Journal of the House


First Regular Session, 94th General Assembly




SIXTY-SEVENTH DAY, Wednesday, May 2, 2007

The House met pursuant to adjournment.

 

            Speaker Pro Tem Bearden in the Chair.

 

            Prayer by Reverend James Earl Jackson.

 

              You, LORD, are an eternal God, the creator of the whole earth. You do not get tired or weary; there is no limit to Your wisdom. You give strength to those who are tired; to the ones who lack power, You give renewed energy.

 

              As the days are numbered before the end of this session, we reflect on the sacrifices that were made by family members, friends, staff and supporters. We thank You for putting them in our lives and for the wise counsel, tireless efforts, experience and knowledge they provide each day. Their contributions and commitment have allowed us to give focused attention to our part in legislative process.

 

              With Your wisdom comes insight and knowledge and sound judgment. We, with Your help, continue to apply these resources to our lives and daily activities.

 

              Now may You, God of all hope, fill us with all joy and peace in believing, so that we would abound in hope by the power of Your Spirit.

 

              We ask these things in Jesus' name. 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: Lara Yeast, Hunter Leake, Mark Hoeman, Spencer Hesse, Katherine McAlister, Kris McAllister and Izet Porobic.

 

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

 

            Representative Cooper (120) assumed the Chair.

 

BILL IN CONFERENCE

 

            CCR SS SCS HCS HB 327, relating to job development, was taken up by Representative Richard.

 

            Representative Dempsey moved the previous question.

 

 


            Which motion was adopted by the following vote:

 

AYES: 091

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Bruns

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Grisamore

Guest

Hobbs

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 068

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Wildberger

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Swinger

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

Brown 30

Funderburk

Marsh

 

 

 

            On motion of Representative Richard, CCR SS SCS HCS HB 327 was adopted by the following vote:

 

AYES: 149

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

George

Grill

Grisamore

Guest

Harris 23

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 009

 

 

 

 

 

 

 

 

 

Bringer

Daus

Frame

Harris 110

Low 39

Lowe 44

McClanahan

Nasheed

Oxford

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Meadows

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

Brown 30

Funderburk

Jones 117

Marsh

 

 

            On motion of Representative Richard, CCS SS SCS HCS HB 327 was read the third time and passed by the following vote:

 

AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

George

Grill

Grisamore

Guest

Harris 23

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 009

 

 

 

 

 

 

 

 

 

Bringer

Daus

Frame

Harris 110

Low 39

Lowe 44

McClanahan

Nasheed

Oxford

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Meadows

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

Brown 30

Denison

Dougherty

Funderburk

Haywood

Kuessner

Marsh

 

 

 

 

            Representative Cooper (120) declared the bill passed.

 

            Speaker Jetton assumed the Chair.

 

APPOINTMENT OF CONFERENCE COMMITTEE

 

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

 

HCS SB 30: Representatives Stevenson, Sutherland, Cooper (120), Bringer and Zweifel

 

            Representative Cooper (120) resumed the Chair.

 

MOTION

 

            Representative Dempsey moved that Rule 23 be suspended for the purpose of allowing the Conference Committees on House Bill No. 1 through House Bill No. 13 to meet during session.

 

 


            Which motion was adopted by the following vote:

 

AYES: 129

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Flook

Franz

Grill

Grisamore

Guest

Hobbs

Hodges

Hoskins

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Lembke

Lipke

Loehner

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 021

 

 

 

 

 

 

 

 

 

Burnett

Daus

Frame

George

Harris 23

Harris 110

Holsman

Hughes

Johnson

Lampe

LeVota

Low 39

Norr

Oxford

Roorda

Skaggs

Swinger

Talboy

Vogt

Walsh

Witte

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

Brown 30

Deeken

Dougherty

El-Amin

Fisher

Funderburk

Haywood

Kuessner

Liese

Lowe 44

Marsh

Salva

Wildberger

 

 

 

            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.

 

            Representative Muschany assumed the Chair.

 

 


BILLS CARRYING REQUEST MESSAGES

 

            HCS SCS SB 64, as amended, relating to elementary and secondary education, was taken up by Representative Wallace.

 

            Representative Wallace moved that the House refuse to recede from its position on HCS SCS SB 64, as amended, and grant the Senate a conference.

 

            Which motion was adopted.

 

            HCS SB 81, as amended, relating to tourism and economic development, was taken up by Representative Schlottach.

 

            Representative Schlottach moved that the House refuse to recede from its position on HCS SB 81, as amended, and grant the Senate a conference.

 

            Which motion was adopted.

 

            HCS SCS SB 198, relating to the use of lands, was taken up by Representative Pollock.

 

            Representative Pollock moved that the House refuse to recede from its position on HCS SCS SB 198, and grant the Senate a conference.

 

            Which motion was adopted.

 

             HCS SB 25, as amended, relating to child abuse investigations, was taken up by Representative Franz.

 

            Representative Franz moved that the House refuse to recede from its position on HCS SB 25, as amended, and grant the Senate a conference.

 

            Which motion was adopted.

 

THIRD READING OF SENATE BILLS - CONSENT

 

            HCS SCS SB 272, relating to professional registration, was taken up by Representative

 

Wasson.

 

            On motion of Representative Wasson, HCS SCS SB 272 was read the third time and passed by the following vote:

 

AYES: 156

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Bowman

Brown 30

Brown 50

Funderburk

Harris 23

Richard

Wildberger

 

 

 

 

            Representative Muschany declared the bill passed.

 

            SB 407, relating to public water supply districts, was taken up by Representative Deeken.

 

            On motion of Representative Deeken, SB 407 was truly agreed to and finally passed by the following vote:

 

AYES: 158

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Brown 30

Funderburk

Harris 23

Richard

Wildberger

 

            Representative Muschany declared the bill passed.

 

            Representative Nieves assumed the Chair.

 

             HCS SB 322, relating to construction-related activities, was taken up by Representative Cooper (158).

 

            On motion of Representative Cooper (158), HCS SB 322 was read the third time and passed by the following vote:

 

AYES: 112

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Bivins

Bowman

Brandom

Brown 50

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

Grill

Grisamore

Guest

Haywood

Hobbs

Hoskins

Hubbard

Hughes

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Lembke

Liese

Lipke

Loehner

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Rucker

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Talboy

Thomson

Tilley

Viebrock

Wallace

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 044

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bringer

Burnett

Casey

Curls

Darrough

Daus

Dethrow

Donnelly

Frame

George

Harris 23

Harris 110

Hodges

Holsman

Johnson

Kuessner

Lampe

LeVota

Lowe 44

McClanahan

Meadows

Norr

Oxford

Quinn 9

Robinson

Roorda

Salva

Scavuzzo

Schoemehl

Shively

Skaggs

Sutherland

Threlkeld

Todd

Villa

Vogt

Walsh

Walton

Whorton

Witte

Wright-Jones

Yaeger

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Swinger

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006

 

 

 

 

 

 

Brown 30

Bruns

Funderburk

Low 39

Wasson

Wildberger

 

 

 

 

 

            Representative Nieves declared the bill passed.

 

            HCS SB 166, relating to tourism, was taken up by Representative Wood.

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 091

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 068

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Brown 30

Bruns

Funderburk

Wildberger

 

 

            On motion of Representative Wood, HCS SB 166 was read the third time and passed by the following vote:

 

AYES: 113

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Bivins

Brandom

Brown 50

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Franz

Grill

Grisamore

Guest

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Kratky

Lembke

Liese

Lipke

Loehner

Lowe 44

Marsh

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Robinson

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Young

Mr Speaker

 

 

 

 

 

 

 

NOES: 046

 

 

 

 

 

 

 

 

 

Baker 25

Bland

Bowman

Bringer

Burnett

Casey

Corcoran

Cunningham 86

Curls

Donnelly

Dusenberg

Fallert

Flook

Frame

George

Harris 23

Harris 110

Hodges

Holsman

Hughes

Komo

Kraus

Kuessner

Lampe

LeVota

Low 39

McClanahan

Meadows

Nasheed

Norr

Oxford

Page

Quinn 9

Roorda

Schoemehl

Shively

Skaggs

Storch

Swinger

Talboy

Todd

Vogt

Yaeger

Yates

Zimmerman

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Brown 30

Bruns

Funderburk

Wildberger

 

 

            Representative Nieves declared the bill passed.

 

            HCS SB 270, relating to peace officer standards and training, was taken up by Representative Jones (117).

 

            Representative Dempsey moved the previous question.

