journal of the house1039 journal of the house first regular session, 99th general assembly...

1039

JOURNAL OF THE HOUSE

First Regular Session, 99th GENERAL ASSEMBLY __________________________

FORTY-SECOND DAY, WEDNESDAY, MARCH 15, 2017

The House met pursuant to adjournment. Speaker Pro Tem Haahr in the Chair. Prayer by Reverend Monsignor Robert A. Kurwicki, Chaplain. Let not your heart be troubled; believe in God. (John 14:1) O Lord, Our God, who is truth and love and who does give Himself to us to lead in Your way, grant unto us Your spirit that we may give ourselves in service to our fellow citizens on this Ides of March. May our citizens feel their unity with each other since we are all Your children, and may we learn to work together for the good of Missouri. Bless those who are in need, all who are oppressed in mind and body, and all who suffer. Particularly do we pray for our elderly. Strengthen them and their families at home; give them patience in suffering and comfort in afflictions. May the day soon come when those families now separated can be home together and enjoy their lives in freedom and peace. And the House says, “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: Ava Regagnon and Josie Hayden. The Journal of the forty-first day was approved as printed.

PERFECTION OF HOUSE BILLS HCS HB 255, relating to ticket selling practices, was taken up by Representative Rhoads. Representative Grier offered House Amendment No. 1.

House Amendment No. 1 AMEND House Committee Substitute for House Bill No. 255, Page 2, Section 316.120, Line 43, by deleting the word "and"; and Further amend said bill, page, and section, Line 49, by deleting all of said line and inserting in lieu thereof the following:

"chapter 513;

1040 Journal of the House

(6) A ticket platform offering tickets for resale shall disclose clearly and conspicuously: (a) That it is a ticket platform and prices of tickets can often exceed face value; (b) The face value and exact location of the seat of the ticket being offered for sale, including any section, row, or seat number; (c) Tickets that are specifically designated as accessible seating; (d) Whether the ticket offered for sale is in the actual possession of the reseller and available for delivery; (e) Whether the reseller is actively making an offer to procure the ticket; (f) If the ticket is not in the physical possession of the reseller, the period of time when the reseller reasonably expects to have the ticket in hand and available for delivery; and (g) The refund policy of the ticket platform in connection with the cancellation or postponement of an entertainment event; and (7) A ticket platform shall not use the name of a venue, artist, or team trademark or service mark in any way without the express written consent of the intellectual property owner, except if such use constitutes fair use and is consistent with applicable laws, including full disclosure or attribution of the true intellectual property owner."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. House Amendment No. 1 was withdrawn. Representative Curtman offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 255, , Section 316.120, Lines 21-28, by deleting all of said lines; and Further amend said bill by renumbering the subsequent subdivisions accordingly; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Cierpiot moved the previous question. Which motion was adopted by the following vote: AYES: 106 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Francis Frederick Gannon Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Higdon Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Mathews Matthiesen McCaherty McGaugh Messenger Miller Moon Morris Pfautsch Phillips Pietzman Pike Plocher Pogue Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber

Forty-second Day–Wednesday, March 15, 2017 1041

Rone Ross Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood NOES: 045 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Curtis Dunn Ellebracht Ellington Franks Jr Gray Green Harris Kendrick Lavender May McCann Beatty McCreery McGee Meredith 71 Merideth 80 Morgan Mosley Newman Nichols Peters Pierson Jr Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Walker 74 Wessels PRESENT: 000 ABSENT WITH LEAVE: 011 Brown 94 Fraker Franklin Marshall McDaniel Mitten Muntzel Neely Rowland 155 Shull 16 Mr. Speaker VACANCIES: 001

Representative Curtman moved that House Amendment No. 2 be adopted. Which motion was defeated by the following vote, the ayes and noes having been demanded by Representative Hill: AYES: 053 Alferman Barnes 60 Basye Beard Bernskoetter Berry Bondon Brattin Brown 57 Chipman Cookson Curtman Eggleston Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Franklin Frederick Grier Haahr Hannegan Hansen Helms Hurst Johnson Justus Love Marshall Mathews McCaherty McDaniel Moon Phillips Pietzman Pike Plocher Pogue Reisch Remole Roeber Rone Ross Shaul 113 Smith 163 Spencer Stacy Tate Taylor Trent Vescovo Walker 3 Wilson NOES: 098 Adams Anders Anderson Andrews Arthur Austin Bangert Baringer Barnes 28 Beck Black Brown 27 Brown 94 Burnett Burns Butler Carpenter Christofanelli Cierpiot Conway 10 Conway 104 Corlew Cornejo Crawford Cross Curtis Davis DeGroot Dogan Dohrman


