821 - Onder
36 HCS HB 995 - Hobbs
37 HCS#2 HB 85 - Kraus
38 HCS HB 399 - Walton
39 HCS HB 624 - Wilson (119)
40 HCS#2 HB 752 - Sutherland
41 HCS HB 1000 - Storch
42 HCS HB 1044 - Deeken
43 HCS HB 244 - Wells
44 HCS HB 587 - Tilley
45 HCS HB 628 - Loehner
46 HCS HB 629 - Hunter
47 HCS HB 872 - Cooper (158)
48 HCS HB 913 - Cooper (120)
49 HB 932 - Grill
50 HCS HB 1089 - Stevenson
51 HCS HB 347 - Munzlinger
52 HB 439 - Hunter
53 HCS HB 630 - Schlottach
54 HB 646 - Young
55 HCS HB 919 - Schneider
56 HCS HB 944 - Cooper (120)
57 HCS HB 1264 - Page
58 HB 758 - Brown (50)
59 HCS HB 425 - Pearce
60 HCS HB 429 - Jones (117)
61 HCS HB 716 - Davis
62 HCS HB 95 - Sater
63 HB 479 - Darrough
64 HB 733 - Page
65 HCS HB 769 - Bruns
66 HCS HB 802 - Page
67 HB 1155 - Wright-Jones
68 HCS HB 442 - Kingery
69 HB 727 - Portwood
70 HB 888 - Grisamore
71 HCS HB 923 - Kratky
72 HB 1251 - Komo
73 HCS HB 331 - Lipke
74 HCS#2 HB 735 - Cooper (158)
75 HCS HB 833 - Wasson
76 HB 1104 - Hughes
HOUSE BILL FOR PERFECTION - INFORMAL
HB 61 - Ruestman
HOUSE CONCURRENT RESOLUTION FOR THIRD READING
HCR 49, (4-23-07, Pages 1277-1278) - Portwood
HOUSE BILL FOR THIRD READING
HCS HBs 365, 804 & 805, (Fiscal Review 4-03-07) - Ervin
HOUSE BILL FOR THIRD READING - CONSENT
HB 910 - Fares
HOUSE CONCURRENT RESOLUTIONS
1 HCR 28, (2-27-07, Pages 438-439) - Walton
2 HCS HCR 21, (3-29-07, Pages 852-853) - Dethrow
3 HCR 33, (3-30-07, Pages 872-873) - Guest
4 HCR 43, (4-12-07, Pages 1081-1082) - Page
5 HCS HCR 26, (3-14-07, Pages 686-688) - El-Amin
6 HCR 54, (4-18-07, Pages 1202-1203) - Sutherland
7 HCR 38, (4-19-07, Page 1248) - Wright
SENATE BILLS FOR THIRD READING - CONSENT
1 HCS SCS SB 272 - Wasson
2 SB 407 - Deeken
3 HCS SB 322 - Cooper (158)
4 HCS SB 166 - Wood
5 SB 172 - Flook
6 HCS SB 270 - Jones (117)
7 HCS SCS SB 288, SB 152 & SCS SB 115, E.C. - Robinson
8 SB 298 - Schaaf
9 SCS SB 397 - Schaaf
10 HCS SB 127 - Schlottach
SENATE BILLS FOR THIRD READING
1 HCS#2 SB 406, HA 1 to HA 1, HA 1, pending - Wallace
2 HCS SB 416 - Pratt
3 SCS SB 302 - Pratt
4 HCS SB 25, as amended, HA 2*, pending - Franz
5 SCS SB 46 - Grisamore
6 HCS SB 84 - Franz
7 SCS SB 91 - St. Onge
8 SB 135 - Kingery
9 HCS SCS SB 232 - Cooper (158)
10 HCS SCS SB 384, E.C. - Daus
11 HCS SCS SB 520 - Hunter
12 SB 352 - Ruzicka
13 HCS SCS SBs 62 & 41 - Ruestman
14 HCS SCS SB 82, (Fiscal Review 4-24-07) - Tilley (90 minute debate on Third Reading)
15 HCS SB 593 & SCS SB 594 - May
16 SB 648 - Kelly
17 HCS SB 666 - Grill
18 HCS SCS SB 156, (Fiscal Review 4-26-07), E.C. - Quinn (7) (90 minute debate on Third Reading)
19 HCS SS SCS SB 320 - Quinn (7)
20 SCS SB 418 (Fiscal Review 4-26-07) - Weter
21 SB 513 - Wasson
SENATE BILL FOR THIRD READING - REVISION
HCS SRB 613 - Wasson
HOUSE BILLS WITH SENATE AMENDMENTS
1 SS SCS HCS HB 16 - Icet
2 SCS HCS HB 7 - Icet
3 SCS HCS HB 8 - Icet
4 SCS HCS HB 9 - Icet
5 SCS HCS HB 10 - Icet
6 SCS HCS HB 11, as amended - Icet
7 SCS HCS HB 12 - Icet
8 SCS HCS HB 13 - Icet
BILLS CARRYING REQUEST MESSAGES
1 SCS HB 1, (request Senate recede/grant conference) - Icet
2 SCS HCS HB 2, (request Senate recede/grant conference) - Icet
3 SCS HCS HB 3, (request Senate recede/grant conference) - Icet
4 SCS HCS HB 4, (request Senate recede/grant conference) - Icet
5 SCS HCS HB 5, (request Senate recede/grant conference) - Icet
6 SCS HCS HB 6, (request Senate recede/grant conference) - Icet
BILLS IN CONFERENCE
1 SS SCS HCS HB 327, E.C. - Richard
2 HCS SB 376, as amended, E.C. - Wood
3 HCS SB 30, as amended - Stevenson
4 HCS SCS SB 308, as amended - Wasson
5 SB 233, HA 1, HA 2, HA 3, HA 4, HA 5 - Stevenson
SENATE CONCURRENT RESOLUTIONS
1 SCR 18, (3-12-07, Page 892) - Deeken
2 SCS SCR 5, (3-01-07, Page 529) - Threlkeld
HOUSE RESOLUTION
HR 1678, (4-12-07, Page 1076) - Jones (117)