 

            Which motion was adopted by the following vote:

 

AYES: 088

 

 

 

 

 

 

 

 

 

Avery

Baker 123

Bearden

Bivins

Brandom

Cooper 120

Cooper 158

Cox

Cunningham 145

Cunningham 86

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dusenberg

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Marsh

May

McGhee

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Wallace

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Yates

Mr Speaker

 

 

 

 

 

 

 

NOES: 070

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Bland

Bowman

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Corcoran

Curls

Darrough

Daus

Donnelly

Dougherty

El-Amin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hoskins

Hubbard

Hughes

Johnson

Komo

Kratky

Kuessner

Lampe

LeVota

Liese

Low 39

Lowe 44

McClanahan

Meadows

Meiners

Nasheed

Norr

Oxford

Page

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Villa

Vogt

Walsh

Walton

Whorton

Witte

Wright-Jones

Yaeger

Young

Zimmerman

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Brown 30

Bruns

Cooper 155

Funderburk

Wildberger

 

            On motion of Representative Jones (117), HCS SB 270 was read the third time and passed by the following vote:

 

AYES: 157

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005

 

 

 

 

 

 

Brown 30

Bruns

Cooper 155

Funderburk

Wildberger

            Representative Nieves declared the bill passed.

 

            Speaker Jetton resumed the Chair.

 

SIGNING OF SENATE BILL

 

            All other business of the House was suspended while CCS HCS SB 376 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

 

            Representative Nieves resumed the Chair.

 

THIRD READING OF SENATE BILLS - CONSENT

 

            HCS SCS SB 288, SB 152 & SCS SB 115, relating to land conveyances, was taken up by Representative Robinson.

 

            On motion of Representative Robinson, HCS SCS SB 288, SB 152 & SCS SB 115 was read the third time and passed by the following vote:

 

AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Baker 123

Brown 30

Bruns

Cooper 155

Funderburk

Schaaf

Wildberger

 

 

 

 

            Representative Nieves declared the bill passed.

 

            The emergency clause was adopted by the following vote:

 

AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

George

Talboy

Whorton

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Brown 30

Bruns

Cooper 155

Funderburk

Meadows

Wasson

Wildberger

 

 

 

 

            SB 298, relating to hospital district directors, was taken up by Representative Schaaf.

 

            On motion of Representative Schaaf, SB 298 was truly agreed to and finally passed by the following vote:

 

AYES: 159

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Skaggs

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 003

 

 

 

 

 

 

Brown 30

Funderburk

Wildberger

 

 

 

            Representative Nieves declared the bill passed.

 

            SCS SB 397, relating to long-term care facilities licensure, was taken up by Representative Schaaf.

 

            On motion of Representative Schaaf, SCS SB 397 was truly agreed to and finally passed by the following vote:

 

AYES: 159

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hoskins

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Brown 30

Funderburk

Lowe 44

Wildberger

 

 

            Representative Nieves declared the bill passed.

 

            HCS SB 127, relating to the Department of Transportation and Highway Patrol Retirement System, was taken up by Representative Schlottach.

 

 


            On motion of Representative Schlottach, HCS SB 127 was read the third time and passed by the following vote:

 

AYES: 149

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Marsh

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schoeller

Schoemehl

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 005

 

 

 

 

 

 

 

 

 

Burnett

Hughes

Low 39

Oxford

Skaggs

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Brown 30

Fallert

Funderburk

Hoskins

Lowe 44

Meadows

Schneider

Wasson

Wildberger

 

 

            Representative Nieves declared the bill passed.

 

            SB 172, relating to the Kansas City Police Retirement System, was taken up by Representative Flook.

 

 


            On motion of Representative Flook, SB 172 was truly agreed to and finally passed by the following vote:

 

AYES: 159

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Brown 30

Funderburk

Hoskins

Wildberger

 

 

            Representative Nieves declared the bill passed.

 

MESSAGES FROM THE SENATE

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to adopt the CCR on SS SCS HCS HB 327, as amended, and requests the House grant further conference.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 576.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 791, entitled:

 

            An act to amend chapter 376, RSMo, by adding thereto one new section relating to the provision of certain claims information by health carriers.

 

            In which the concurrence of the House is respectfully requested.

 

BILL CARRYING REQUEST MESSAGE

 

            CCS SS SCS HCS HB 327, as amended, relating to job development, was taken up by Representative Richard.

 

            Representative Richard moved that the House refuse to grant the Senate a further conference on SS SCS HCS HB 327, as amended, and request the Senate to take up and adopt the Conference Committee Report on SS SCS HCS HB 327, as amended, and Third Read and Finally Pass CCS SS SCS HCS HB 327.

 

            Which motion was adopted by the following vote:

 

AYES: 155

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

Marsh

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Daus

Nasheed

Oxford

Vogt

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 004

 

 

 

 

 

 

Brown 30

Funderburk

Hoskins

Wildberger

 

 

            On motion of Representative Dempsey, the House recessed until 8:00 p.m.

 

EVENING SESSION

 

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

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

            House Resolution No. 2975 through House Resolution No. 3106

 

THIRD READING OF SENATE BILL

 

            HCS SCS SB 82, relating to motor vehicles, was taken up by Representative Tilley.

 

            HCS SCS SB 82 was laid over.

 

HOUSE BILLS WITH SENATE AMENDMENTS

 

            HCS HB 616, with Senate Amendment No. 1, relating to county boards of equalization, was taken up by Representative Wood.

 

            On motion of Representative Wood, the House concurred in Senate Amendment No. 1 by the following vote:

 

AYES: 140

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bearden

Bivins

Brandom

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Hodges

Holsman

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Bringer

Wallace

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 021

 

 

 

 

 

 

Avery

Bland

Bowman

Brown 30

Cooper 120

Corcoran

Curls

El-Amin

Funderburk

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Kratky

Marsh

Meiners

Page

Vogt

Wildberger

Young

 

 

 

 

 

            On motion of Representative Wood, HCS HB 616, as amended, was truly agreed to and finally passed by the following vote:

 

AYES: 140

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Brandom

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Hodges

Holsman

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Roorda

Rucker

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Bringer

Wallace

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 021

 

 

 

 

 

 

Bland

Bowman

Brown 30

Cooper 120

Corcoran

Curls

El-Amin

Funderburk

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Kratky

Marsh

Meiners

Robinson

Salva

Vogt

Wildberger

Young

 

 

 

 

 

            Speaker Jetton declared the bill passed.

 

            Representative Muschany resumed the Chair.

 

            HB 56, with Senate Amendment No. 1, relating to a memorial bridge and memorial highways, was taken up by Representative Sater.

 

            On motion of Representative Sater, the House concurred in Senate Amendment No. 1 by the following vote:

 

AYES: 126

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Franz

George

Grill

Grisamore

Guest

Harris 23

Haywood

Hodges

Holsman

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Lampe

Lembke

LeVota

Liese

Loehner

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Pearce

Portwood

Pratt

Quinn 9

Richard

Robb

Robinson

Roorda

Ruestman

Ruzicka

Salva

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Walsh

Walton

Wasson

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 023

 

 

 

 

 

 

 

 

 

Burnett

Cooper 120

Daus

Frame

Harris 110

Kuessner

Low 39

Lowe 44

Meadows

Parson

Pollock

Quinn 7

Rucker

Sander

Schoemehl

Skaggs

Spreng

Talboy

Vogt

Wallace

Wells

Whorton

Yaeger

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Bowman

Brown 30

Curls

Dougherty

El-Amin

Funderburk

Hobbs

Hoskins

Hubbard

Kratky

Lipke

Marsh

Wildberger

Wright 159

 

 

            On motion of Representative Sater, HB 56, as amended, was truly agreed to and finally passed by the following vote:

 

AYES: 127

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Bearden

Bivins

Brandom

Bringer

Brown 50

Bruns

Casey

Chappelle-Nadal

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Davis

Day

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Haywood

Hodges

Holsman

Hughes

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Loehner

Lowe 44

May

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Pearce

Portwood

Pratt

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sater

Scavuzzo

Schaaf

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Walsh

Walton

Wasson

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 019

 

 

 

 

 

 

 

 

 

Baker 123

Burnett

Cooper 120

Daus

Ervin

Harris 110

Hunter

Low 39

Parson

Pollock

Quinn 7

Sander

Schoemehl

Skaggs

Spreng

Talboy

Vogt

Wallace

Wells

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 017

 

 

 

 

 

 

Bland

Bowman

Brown 30

Curls

Denison

El-Amin

Funderburk

Hobbs

Hoskins

Hubbard

Kratky

Lipke

Marsh

McClanahan

Schad

Whorton

Wildberger

 

 

 

 

            Representative Muschany declared the bill passed.

 

PERFECTION OF HOUSE BILL

 

            HB 758, relating to a credit for school student employers, was taken up by Representative Brown (50).

 

            Representative Dixon assumed the Chair.

 

            On motion of Representative Brown (50), HB 758 was ordered perfected and printed.