Dunn Ellebracht Ellington Engler Francis Franks Jr Gannon Gray Green Gregory Haefner Harris Henderson Hill Houghton Houx Hubrecht Kelley 127 Kelly 141 Kendrick Kidd Kolkmeyer Korman Lant Lauer Lavender Lynch Matthiesen May McCann Beatty McCreery McGaugh McGee Meredith 71 Merideth 80 Messenger Miller Morgan Morris Mosley Newman Nichols Peters Pfautsch Pierson Jr Quade Razer Redmon Rehder Reiboldt Rhoads Roberts Rowland 29 Runions Ruth Schroer Shumake Smith 85 Sommer Stephens 128 Stevens 46 Swan Unsicker Walker 74 Wessels White Wiemann Wood PRESENT: 004 Bahr Higdon Lichtenegger Roden ABSENT WITH LEAVE: 007 Fraker Mitten Muntzel Neely Rowland 155 Shull 16 Mr. Speaker VACANCIES: 001

Representative Taylor offered House Amendment No. 3.


AMEND House Committee Substitute for House Bill No. 255, Page 3, Section 316.120, Line 74, by inserting after all of said line the following: "6. It is a misdemeanor offense for any person to decode, decrypt, modify, or reverse engineer any tickets, or underlying algorithms or barcodes, used on or in the production of tickets or any online or digital ticketing platform."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Taylor moved that House Amendment No. 3 be adopted. Which motion was defeated. Representative Chipman assumed the Chair. On motion of Representative Rhoads, the title of HCS HB 255 was agreed to. On motion of Representative Rhoads, HCS HB 255 was adopted. On motion of Representative Rhoads, HCS HB 255 was ordered perfected and printed. Speaker Pro Tem Haahr resumed the Chair.


PERFECTION OF HOUSE COMMITTEE BILLS HCB 3, relating to funds for vulnerable senior citizens, was taken up by Representative Alferman. Representative Butler raised a point of order that there had been a violation of Rule 85. The Chair ruled the point of order not well taken. Representative Fitzpatrick offered House Amendment No. 1.


AMEND House Committee Bill No. 3, Page 4, Section 135.025, Line 21, by deleting the words "transferred from general revenue to" and inserting in lieu thereof the words "deposited in"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. On motion of Representative Fitzpatrick, House Amendment No. 1 was adopted by the following vote, the ayes and noes having been demanded by Representative Butler: AYES: 103 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Curtman Davis Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 49 Francis Franklin Frederick Gannon Gregory Grier Haahr Hannegan Hansen Helms Henderson Higdon Hill Houghton Houx Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen May McCaherty McGaugh Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Rehder Reiboldt Remole Rhoads Roden Roeber Rone Ross Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker NOES: 045 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Curtis Dunn Ellebracht Ellington Franks Jr Gray Green Harris Kendrick Lavender McCann Beatty McCreery McGee Meredith 71 Merideth 80 Mitten Morgan Mosley


Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Walker 74 Wessels PRESENT: 002 Hubrecht Reisch ABSENT WITH LEAVE: 012 Bondon Conway 10 Cross DeGroot Fitzwater 144 Fraker Haefner McDaniel Plocher Redmon Rowland 155 Shull 16 VACANCIES: 001

Representative Carpenter offered House Amendment No. 2.