 

HOUSE BILL WITH SENATE AMENDMENTS

 

            SCS HB 684, as amended, relating to conveyances of property, was taken up by Representative Bruns.

 

            On motion of Representative Bruns, SCS HB 684, as amended, was adopted by the following vote:

 

AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 010

 

 

 

 

 

 

Bowman

Brown 30

El-Amin

Funderburk

Hobbs

Hoskins

Hubbard

Kratky

Marsh

Wildberger

 

            On motion of Representative Bruns, SCS HB 684, as amended, was truly agreed to and finally passed by the following vote:

 

AYES: 149

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Guest

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 001

 

 

 

 

 

 

 

 

 

Talboy

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Bowman

Brown 30

Burnett

El-Amin

Funderburk

Grisamore

Hobbs

Hoskins

Hubbard

Kingery

Kratky

Marsh

Wildberger

 

 

 

            Representative Dixon declared the bill passed.

 

            The emergency clause was adopted by the following vote:

 

AYES: 148

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Chappelle-Nadal

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Whorton

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

 

 

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

George

Talboy

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 013

 

 

 

 

 

 

Bowman

Brown 30

El-Amin

Funderburk

Hobbs

Hoskins

Hubbard

Kratky

Marsh

Norr

Sutherland

Wildberger

Mr Speaker

 

 

 

 


THIRD READING OF SENATE BILL

 

            HCS SB 84, relating to the placement of children, was taken up by Representative Franz.

 

            Representative Franz offered House Amendment No. 1.

 

House Amendment No. 1

 

AMEND House Committee Substitute for Senate Bill No. 84, Page 4, Section 210.487, Line 42, by inserting after all of said line the following:

 

              "210.570. This interstate compact for juveniles is entered with all jurisdictions legally joining the compact in the form substantially as follows:

 

THE INTERSTATE COMPACT FOR JUVENILES

 

ARTICLE I

 

PURPOSE

 

              The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

              It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

 

ARTICLE II

 

DEFINITIONS

 

              As used in this compact, unless the context clearly requires a different construction:

              A. "Bylaws" means: those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.

              B. "Compact Administrator" means: the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

              C. "Compacting State" means: any state which has enacted the enabling legislation for this compact.

              D. "Commissioner" means: the voting representative of each compacting state appointed pursuant to Article III of this compact.

              E. "Court" means: any court having jurisdiction over delinquent, neglected, or dependent children.

              F. "Deputy Compact Administrator" means: the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

              G. "Interstate Commission" means: the Interstate Commission for Juveniles created by Article III of this compact.

              H. "Juvenile" means: any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:

              (1) Accused Delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;

              (2) Adjudicated Delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

              (3) Accused Status Offender - a person charged with an offense that would not be a criminal offense if committed by an adult;

              (4) Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and

              (5) Non-Offender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

              I. "Non-Compacting state" means: any state which has not enacted the enabling legislation for this compact.

              J. "Probation or Parole" means: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

              K. "Rule" means: a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.

              L. "State" means: a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

 

 


ARTICLE III

 

INTERSTATE COMMISSION FOR JUVENILES

 

              A. The compacting states hereby create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

              B. The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder. The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.

              C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations. Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members. The Interstate Commission may provide in its bylaws for such additional ex-officio (non-voting) members, including members of other national organizations, in such numbers as shall be determined by the commission.

              D. Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

              E. The commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

              F. The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the bylaws.

              G. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

              H. The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

              I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

              1. Relate solely to the Interstate Commission's internal personnel practices and procedures;

              2. Disclose matters specifically exempted from disclosure by statute;

              3. Disclose trade secrets or commercial or financial information which is privileged or confidential;

              4. Involve accusing any person of a crime, or formally censuring any person;

              5. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

              6. Disclose investigative records compiled for law enforcement purposes;

              7. Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

              8. Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

              9. Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.

              J. For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.

              K. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements. Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

 

ARTICLE IV

 

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

 

              The commission shall have the following powers and duties:

              1. To provide for dispute resolution among compacting states.

              2. To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

              3. To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.

              4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

              5. To establish and maintain offices which shall be located within one or more of the compacting states.

              6. To purchase and maintain insurance and bonds.

              7. To borrow, accept, hire or contract for services of personnel.

              8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

              9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.

              10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

              11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

              12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

              13. To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.

              14. To sue and be sued.

              15. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

              16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

              17. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

              18. To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.

              19. To establish uniform standards of the reporting, collecting and exchanging of data.

              20. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

 

ARTICLE V

 

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

 

              Section A. Bylaws

              1. The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

              a. Establishing the fiscal year of the Interstate Commission;

              b. Establishing an executive committee and such other committees as may be necessary;

              c. Provide for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;

              d. Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

              e. Establishing the titles and responsibilities of the officers of the Interstate Commission;

              f. Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

              g. Providing "start-up" rules for initial administration of the compact; and

              h. Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

              Section B. Officers and Staff

              1. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

              2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.

              Section C. Qualified Immunity, Defense and Indemnification

              1. The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

              2. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

              3. The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

              4. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

 

ARTICLE VI

 

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

 

              A. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

              B. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.

              C. When promulgating a rule, the Interstate Commission shall, at a minimum:

              1. publish the proposed rule's entire text stating the reason(s) for that proposed rule;

              2. allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available;

              3. provide an opportunity for an informal hearing if petitioned by ten (10) or more persons; and

              4. promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.

              D. Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

              E. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

              F. The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.

              G. Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety (90) days after the effective date of the emergency rule.

 

ARTICLE VII

 

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

 

BY THE INTERSTATE COMMISSION

 

              Section A. Oversight

              1. The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.

              2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

              Section B. Dispute Resolution

              1. The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

              2. The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

              3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.

 

ARTICLE VIII

 

FINANCE

 

              A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

              B. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

              C. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

              D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

 

ARTICLE IX

 

THE STATE COUNCIL

 

              Each member state shall create a State Council for Interstate Juvenile Supervision. While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee. Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator. Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.

 

ARTICLE X

 

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

 

              A. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.

              B. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.

              C. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

 

ARTICLE XI

 

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

 

              Section A. Withdrawal

              1. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

              2. The effective date of withdrawal is the effective date of the repeal.

              3. The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

              4. The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

              5. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

              Section B. Technical Assistance, Fines, Suspension, Termination and Default

              1. If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

              a. Remedial training and technical assistance as directed by the Interstate Commission;

              b. Alternative Dispute Resolution;

              c. Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and

              d. Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the Majority and Minority leaders of the defaulting state's legislature, and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.

              2. Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority and Minority Leaders of the defaulting state's legislature, and the state council of such termination.

              3. The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

              4. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

              5. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

              Section C. Judicial Enforcement

              The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.

              Section D. Dissolution of Compact

              1. The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.

              2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

 

 


ARTICLE XII

 

SEVERABILITY AND CONSTRUCTION

 

              A. The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

              B. The provisions of this compact shall be liberally construed to effectuate its purposes.

 

ARTICLE XIII

 

BINDING EFFECT OF COMPACT AND OTHER LAWS

 

              Section A. Other Laws

              1. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

              2. All compacting states' laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

              Section B. Binding Effect of the Compact

              1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

              2. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

              3. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

              4. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

 

              210.580. The compact shall become binding upon the state of Missouri [when signed by the commissioners as herein provided and by the proper authorities of any other state entering into the compact] upon legislative enactment of the compact into law by no less than thirty-five of the states. The initial effective date shall be the later of August 28, 2007, or upon enactment into law by the thirty-fifth jurisdiction. Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state."; and

 

              Further amend said bill, Page 35, Section 453.011, Line 25, by inserting after all of said line the following:

 

"[210.570. Within sixty days after sections 210.570 to 210.600 become effective, the governor, by and with the advice and consent of the senate, shall appoint three commissioners to enter into a compact on behalf of the state of Missouri with other states. If the senate is not in session at the time for making such appointments, the governor shall make temporary appointments as in the case of a vacancy. Any two of the commissioners so appointed together with the attorney general of the state of Missouri may act to enter into the following compact:

 

INTERSTATE COMPACT ON JUVENILES

 

The contracting states solemnly agree:

ARTICLE I

 

That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others. The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively. In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally. It shall be the policy of the states party to this compact to cooperative and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.

 

ARTICLE II

 

That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.

 

ARTICLE III

 

That, for the purposes of this compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; "probation or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto; "court" means any court having jurisdiction over delinquent, neglected or dependent children; "state" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.

 

ARTICLE IV

 

(a) That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return. The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor. The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees. Such further affidavits and other documents as may be deemed proper may be submitted with such petition. The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state. If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile. Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned. In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding. The requisition shall in every case be executed in duplicate and shall be signed by the judge. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court. Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile. Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder. No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state. If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

(c) That "juvenile" as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.

ARTICLE V

 

(a) That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile. Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made. The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned. Such further affidavits and other documents as may be deemed proper may be submitted with such requisition. One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court. Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile. Such detention order must substantially recite the facts necessary to the validity of the issuance hereunder. No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him. If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him. The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.

Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition. But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this Article. If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference. Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.

(b) That the state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.

 

ARTICLE VI

 

That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away. Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state. Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact. When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent. The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.

 

ARTICLE VII

 

(a) That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state. Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary. The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact. A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.

(b) That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.

(c) That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole. For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned. The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency. The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.

(d) That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.

 

ARTICLE VIII

 

(a) That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.

 

ARTICLE IX

 

That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.

 

ARTICLE X

 

That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation. Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement. Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.

ARTICLE XI

 

That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.

 

ARTICLE XII

 

That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.

 

ARTICLE XIII

 

That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing. When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.

 

ARTICLE XIV

 

That this compact shall continue in force and remain binding upon each executing state until renounced by it. Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto. The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged. Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present Article.

 

ARTICLE XV

 

That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.]

 

[210.595. The term "delinquent juvenile" as used in the interstate compact on juveniles includes those persons subject to the jurisdiction of the juvenile court within the meaning of subdivisions (1) and (2) of section 211.031, RSMo.]

 

[210.600. The commission shall have power to apply to the Congress of the United States for its consent and approval of the compact; but in the absence of such consent of Congress and until the same shall have been secured, the compact shall be binding upon the state of Missouri in all respects permitted by law for the signatory states without the consent of Congress to cooperate, for the purposes enumerated in the compact, and in the manner provided therein.]

 

[210.610. 1. This section shall provide remedies, and shall be binding only as among and between those party states which specifically adopt a similar section.

2. All provisions and procedures of article V and article VI of section 210.570 shall be construed to apply to any juvenile charged with being a delinquent by reason of violating any criminal law which constitutes a felony. Any juvenile charged with being a delinquent by reason of violating any criminal law which constitutes a felony shall be returned to the requesting state upon a requisition to the state where the juvenile may be found. A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed. The petition may be filed regardless of whether the juvenile has left the requesting state before or after the filing of the petition. The requisition described in article V of section 210.570 shall be forwarded by the judge of the court in which the petition has been filed.]"; and

 

              Further amend the title and enacting clause accordingly.

 

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

 

            Representative Cox offered House Amendment No. 2.

 

 


House Amendment No. 2

 

AMEND House Committee Substitute for Senate Bill No. 84, Section 210.762, Page 27, by inserting after all of said section the following:

 

              "210.1012. 1. There is hereby created a statewide program called the "Amber Alert System" referred to in this section as the "system" to aid in the identification and location of an abducted [persons] child.

              2. For the purposes of this section, "abducted [person] child" means a [person] child whose whereabouts are unknown and who is:

              (1) Less than eighteen years of age and reasonably believed to be the victim of the crime of kidnaping as defined by section 565.110, RSMo, as determined by local law enforcement;

              (2) Reasonably believed to be the victim of the crime of child kidnaping as defined by section 565.115, RSMo, as determined by local law enforcement; or

              (3) Less than eighteen years of age and at least fourteen years of age and who, if under the age of fourteen, would otherwise be reasonably believed to be a victim of child kidnaping as defined by section 565.115, RSMo, as determined by local law enforcement.

              3. The department of public safety shall develop regions to provide the system. The department of public safety shall coordinate local law enforcement agencies and public commercial television and radio broadcasters to provide an effective system. In the event that a local law enforcement agency opts not to set up a system and an abduction occurs within the jurisdiction, it shall notify the department of public safety who will notify local media in the region.

              4. The Amber alert system shall include all state agencies capable of providing urgent and timely information to the public together with broadcasters and other private entities that volunteer to participate in the dissemination of urgent public information. At a minimum, the Amber alert system shall include the department of public safety, highway patrol, department of transportation, department of health and senior services, and Missouri lottery.

              5. The department of public safety shall have the authority to notify other regions upon verification that the criteria established by the oversight committee has been met.

              6. Participation in an Amber alert system is entirely at the option of local law enforcement agencies and federally licensed radio and television broadcasters.

              7. Any person who knowingly makes a false report that triggers an alert pursuant to this section is guilty of a class A misdemeanor.

 

              650.025. 1. There is hereby created an advisory system, referred to in this section as the "system", to

aid in the identification and location of missing endangered persons.

              2. For the purposes of this section, "missing endangered person" means a person whose whereabouts are unknown and who is:

              (1) Physically or mentally disabled to the degree that the person is dependent upon an agency or another individual;

              (2) Missing under circumstances indicating that the missing person's safety may be in danger; or

              (3) Missing under involuntary or unknown circumstances.

              3. The department of public safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories. 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."; and

 

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

 

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

 

            Representative Dusenberg offered House Amendment No. 3.

 

House Amendment No. 3

 

AMEND House Committee Substitute for Senate Bill No. 84, Section A, Page 1, by inserting immediately after said section the following:

 

              "43.010. As used in this chapter, the following terms shall have the meanings indicated:

              (1) ["Commission", the Missouri state highways and transportation commission;

              (2)] "Members of the patrol", the superintendent, lieutenant colonel, majors, captains, director of radio, lieutenants, sergeants, corporals, and patrolmen of the Missouri state highway patrol;

              [(3)] (2) "MULES", Missouri uniform law enforcement system, a statewide-computerized communications system provided by the patrol designed to provide services, information, and capabilities to the law enforcement and criminal justice community in the state of Missouri;

              [(4)] (3) "Patrol", the Missouri state highway patrol;

              [(5)] (4) "Peace officers", sheriffs, police officers and other peace officers of this state;

              [(6)] (5) "Radio personnel", those employees of the patrol engaged in the construction, operation, and maintenance of the patrol radio system.

 

              43.030. 1. The superintendent of the Missouri state highway patrol shall be appointed from the uniformed membership or a retired member of the patrol by the governor by and with the advice and consent of the senate. The superintendent shall hold office at the pleasure of the governor. The superintendent shall be a citizen of the United States and a resident taxpaying citizen of this state for a period of three years previous to being appointed as superintendent and shall be at least thirty years of age. The superintendent shall maintain an office [and reside] in Jefferson City.

              2. The superintendent of the Missouri state highway patrol shall:

              (1) Have command of the patrol and perform all duties imposed on the superintendent and exercise all of the powers and authority conferred upon the superintendent by the provisions of this chapter and the requirements of chapter 650, RSMo;

              (2) Within available appropriations, establish an equitable pay plan for the members of the highway patrol and radio personnel taking into consideration ranks and length of service.

 

              43.050. 1. The superintendent may appoint not more than twenty-five captains and one director of radio, each of whom shall have the same qualifications as the superintendent, nor more than sixty lieutenants, and such additional force of sergeants, corporals and patrolmen, so that the total number of members of the patrol shall not exceed nine hundred sixty-five officers and patrolmen and such numbers of radio personnel as the superintendent deems necessary.               2. In case of a national emergency the superintendent may name additional patrolmen and radio personnel in a number sufficient to replace, temporarily, patrolmen and radio personnel called into military services.

              3. The superintendent may enter into an agreement with the Missouri gaming commission to enforce any law, rule, or regulation, conduct background investigations authorized under the laws of this state, and enforce the regulations of licensed gaming activities governed by chapter 313, RSMo. A notice of either party to terminate or modify the provisions of such agreement shall be in writing and executed not less than one year from the effective date of the termination or modification, unless mutually agreed upon by the superintendent and the Missouri gaming commission. Members of the patrol hired in conjunction with any agreement with the Missouri gaming commission shall not be subject to the personnel cap referenced in subsection 1 of this section. If such agreement is subsequently terminated or modified to reduce the number of personnel used in such agreement, those members affected by such termination or modification shall not be subject to the personnel cap referenced in subsection 1 of this section for a period of [three] five years.

              4. [Members] Member positions of the patrol [hired] originally acquired in conjunction with the community-oriented policing services federal grant or members assigned to fulfill the duties established in sections 43.350 to 43.380 shall not be subject to the personnel cap referenced in subsection 1 of this section.

              5. Applicants shall not be discriminated against because of race, creed, color, national origin or sex.

 

              43.090. [The board of public buildings shall provide suitable offices for general headquarters at Jefferson City, Missouri, which shall at all times be open and in charge of the superintendent, or some member of the patrol designated by him.] The superintendent[, with the consent and approval of the commission,] shall employ such clerical force, radio operators, and other subordinates, and shall provide such office equipment, stationery, postage supplies, [telegraph] communication and telephone facilities as he or she shall deem necessary for general headquarters at Jefferson City, Missouri, and shall also provide offices, equipment, stationery, postage, clerical force, and other subordinates for the headquarters of each [district] troop or division of the patrol. The state highway patrol [radio network] communications division shall be under the control of and at the service of the superintendent for such regular and emergency [bulletins] communications, and service as the superintendent may require [from time to time].