AMEND House Committee Bill No. 3, Pages 1-3, Section 135.010, Lines 1-86, by striking said section from the bill; and Further amend said bill, Pages 3-4, Section 135.025, Lines 1-7, by deleting all of said lines and inserting in lieu thereof the following: "135.025. 1. The property taxes accrued and rent constituting property taxes accrued on each return shall be totaled. This total, up to seven hundred fifty dollars in rent constituting property taxes actually paid or eleven hundred dollars in actual property tax paid, shall be used in determining the property tax credit. The director of revenue shall prescribe regulations providing for allocations where part of a claimant's homestead is rented to another or used for nondwelling purposes or where a homestead is owned or rented or used as a dwelling for part of a year."; and Further amend said bill, Page 4, said section, Lines 18-19, by deleting all of said lines and inserting in lieu thereof the following: "3. The director of the department of revenue shall calculate the increase in the amount of corporate income tax revenue generated by the change in the allocation of corporate income under section 143.451 in fiscal year 2016. In fiscal year 2018"; and Further amend said bill, Pages 4-5, Section 135.030, Lines 1-37, by striking said section from the bill; and Further amend said bill, Page 5, said section, Line 37, by inserting after all of said section and line the following: "143.451. 1. Missouri taxable income of a corporation shall include all income derived from sources within this state. 2. A corporation described in subdivision (1) of subsection 1 of section 143.441 shall include in its Missouri taxable income all income from sources within this state, including that from the transaction of business in this state and that from the transaction of business partly done in this state and partly done in another state or states. However: (1) Where income results from a transaction partially in this state and partially in another state or states, and income and deductions of the portion in the state cannot be segregated, then such portions of income and deductions shall be allocated in this state and the other state or states as will distribute to this state a portion based upon the portion of the transaction in this state and the portion in such other state or states.


(2) The taxpayer may elect to compute the portion of income from all sources in this state in the following manner, or the manner set forth in subdivision (3) of this subsection: (a) The income from all sources shall be determined as provided, excluding therefrom the figures for the operation of any bridge connecting this state with another state. (b) The amount of sales which are transactions wholly in this state shall be added to one-half of the amount of sales which are transactions partly within this state and partly without this state, and the amount thus obtained shall be divided by the total sales or in cases where sales do not express the volume of business, the amount of business transacted wholly in this state shall be added to one-half of the amount of business transacted partly in this state and partly outside this state and the amount thus obtained shall be divided by the total amount of business transacted, and the net income shall be multiplied by the fraction thus obtained, to determine the proportion of income to be used to arrive at the amount of Missouri taxable income. The investment or reinvestment of its own funds, or sale of any such investment or reinvestment, shall not be considered as sales or other business transacted for the determination of said fraction. (c) For the purposes of this subdivision, a transaction involving the sale of tangible property is: a. "Wholly in this state" if both the seller's shipping point and the purchaser's destination point are in this state; b. "Partly within this state and partly without this state" if the seller's shipping point is in this state and the purchaser's destination point is outside this state, or the seller's shipping point is outside this state and the purchaser's destination point is in this state; c. Not "wholly in this state" or not "partly within this state and partly without this state" only if both the seller's shipping point and the purchaser's destination point are outside this state. (d) For purposes of this subdivision: a. The purchaser's destination point shall be determined without regard to the FOB point or other conditions of the sale; and b. The seller's shipping point is determined without regard to the location of the seller's principle office or place of business. (3) The taxpayer may elect to compute the portion of income from all sources in this state in the following manner: (a) The income from all sources shall be determined as provided, excluding therefrom the figures for the operation of any bridge connecting this state with another state; (b) The amount of sales which are transactions in this state shall be divided by the total sales, and the net income shall be multiplied by the fraction thus obtained, to determine the proportion of income to be used to arrive at the amount of Missouri taxable income. The investment or reinvestment of its own funds, or sale of any such investment or reinvestment, shall not be considered as sales or other business transacted for the determination of said fraction; (c) For the purposes of this subdivision, a transaction involving the sale of tangible property is: a. "In this state" if the purchaser's destination point is in this state; b. Not "in this state" if the purchaser's destination point is outside this state; (d) For purposes of this subdivision, the purchaser's destination point shall be determined without regard to the FOB point or other conditions of the sale and shall not be in this state if the purchaser received the tangible personal property from the seller in this state for delivery to the purchaser's location outside this state; [(e) For the purposes of this subdivision, a transaction involving the sale other than the sale of tangible property is "in this state" if the taxpayer's market for the sales is in this state. The taxpayer's market for sales is in this state:

a. In the case of sale, rental, lease, or license of real property, if and to the extent the property is located in this state; b. In the case of rental, lease, or license of tangible personal property, if and to the extent the property is located in this state; c. In the case of sale of a service, if and to the extent the ultimate beneficiary of the service is located in this state and shall not be in this state if the ultimate beneficiary of the service rendered by the taxpayer or the taxpayer's designee is located outside this state; and d. In the case of intangible property: (i) That is rented, leased, or licensed, if and to the extent the property is used in this state by the rentee, lessee, or licensee, provided that intangible property utilized in marketing a good or service to a consumer is "used


in this state" if that good or service is purchased by a consumer who is in this state. Franchise fees or royalties received for the rent, lease, license, or use of a trade name, trademark, service mark, or franchise system or provides a right to conduct business activity in a specific geographic area are "used in this state" to the extent the franchise location is in this state; and (ii) That is sold, if and to the extent the property is used in this state, provided that: i. A contract right, government license, or similar intangible property that authorizes the holder to conduct a business activity in a specific geographic area is "used in this state" if the geographic area includes all or part of this state; ii. Receipts from intangible property sales that are contingent on the productivity, use, or disposition of the intangible property shall be treated as receipts from the rental, lease, or licensing of such intangible property under item (i) of this subparagraph; and iii. All other receipts from a sales of intangible property shall be excluded from the numerator and denominator of the sales factor; (f) If the state or states of assignment under paragraph (e) of this subdivision cannot be determined, the state or states of assignment shall be reasonably approximated; (g) If the state of assignment cannot be determined under paragraph (e) of this subdivision or reasonably approximated under paragraph (f) of this subdivision, such sales shall be excluded from the denominator of the sales factor; (h) The director may prescribe such rules and regulations as necessary or appropriate to carry out the purposes of this section.] (4) For purposes of this subsection, the following words shall, unless the context otherwise requires, have the following meaning: (a) "Administration services" include, but are not limited to, clerical, fund or shareholder accounting, participant record keeping, transfer agency, bookkeeping, data processing, custodial, internal auditing, legal and tax services performed for an investment company; (b) "Affiliate", the meaning as set forth in 15 U.S.C. Section 80a-2(a)(3)(C), as may be amended from time to time; (c) "Distribution services" include, but are not limited to, the services of advertising, servicing, marketing, underwriting or selling shares of an investment company, but, in the case of advertising, servicing or marketing shares, only where such service is performed by a person who is, or in the case of a closed end company, was, either engaged in the services of underwriting or selling investment company shares or affiliated with a person that is engaged in the service of underwriting or selling investment company shares. In the case of an open end company, such service of underwriting or selling shares must be performed pursuant to a contract entered into pursuant to 15 U.S.C. Section 80a-15(b), as from time to time amended; (d) "Investment company", any person registered under the federal Investment Company Act of 1940, as amended from time to time, (the act) or a company which would be required to register as an investment company under the act except that such person is exempt to such registration pursuant to Section 80a-3(c)(1) of the act; (e) "Investment funds service corporation" includes any corporation or S corporation doing business in the state which derives more than fifty percent of its gross income in the ordinary course of business from the provision directly or indirectly of management, distribution or administration services to or on behalf of an investment company or from trustees, sponsors and participants of employee benefit plans which have accounts in an investment company. An investment funds service corporation shall include any corporation or S corporation providing management services as an investment advisory firm registered under Section 203 of the Investment Advisors Act of 1940, as amended from time to time, regardless of the percentage of gross revenues consisting of fees from management services provided to or on behalf of an investment company; (f) "Management services" include but are not limited to, the rendering of investment advice directly or indirectly to an investment company making determinations as to when sales and purchases of securities are to be made on behalf of the investment company, or the selling or purchasing of securities constituting assets of an investment company, and related activities, but only where such activity or activities are performed: a. Pursuant to a contract with the investment company entered into pursuant to 15 U.S.C. Section 80a-15(a), as from time to time amended; b. For a person that has entered into such contract with the investment company; or c. For a person that is affiliated with a person that has entered into such contract with an investment company; (g) "Qualifying sales", gross income derived from the provision directly or indirectly of management, distribution or administration services to or on behalf of an investment company or from trustees, sponsors and