 

              43.120. 1. The superintendent shall prescribe rules for instruction and discipline and make all administrative rules and regulations and fix the hours of duty for the members of the patrol. The superintendent shall divide the state into [districts] troops and assign members of the patrol to such [districts] troops in the manner as deemed proper to carry out the purposes of this chapter. The superintendent may call members of the patrol from one [district] troop to another.               2. The superintendent shall appoint the lieutenant colonel and five majors from within the membership. Such individuals shall serve at the superintendent's pleasure and shall return to their previously held rank after being relieved of their position duties by the present or incoming superintendent. The superintendent shall classify and rank through promotions the majors, the director of radio, captains, lieutenants, sergeants, corporals, patrolmen, and radio personnel from the next lower grade after not less than one year of service satisfactorily performed therein.

              3. In case of the absence of the superintendent, or at the time the superintendent designates, the lieutenant colonel shall assume the duties of the superintendent. In the absence of both the superintendent and the lieutenant colonel, a major shall be designated by the superintendent or by the lieutenant colonel. In case of the disability of the superintendent and the lieutenant colonel, the governor may designate a major as acting superintendent and when so designated, the acting superintendent shall have all the powers and duties of the superintendent.

              4. The superintendent shall collect, compile and keep available for the use of peace officers of the state the information as is deemed necessary for the detection of crime and identification of criminals. The superintendent shall have the authority to direct members and other employees of the patrol to carry out any public safety duty or service authorized or appropriated by the general assembly.

              5. The superintendent is responsible for establishing policy, procedures, and regulations in cooperation with the law enforcement and criminal justice community in protecting the integrity of the MULES system. The superintendent shall be responsible for the administration and enforcement of all MULES policies and regulations consistent with state and federal rules, policy, and law by which the MULES system operates.

              [6. Within ninety days after the close of each fiscal year, the superintendent shall make to the governor and the commission a report of the activities of the patrol and the cost thereof for the fiscal period.]

 

              43.220. Neither the governor[, the commission,] nor the superintendent shall have any power, right or authority to command, order or direct any member of the patrol to perform any duty or service not authorized [by this chapter] under state statute.

 

              43.530. 1. For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than [five] nine dollars per request for criminal history record information not based on a fingerprint search [when the requesting entity is required to obtain such information by any provision of state or federal law and pay a fee of not more than fourteen dollars per request for criminal history record information based on a fingerprint search when the requesting entity is required to obtain such information by any provision of state or federal law; provided that, when the requesting entity is not required to obtain such information by law, the requesting entity shall pay a fee of not more than ten dollars per request for criminal history record information not based on a fingerprint search and] . In each year beginning on or after January 1, 2010, the superintendent may increase the fee paid by requesting entities by an amount not to exceed one dollar per year, however, under no circumstance shall the fee paid by requesting entities exceed fifteen dollars per request.

              2. For each request requiring the payment of a fee received by the central repository, the requesting entity shall pay a fee of not more than twenty dollars per request for criminal history record information based on a fingerprint search[. Each such] , unless the request is required under the provisions of subdivision (6) of section 210.481, RSMo, section 210.487, RSMo, or section 571.101, RSMo, in which case, the fee shall be fourteen dollars.

              3. A request made under subsections 1 and 2 of this section shall be limited to check and search on one individual. Each request shall be accompanied by a check, warrant, voucher, money order, or electronic payment payable to the state of Missouri-criminal record system or payment shall be made in a manner approved by the highway patrol. The highway patrol may establish procedures for receiving requests for criminal history record information for classification and search for fingerprints, from courts and other entities, and for the payment of such requests. There is hereby established by the treasurer of the state of Missouri a fund to be entitled as the "Criminal Record System Fund". Notwithstanding the provisions of section 33.080, RSMo, to the contrary, if the moneys collected and deposited into this fund are not totally expended annually for the purposes set forth in sections 43.500 to 43.543, the unexpended moneys in such fund shall remain in the fund and the balance shall be kept in the fund to accumulate from year to year.

 

              43.546. 1. Any state agency, board, or commission may require the fingerprinting of applicants in specified occupations or appointments within the state agency, board, or commission for the purpose of positive identification and receiving criminal history record information when determining an applicant's ability or fitness to serve in such occupation or appointment.

              2. In order to facilitate the criminal background check under subsection 1 of this section on any person employed or appointed by a state agency, board, or commission, and in accordance with section 43.543, the applicant or employee shall submit a set of fingerprints collected under the standards determined by the Missouri highway patrol. The fingerprints and accompanying fees, unless otherwise arranged, shall be forwarded to the highway patrol to be used to search the state criminal history repository and the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal background check. Notwithstanding the provisions of section 610.120, RSMo, all records related to any criminal history information discovered shall be accessible and available to the state agency making the request.

 

              43.547. 1. The Missouri state highway patrol, at the direction of the governor, shall conduct name or fingerprint background investigations of gubernatorial appointees. The governor's directive shall state whether the background investigation shall be a name background investigation or a fingerprint background investigation. In addition, the patrol may, at the governor's direction, conduct other appropriate investigations to determine if an applicant or appointee is in compliance with section 105.262, RSMo, and other necessary inquiries to determine the person's suitability for positions of public trust.

              2. In order to facilitate the fingerprint background investigation under subsection 1 of this section, and in accordance with the provisions of section 43.543, the appointee shall submit a set of fingerprints collected under the standards determined by the Missouri highway patrol. The fingerprints and accompanying fees, unless otherwise arranged, shall be forwarded to the highway patrol to be used to search the state criminal history repository and the fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal background check. Any background investigation conducted at the direction of the governor under subsection 1 of this section may include criminal history record information and other source information obtained by the highway patrol."; and

 

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

 

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

 

House Amendment No. 1

to

House Amendment No. 3

 

AMEND House Amendment No. 3 to House Committee Substitute for Senate Bill No. 84, Page 3, Section 43.090, Line 11, by inserting after the word "force" the following:

 

              "communication, telephone".

 

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

 

            On motion of Representative Dusenberg, House Amendment No. 3, as amended, was adopted.

 

            Representative Muschany offered House Amendment No. 4.

 

House Amendment No. 4

 

AMEND House Committee Substitute for Senate Bill No. 84, Page 27, Section 210.762, Line 28, by adding after all of said line the following:

 

              "210.1050. 1. The educational needs of each child under the jurisdiction of the juvenile court or family court under subdivisions (1), (2), or (5) of subsection 1 of section 211.031, RSMo, shall be considered as part of the function of the child's family support team pursuant to policy of the department of social services. Such needs shall include, but not be limited to, the assumption that regular full school days of education are warranted. For the purposes of this section, "full school day" shall mean six hours in which the child is under the guidance and direction of teachers in the education process. The local school district shall be invited to have representation on the child's family support team. If the school district designates a representative, the representative shall be a full participant in the family support team.

              2. Nothing in this section shall be construed to infringe upon the rights or due process provisions of the federal Individuals with Disabilities Education Act. Nothing in this section shall be construed to impede the ability of the family support team or the facility staff from making a referral for special education services, if appropriate, when a child is placed in a facility described in this section without an individualized education program or without a pending referral for such services. If a child is referred for such services, the provisions of the Individuals with Disabilities Education Act shall apply and control while the referral is pending and through the evaluation process, including provisions for educational decision-makers and educational surrogates. Nothing in this section shall be construed to deny any child domiciled in Missouri appropriate and necessary free public education services.

              3. When the department of social services by contract places a child for treatment in a licensed residential care facility setting for children as defined in section 210.481, such facility shall be responsible for the educational needs of the child if the child at the time of placement does not have an individualized education program or a pending referral for special education services under sections 162.670 to 162.999, RSMo.

              (1) Such facilities operating an on-site school for which they hire their own education staff shall:

              (a) Provide, on site at such facility , a full school day of education for each child placed in such facility by the department of social services unless the child's plan of treatment and care supports his or her ability to attend public school; and

              (b) Be reimbursed by the local school district for the cost of education services provided to children placed in their care by the department of social services, as approved by the department of elementary and secondary education, when the facility provides education services. The local school district shall be compensated under section 167.126, RSMo, for such education services.