participants of employee benefit plans which have accounts in an investment company. For purposes of this section, "gross income" is defined as that amount of income earned from qualifying sources without deduction of expenses related to the generation of such income; (h) "Residence", presumptively the fund shareholder's mailing address on the records of the investment company. If, however, the investment company or the investment funds service corporation has actual knowledge that the fund shareholder's primary residence or principal place of business is different than the fund shareholder's mailing address such presumption shall not control. To the extent an investment funds service corporation does not have access to the records of the investment company, the investment funds service corporation may employ reasonable methods to determine the investment company fund shareholder's residence. (5) Notwithstanding other provisions of law to the contrary, qualifying sales of an investment funds service corporation, or S corporation, shall be considered wholly in this state only to the extent that the fund shareholders of the investment companies, to which the investment funds service corporation, or S corporation, provide services, are residenced in this state. Wholly in this state qualifying sales of an investment funds service corporation, or S corporation, shall be determined as follows: (a) By multiplying the investment funds service corporation's total dollar amount of qualifying sales from services provided to each investment company by a fraction, the numerator of which shall be the average of the number of shares owned by the investment company's fund shareholders residenced in this state at the beginning of and at the end of the investment company's taxable year that ends with or within the investment funds service corporation's taxable year, and the denominator of which shall be the average of the number of shares owned by the investment company's fund shareholders everywhere at the beginning of and at the end of the investment company's taxable year that ends with or within the investment funds service corporation's taxable year; (b) A separate computation shall be made to determine the wholly in this state qualifying sales from each investment company. The qualifying sales for each investment company shall be multiplied by the respective percentage of each fund, as calculated pursuant to paragraph (a) of this subdivision. The product of this equation shall result in the wholly in this state qualifying sales. The qualifying sales for each investment company which are not wholly in this state will be considered wholly without this state; (c) To the extent an investment funds service corporation has sales which are not qualifying sales, those nonqualified sales shall be apportioned to this state based on the methodology utilized by the investment funds service corporation without regard to this subdivision. 3. Any corporation described in subdivision (1) of subsection 1 of section 143.441 organized in this state or granted a permit to operate in this state for the transportation or care of passengers shall report its gross earnings within the state on intrastate business and shall also report its gross earnings on all interstate business done in this state which report shall be subject to inquiry for the purpose of determining the amount of income to be included in Missouri taxable income. The previous sentence shall not apply to a railroad. 4. A corporation described in subdivision (2) of subsection 1 of section 143.441 shall include in its Missouri taxable income all income arising from all sources in this state and all income from each transportation service wholly within this state, from each service where the only lines of such corporation used are those in this state, and such proportion of revenue from each service where the facilities of such corporation in this state and in another state or states are used, as the mileage used over the lines of such corporation in the state shall bear to the total mileage used over the lines of such corporation. The taxpayer may elect to compute the portion of income from all sources within this state in the following manner: (1) The income from all sources shall be determined as provided; (2) The amount of investment of such corporation on December thirty-first of each year in this state in fixed transportation facilities, real estate and improvements, plus the value on December thirty-first of each year of any fixed transportation facilities, real estate and improvements in this state leased from any other railroad shall be divided by the sum of the total amount of investment of such corporation on December thirty-first of each year in fixed transportation facilities, real estate and improvements, plus the value on December thirty-first of each year, of any fixed transportation facilities, real estate and improvements leased from any other railroad. Where any fixed transportation facilities, real estate or improvements are leased by more than one railroad, such portion of the value shall be used by each railroad as the rental paid by each shall bear to the rental paid by all lessees. The income shall be multiplied by the fraction thus obtained to determine the proportion to be used to arrive at the amount of Missouri taxable income. 5. A corporation described in subdivision (3) of subsection 1 of section 143.441 shall include in its Missouri taxable income one-half of the net income from the operation of a bridge between this and another state. If any such bridge is owned or operated by a railroad corporation or corporations, or by a corporation owning a