 

No child placed in the facilities for treatment described in this subdivision shall be considered by the local school district as homebound for purposes of education unless the family support team under subsection 1 of this section has approved homebound instruction. A full school day of education shall be provided unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section. Nothing in this subsection shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

              (2) When such facilities have on-site classrooms but do not hire their own education staff, the local school district:

              (a) Shall provide, on site at such facility or at an alternative location agreed upon pursuant to subsection 6 of this section, a full school day of education for each child placed in such facility for care by the department of social services unless the child's plan of treatment and care supports his or her ability to attend public school;

              (b) Shall be compensated under section 167.126, RSMo, for such education services as approved by the department of elementary and secondary education; and

              (c) May consider such education services as homebound instruction but shall provide each homebound child with a full school day of education unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section.

 

Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

              (3) When such facilities do not operate an on-site school or have on-site classrooms, the local school district shall:

              (a) Provide a full school day of education for each child placed in such facility for care by the department of social services; and

              (b) Be compensated for such education services under section 167.126, RSMo, as approved by the department of elementary and secondary education.

 

If the child's behavior or plan of treatment and care does not support the child's being educated in a regular education class, education services shall be provided in an alternative setting approved by the family support team under subsection 1 of this section. A full school day of education shall be provided unless fewer hours of instruction per day are approved by the family support team under subsection 1 of this section. Nothing in this subdivision shall create an obligation for a licensed residential care facility to have on-site classrooms, to operate an on-site school, or to hire its own education staff.

              4. Notwithstanding any other provision of law, a child placed for treatment by the department of social services in a licensed residential care facility setting for children as defined in section 210.481, RSMo, who does not have an individualized education program for special education services or a pending referral for such services under sections 162.670 to 162.999, RSMo, whose plan of treatment and care supports his or her ability to attend public school but who is then suspended or otherwise demonstrates school failure based on behavior or academic performance shall then be provided a full school day of education according to subsection 3 of this section.

              5. Nothing in this section shall prevent a licensed residential care facility setting for children as defined in section 210.481 from contracting with school districts for education services. Nothing in this section shall prevent a school district from contracting with a licensed residential care facility setting for children as defined in section 210.481 for education services.

              6. (1) Any residential treatment facility public school district shall work with the district and develop an educational plan that describes in general how and where educational services will be provided to school-aged residents of the treatment facility under a variety of possible circumstances. The educational plan shall be developed jointly by the appropriate staff of both the treatment facility and the public school district, and the plan shall be signed annually by the administration of both parties verifying their support for the plan.

              (2) It is the intent that the educational plan follow the provisions of this section, but treatment facilities and school districts may develop provisions for educational services not included in this section if both parties agree on the provisions and if the provisions offer a full-day educational program for the students involved.

              (3) It is understood as a condition of the plan that both the treatment facility and school district shall be fully reimbursed, as allowed by law in accordance with the availability of funds, for their portions of the cost of providing educational services through such sources as basic state aid, local district bill-back, and excess cost reimbursement, as well as other possible sources and that a school district shall not be required to provide more total reimbursement to a treatment facility than it receives from all such sources. The local school district shall make all needed requests and applications for such reimbursement.

              (4) Each treatment facility and school district shall furnish a signed copy of their educational plan to the department of elementary and secondary education and to the department of social services no later than June 1 of each year.

              (5) If the treatment facility and the school district cannot reach an agreement on the education plan under this subsection, the differences shall be resolved by an arbitration panel made up of one representative from the department of elementary and secondary education, one representative from the children's division of the department of social services, and one person appointed by the governor every three years, with the advice and consent of the senate, serving at the pleasure of the governor. A final decision shall be made by August 15. Costs for the arbitration panel shall be shared equally by the treatment facility and the school district."; and

 

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

 

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

 

            Representative Davis offered House Amendment No. 5.

 

            Representative Talboy raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

 

            Representative Dixon requested a parliamentary ruling.

 

            The Parliamentary Committee ruled the point of order well taken.

 

            On motion of Representative Franz, HCS SB 84, as amended, was adopted.

 

            On motion of Representative Franz, HCS SB 84, as amended, was read the third time and passed by the following vote:

 

AYES: 138

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Lembke

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 016

 

 

 

 

 

 

 

 

 

Burnett

Hughes

Johnson

Kuessner

Lampe

LeVota

Nasheed

Schoemehl

Skaggs

Swinger

Talboy

Todd

Vogt

Wallace

Whorton

Witte

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Bowman

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Kratky

Marsh

Richard

Wildberger

 

 

            Representative Dixon declared the bill passed.

 

HOUSE BILLS WITH SENATE AMENDMENTS

 

            SCS HCS HB 795, as amended, relating to local public improvements, was taken up by Representative Flook.

 

            On motion of Representative Flook, SCS HCS HB 795, as amended, was adopted by the following vote:

 

AYES: 125

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Brown 50

Bruns

Burnett

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Grill

Grisamore

Guest

Haywood

Hobbs

Hodges

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Kraus

Kuessner

Lampe

Lembke

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Oxford

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Wright-Jones

Yates

Young

Mr Speaker

 

 

 

 

 

NOES: 031

 

 

 

 

 

 

 

 

 

Baker 25

Bringer

Casey

Corcoran

Donnelly

Fallert

Frame

George

Harris 23

Harris 110

Holsman

Komo

LeVota

Liese

Meadows

Nasheed

Page

Roorda

Schieffer

Schoemehl

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Whorton

Witte

Yaeger

Zimmerman

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Kratky

Marsh

Wildberger

 

 

 

 

            On motion of Representative Flook, SCS HCS HB 795, as amended, was truly agreed to and finally passed by the following vote:

 

AYES: 111

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Brown 50

Bruns

Cooper 120

Cooper 155

Cooper 158

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Grisamore

Guest

Hobbs

Hubbard

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Kraus

Lembke

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Onder

Oxford

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Weter

Wilson 119

Wilson 130

Wood

Wright 159

Wright-Jones

Yates

Young

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 045

 

 

 

 

 

 

 

 

 

Baker 25

Bringer

Burnett

Casey

Corcoran

Donnelly

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hughes

Komo

Kuessner

Lampe

LeVota

Liese

McClanahan

Meadows

Nasheed

Norr

Page

Robinson

Roorda

Rucker

Schieffer

Schoemehl

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Vogt

Wells

Whorton

Witte

Yaeger

Zimmerman

Zweifel

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Kratky

Marsh

Wildberger

 

 

 

 

            Representative Dixon declared the bill passed.

 

            SCS HCS HB 426, relating to propane safety, was taken up by Representative Parson.

 

            On motion of Representative Parson, SCS HCS HB 426 was adopted by the following vote:

 

AYES: 152

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Cooper 120

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Cooper 158

Ervin

Lipke

Whorton

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Kratky

Marsh

Wildberger

 

 

 

 

            On motion of Representative Parson, SCS HCS HB 426 was truly agreed to and finally passed by the following vote:

 

AYES: 150

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Burnett

Casey

Cooper 120

Cooper 155

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Schoemehl

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

NOES: 005

 

 

 

 

 

 

 

 

 

Cooper 158

Davis

Ervin

Lipke

Whorton

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Brown 30

Bruns

Chappelle-Nadal

Funderburk

Hoskins

Kratky

Marsh

Wildberger

 

 

 

            SS SCS HB 740, relating to a conveyance in Johnson County, was taken up by Representative Pearce.

 

            On motion of Representative Pearce, SS SCS HB 740 was adopted by the following vote:

 

AYES: 154

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Talboy

Whorton

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Marsh

Schoemehl

Wildberger

 

 

 

 

            On motion of Representative Pearce, SS SCS HB 740 was truly agreed to and finally passed by the following vote:

 

AYES: 151

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Nasheed

Talboy

Whorton

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 009

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Cooper 120

Funderburk

Hoskins

Marsh

Schoemehl

Self

Wildberger

 

 

            Representative Dixon declared the bill passed.

 

            SS HB 205, as amended, relating to tourism supplemental revenue funds, was taken up by Representative Wood.

 

            On motion of Representative Wood, SS HB 205, as amended, was adopted by the following vote:

 

AYES: 094

 

 

 

 

 

 

 

 

 

Avery

Bearden

Bivins

Brandom

Brown 50

Bruns

Cooper 120

Cooper 155

Cox

Cunningham 145

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Emery

Faith

Fares

Fisher

Flook

Franz

Grisamore

Guest

Hobbs

Hunter

Icet

Jones 89

Jones 117

Kelly

Kingery

Kratky

Lampe

Lembke

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Nance

Nieves

Nolte

Onder

Oxford

Parson

Pearce

Pollock

Portwood

Pratt

Richard

Robb

Ruestman

Ruzicka

Sander

Sater

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wood

Wright 159

Yaeger

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Aull

Baker 25

Baker 123

Bland

Bowman

Bringer

Burnett

Casey

Cooper 158

Corcoran

Cunningham 86

Curls

Daus

Dusenberg

El-Amin

Ervin

Fallert

Frame

George

Grill

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hubbard

Hughes

Johnson

Komo

Kraus

Kuessner

LeVota

Liese

Lipke

McClanahan

Meadows

Muschany

Nasheed

Norr

Page

Quinn 7

Quinn 9

Robinson

Roorda

Rucker

Salva

Scavuzzo

Shively

Skaggs

Spreng

Stevenson

Storch

Swinger

Talboy

Todd

Vogt

Whorton

Wilson 130

Witte

Wright-Jones

Yates

Zimmerman

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Marsh

Schoemehl

Wildberger

 

 

 

 

            On motion of Representative Wood, SS HB 205, as amended, was truly agreed to and finally passed by the following vote:

 

AYES: 089

 

 

 

 

 

 

 

 

 

Aull

Avery

Bearden

Bivins

Brandom

Brown 50

Bruns

Cooper 120

Cooper 155

Cox

Cunningham 145

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Emery

Faith

Fares

Fisher

Flook

Guest

Hobbs

Icet

Jones 117

Kelly

Kingery

Kratky

Lampe

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Nance

Nieves

Nolte

Oxford

Parson

Pearce

Pollock

Portwood

Pratt

Richard

Robb

Ruestman

Ruzicka

Salva

Sander

Sater

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Silvey

Smith 14

Smith 150

Stevenson

St. Onge

Stream

Sutherland

Thomson

Threlkeld

Tilley

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Wood

Yaeger

Young

Mr Speaker

 

 

 

 

 

 

NOES: 066

 

 

 

 

 

 

 

 

 

Baker 25

Baker 123

Bland

Bowman

Bringer

Burnett

Casey

Cooper 158

Corcoran

Cunningham 86

Curls

Daus

Donnelly

Dusenberg

El-Amin

Ervin

Fallert

Frame

Franz

George

Grill

Grisamore

Harris 23

Harris 110

Haywood

Hodges

Holsman

Hubbard

Hughes

Hunter

Johnson

Jones 89

Komo

Kraus

Kuessner

LeVota

Liese

Lipke

McClanahan

Meadows

Muschany

Nasheed

Norr

Onder

Page

Quinn 7

Quinn 9

Robinson

Roorda

Rucker

Scavuzzo

Shively

Skaggs

Spreng

Storch

Swinger

Talboy

Todd

Vogt

Whorton

Witte

Wright 159

Wright-Jones

Yates

Zimmerman

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Lembke

Marsh

Schoemehl

Wildberger

 

 

 

            Representative Dixon declared the bill passed.

 

SENATE CONCURRENT RESOLUTIONS

 

            SCR 18, relating to an audit of the State Auditor, was taken up by Representative Deeken.

 

            On motion of Representative Deeken, SCR 18 was adopted by the following vote:

 

AYES: 146

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Bowman

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Darrough

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Ruestman

Ruzicka

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Skaggs

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 009

 

 

 

 

 

 

 

 

 

Curls

Daus

Low 39

Nasheed

Rucker

Salva

Talboy

Vogt

Whorton

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Brown 30

Chappelle-Nadal

Fares

Funderburk

Hoskins

Marsh

Schoemehl

Wildberger

 

 

 

            SCS SCR 5, relating to Chronic Obstructive Pulmonary Disease Awareness Day, was taken up by Representative Threlkeld.

 

            On motion of Representative Threlkeld, SCS SCR 5 was adopted by the following vote:

 

AYES: 153

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 25

Baker 123

Bearden

Bivins

Bland

Brandom

Bringer

Brown 50

Bruns

Burnett

Casey

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cox

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fallert

Fares

Fisher

Flook

Frame

Franz

George

Grill

Grisamore

Guest

Harris 23

Harris 110

Haywood

Hobbs

Hodges

Holsman

Hubbard

Hughes

Hunter

Icet

Johnson

Jones 89

Jones 117

Kelly

Kingery

Komo

Kratky

Kraus

Kuessner

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McClanahan

McGhee

Meadows

Meiners

Moore

Munzlinger

Muschany

Nance

Nasheed

Nieves

Nolte

Norr

Onder

Oxford

Page

Parson

Pearce

Pollock

Portwood

Pratt

Quinn 7

Quinn 9

Richard

Robb

Robinson

Roorda

Rucker

Ruestman

Ruzicka

Salva

Sander

Sater

Scavuzzo

Schaaf

Schad

Scharnhorst

Schieffer

Schlottach

Schneider

Schoeller

Self

Shively

Silvey

Smith 14

Smith 150

Spreng

Stevenson

St. Onge

Storch

Stream

Sutherland

Swinger

Talboy

Thomson

Threlkeld

Tilley

Todd

Viebrock

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wilson 119

Wilson 130

Witte

Wood

Wright 159

Wright-Jones

Yaeger

Yates

Young

Zimmerman

Zweifel

Mr Speaker

 

 

 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Skaggs

Whorton

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 008

 

 

 

 

 

 

Bowman

Brown 30

Chappelle-Nadal

Funderburk

Hoskins

Marsh

Schoemehl

Wildberger

 

 

 

COMMITTEE REPORTS

 

            Committee on Fiscal Review, Chairman Guest reporting:

 

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SCS SB 82 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

 

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

 

            Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SS SCS SB 5, 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 Crime Prevention and Public Safety, to which was referred SS SCS SB 429, 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 Health Care Policy, Chairman Cooper (155) reporting:

 

            Mr. Speaker: Your Committee on Health Care Policy, to which was referred SS SCS SB 3, 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 Health Care Policy, to which was referred SS SCS SB 85, 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 Judiciary, Chairman Pratt reporting:

 

            Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1108, 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 Transportation, Chairman St. Onge reporting:

 

            Mr. Speaker: Your Committee on Transportation, to which was referred SCS SBs 45 & 39, 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 Transportation, to which was referred SCS SB 226, 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 Transportation, to which was referred SB 240, 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 Transportation, to which was referred SS SB 358, 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 Transportation, to which was referred SB 543, 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 HCS#2 HBs 406 & 726, 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 886, 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 47, 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 SCS SB 137, begs leave to report it has examined the same and recommends that it Do Not Pass.

 

            Mr. Speaker: Your Committee on Rules, to which was referred SS#6 SCS SB 389, begs leave to report it has examined the same and recommends that it Do Pass.

 

REFERRAL OF HOUSE BILL

 

            The following House Bill was referred to the Committee indicated:

 

HB 758 - Fiscal Review (Fiscal Note)

 

REFERRAL OF SENATE BILLS

 

            The following Senate Bills were referred to the Committee indicated:

 

HCS SS SCS SB 22 - Fiscal Review (Fiscal Note)

SS#6 SCS SB 389 - Fiscal Review (Fiscal Note)

 

MESSAGES FROM THE SENATE

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on Senate Amendment No. 1 and Senate Amendment No. 3 to HB 574 and grants the House a conference thereon.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HB 574 with Senate Amendment No. 1 and Senate Amendment No. 3: Senators Stouffer, Rupp, Bartle, Kennedy and McKenna.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS for HB 665, as amended, and grants the House a conference thereon and further that the conferees be allowed to exceed the differences on language concerning assessors.

 

 


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SS HB 665, as amended: Senators Ridgeway, Griesheimer, Engler, Shoemyer and Kennedy.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SB 25, as amended: Senators Champion, Goodman, Stouffer, Days and Coleman.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SCS SB 64, as amended: Senators Goodman, Shields, Mayer, Smith and Wilson.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SB 81, as amended: Senators Griesheimer, Koster, Engler, Callahan and McKenna.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 166, and requests the House to recede from its position and take up and pass SB 166.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on HCS SB 198: Senators Mayer, Clemens, Stouffer, Wilson and Barnitz.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 270 and has taken up and passed HCS SB 270.

 

             Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 272 and has taken up and passed HCS SCS SB 272.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 288, SB 152 and SCS SB 115 and has taken up and passed HCS SCS SB 288, SB 152 and SCS SB 115.

 

            Emergency clause adopted.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted House Amendment No. 1 to SCS SB 302 and has taken up and passed SCS SB 302, as amended.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 322 and has taken up and passed HCS SB 322.

 

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS#2 SB 406, as amended, and requests the House to recede from its position and, failing to do so, grant the Senate a conference thereon.

 

 


ADJOURNMENT

 

            On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, May 3, 2007.

 

CORRECTIONS TO THE HOUSE JOURNAL

 

AFFIDAVITS

 

I, State Representative Kenny Jones, District 117, hereby state and affirm that my vote as recorded on the motion to adopt Conference Committee Report for Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 327, with an Emergency Clause, as recorded in the House Journal for May 2, 2007 showing that I voted absent was incorrectly recorded. Pursuant to House Rule 89, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

 

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 2nd day of May 2007.

 

                                                                                                    /s/ Kenny Jones

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

 

Subscribed and sworn to before me this 2nd day of May in the year 2007.

 

                                                                                                    /s/ Carrie Young

                                                                                                         Notary Public

___________

 

I, State Representative Rebecca McClanahan, District 2, hereby state and affirm that my vote as recorded on Page 1421 of the House Journal for May 1, 2007 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 89, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

 

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 2nd day of May 2007.

 

                                                                                                    /s/ Rebecca McClanahan

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

 

Subscribed and sworn to before me this 2nd day of May in the year 2007.

 

                                                                                                    /s/ Carrie Young

                                                                                                         Notary Public

___________

 

I, State Representative Joe Smith, District 14, hereby state and affirm that my vote as recorded on Page 1413 of the House Journal for May 1, 2007 showing that I voted present was incorrectly recorded. Pursuant to House Rule 89, I ask that the Journal be corrected to show that I voted no. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

 

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 2nd day of May 2007.

 

                                                                                                    /s/ Joe Smith

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

 

Subscribed and sworn to before me this 2nd day of May in the year 2007.

 

                                                                                                    /s/ Carrie Young

                                                                                                         Notary Public

 

COMMITTEE MEETINGS

 

AGRICULTURE POLICY

Thursday, May 3, 2007, 8:00 a.m. Hearing Room 6.

Executive session.

 

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Thursday, May 3, 2007, 8:15 a.m. Hearing Room 5.

Public Safety will discuss the POST program and the Breeders Fund

under the Gaming Commission.

Executive session may follow.

 

CONFERENCE COMMITTEE - APPROPRIATIONS

Thursday, May 3, 2007, 8:00 a.m. Senate Lounge.

Executive session may follow.

Public hearings to be held on: SCS HB 1, SCS HCS HB 2, SCS HCS HB 3,

SCS HCS HB 4, SCS HCS HB 5, SCS HCS HB 6, SCS HCS HB 7, SCS HCS HB 8,

SCS HCS HB 9, SCS HCS HB 10, SCS HCS HB 11, SCS HCS HB 12, SCS HCS HB 13

 

CONFERENCE COMMITTEE - APPROPRIATIONS

Friday, May 4, 2007, 8:00 a.m. Senate Lounge.

Executive session may follow.

Public hearings to be held on: SCS HB 1, SCS HCS HB 2, SCS HCS HB 3,

SCS HCS HB 4, SCS HCS HB 5, SCS HCS HB 6, SCS HCS HB 7, SCS HCS HB 8,

SCS HCS HB 9, SCS HCS HB 10, SCS HCS HB 11, SCS HCS HB 12, SCS HCS HB 13

 

ELEMENTARY AND SECONDARY EDUCATION

Tuesday, May 8, 2007, Hearing Room 3 upon afternoon adjournment.

Executive session may follow.

Public hearing to be held on: HB 1232

 

FISCAL REVIEW

Thursday, May 3, 2007, 9:00 a.m. Hearing Room 1.

Any bills referred to Fiscal Review Committee.

 

 


JUDICIARY

Thursday, May 3, 2007, House Chamber south gallery upon morning adjournment.

Executive session only.

 

RULES - PURSUANT TO RULE 25(21)(f)

Thursday, May 3, 2007, 9:30 a.m. Hearing Room 2.

Executive session may follow. AMENDED

Public hearings to be held on: SB 140, HCS SCS SB 333,

HCS SCS SBs 199 & 207, HCS SCS SB 328, HCS SCS SB 163

 

SPECIAL COMMITTEE ON AGRI-BUSINESS

Thursday, May 3, 2007, House Chamber south gallery forty (40) minutes after adjournment.

Executive session.

 

SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT

Thursday, May 3, 2007, 9:00 a.m. Hearing Room 3.

Executive session only.

 

SPECIAL COMMITTEE ON JOB CREATION AND ECONOMIC DEVELOPMENT

Thursday, May 3, 2007, 9:45 a.m. House Chamber south gallery.

Executive session only. CANCELLED

 

SPECIAL COMMITTEE ON PROFESSIONAL REGISTRATION AND LICENSING

Thursday, May 3, 2007, 8:30 a.m. Hearing Room 7.

Executive session may follow.

Public hearing to be held on: SCS SB 664

 

SPECIAL COMMITTEE ON STATE PARKS AND WATERWAYS

Thursday, May 3, 2007, 9:00 a.m. Hearing Room 4. AMENDED

Executive session will be held on: HB 354

 

SPECIAL COMMITTEE ON URBAN ISSUES

Thursday, May 3, 2007, 9:30 a.m. House Chamber north gallery.

Executive session may follow.

Public hearing to be held on: SS SB 654

 

SPECIAL COMMITTEE ON UTILITIES

Thursday, May 3, 2007, House Chamber south gallery upon morning adjournment.

Executive session. CANCELLED

 

HOUSE CALENDAR

 

SIXTY-EIGHTH DAY, THURSDAY, MAY 3, 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 1 for 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        HCS HB 425 - Pearce

59        HCS HB 429 - Jones (117)

60        HCS HB 716 - Davis

61        HCS HB 95 - Sater

62        HB 479 - Darrough

63        HB 733 - Page

64        HCS HB 769 - Bruns

65        HCS HB 802 - Page

66        HB 1155 - Wright-Jones

67        HCS HB 442 - Kingery

68        HB 727 - Portwood

69        HB 888 - Grisamore

70        HCS HB 923 - Kratky

71        HB 1251 - Komo

72        HCS HB 331 - Lipke

73        HCS#2 HB 735 - Cooper (158)

74        HCS HB 833 - Wasson

75        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 BILLS FOR THIRD READING

 

1          HCS HBs 365, 804 & 805, (Fiscal Review 4-03-07) - Ervin

2          HB 758, (Fiscal Review 5-2-07) - Brown (50)

 

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

 

1          SCS SB 91 - St. Onge

2          SB 135 - Kingery

3          HCS SCS SB 232 - Cooper (158)

4          HCS SCS SB 384, E.C. - Daus

5          HCS SCS SB 520 - Hunter

6          SB 352 - Ruzicka

7          HCS SCS SB 82 - Tilley                    (90 minutes debate on Third Reading)

8          HCS SB 593 & SCS SB 594 - May

9          SB 648 - Kelly

10        HCS SB 666 - Grill

11        HCS SCS SB 156, (Fiscal Review 4-26-07), E.C. - Quinn (7)          (90 minutes debate on Third Reading)

12        HCS SS SCS SB 320 - Quinn (7)

13        SCS SB 418, (Fiscal Review 4-26-07) - Weter

14        SB 513 - Wasson

15        HCS SB 218 - Deeken

16        SB 433 - Day

17        HCS SS SCS SB 22, (Fiscal Review 5-2-07), E.C. - Schneider         (2 hours for debate on Third Reading)

18        SS#6 SCS SB 389, (Fiscal Review 5-2-07) - Bearden           (2 hours debate on Third Reading)

 

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 18 - Icet

3          SCS HCS HB 17 - Icet

4          SCS HB 791 - Wilson (130)

 

BILLS CARRYING REQUEST MESSAGES

 

1          CCS SS SCS HCS HB 327, as amended

                        (House refuses to grant conference/request Senate take up and pass bill) - Richard

2          HCS#2 SB 406, as amended (request House recede/grant conference) - Wallace

3          HCS SB 166, (request House recede/take up and pass bill) - Wood

 

BILLS IN CONFERENCE

 

1          HCS SB 30, as amended - Stevenson

2          HCS SCS SB 308, as amended - Wasson

3          SB 233, HA 1, HA 2, HA 3, HA 4, HA 5 - Stevenson

4          SCS HB 1 - Icet

5          SCS HCS HB 2 - Icet

6          SCS HCS HB 3 - Icet

7          SCS HCS HB 4 - Icet

8          SCS HCS HB 5 - Icet

9          SCS HCS HB 6 - Icet

10        SCS HCS HB 7 - Icet

11        SCS HCS HB 8 - Icet

12        SCS HCS HB 9 - Icet

13        SCS HCS HB 10 - Icet

14        SCS HCS HB 11, as amended - Icet

15        SCS HCS HB 12 - Icet

16        SCS HCS HB 13 - Icet

17        HCS SCS SB 64, as amended - Wallace

18        HCS SB 81, as amended - Schlottach

19        HCS SCS SB 198 - Pollock

20        HCS SB 25, as amended - Franz

21        HB 574, SA 1, SA 3, E.C. - St. Onge

22        SS HB 665, as amended (conferees to exceed differences) - Ervin

 

HOUSE RESOLUTION

 

HR 1678, (4-12-07, Page 1076) - Jones (117)