railroad corporation using such bridge, then the figures for operation of such bridge may be included in the return of such railroad or railroads; or if such bridge is owned or operated by any other corporation which may now or hereafter be required to file an income tax return, one-half of the income or loss to such corporation from such bridge may be included in such return by adding or subtracting same to or from another net income or loss shown by the return. 6. A corporation described in subdivision (4) of subsection 1 of section 143.441 shall include in its Missouri taxable income all income arising from all sources within this state. Income shall include revenue from each telephonic or telegraphic service rendered wholly within this state; from each service rendered for which the only facilities of such corporation used are those in this state; and from each service rendered over the facilities of such corporation in this state and in other state or states, such proportion of such revenue as the mileage involved in this state shall bear to the total mileage involved over the lines of said company in all states. The taxpayer may elect to compute the portion of income from all sources within this state in the following manner: (1) The income from all sources shall be determined as provided; (2) The amount of investment of such corporation on December thirty-first of each year in this state in telephonic or telegraphic facilities, real estate and improvements thereon, shall be divided by the amount of the total investment of such corporation on December thirty-first of each year in telephonic or telegraphic facilities, real estate and improvements. The income of the taxpayer shall be multiplied by fraction thus obtained to determine the proportion to be used to arrive at the amount of Missouri taxable income. 7. From the income determined in subsections 2, 3, 4, 5 and 6 of this section to be from all sources within this state shall be deducted such of the deductions for expenses in determining Missouri taxable income as were incurred in this state to produce such income and all losses actually sustained in this state in the business of the corporation. 8. If a corporation derives only part of its income from sources within Missouri, its Missouri taxable income shall only reflect the effect of the following listed deductions to the extent applicable to Missouri. The deductions are: (a) its deduction for federal income taxes pursuant to section 143.171, and (b) the effect on Missouri taxable income of the deduction for net operating loss allowed by Section 172 of the Internal Revenue Code. The extent applicable to Missouri shall be determined by multiplying the amount that would otherwise affect Missouri taxable income by the ratio for the year of the Missouri taxable income of the corporation for the year divided by the Missouri taxable income for the year as though the corporation had derived all of its income from sources within Missouri. For the purpose of the preceding sentence, Missouri taxable income shall not reflect the listed deductions. 9. Any investment funds service corporation organized as a corporation or S corporation which has any shareholders residenced in this state shall be subject to Missouri income tax as provided in this chapter. 10. The provisions of this section do not impact any other apportionment election available to a taxpayer under Missouri statutes."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Corlew raised points of order that House Amendment No. 2 goes beyond the scope of the bill and is a floor substitute. The Chair ruled the points of order well taken. HCB 3, as amended, was laid over. On motion of Representative Cierpiot, the House recessed until 3:30 p.m.

AFTERNOON SESSION The hour of recess having expired, the House was called to order by Speaker Pro Tem Haahr. Representative Cierpiot suggested the absence of a quorum.


The following roll call indicated a quorum present: AYES: 030

Alferman Basye Bernskoetter Black Bondon Brown 27 Brown 94 Butler Fraker Gray Houghton Hurst Justus Kelly 141 Kolkmeyer Korman Lant Lichtenegger Newman Nichols Phillips Pogue Redmon Reiboldt Remole Roeber Taylor Trent Wiemann Mr. Speaker

NOES: 003

Curtis Fitzwater 49 Franks Jr

PRESENT: 072

Anders Anderson Andrews Austin Bahr Bangert Baringer Barnes 28 Beard Beck Burnett Christofanelli Cierpiot Conway 10 Conway 104 Corlew Cross DeGroot Dogan Dohrman Eggleston Ellebracht Engler Evans Grier Haahr Haefner Hannegan Hansen Harris Helms Henderson Hill Houx Johnson Kendrick Lauer Lynch Matthiesen May Meredith 71 Miller Moon Morgan Peters Pfautsch Pierson Jr Pietzman Pike Plocher Quade Reisch Rhoads Roberts Roden Ross Rowland 155 Rowland 29 Runions Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Swan Tate Unsicker Vescovo Walker 3 Walker 74 Wessels

ABSENT WITH LEAVE: 057

Adams Arthur Barnes 60 Berry Brattin Brown 57 Burns Carpenter Chipman Cookson Cornejo Crawford Curtman Davis Dunn Ellington Fitzpatrick Fitzwater 144 Francis Franklin Frederick Gannon Green Gregory Higdon Hubrecht Kelley 127 Kidd Lavender Love Marshall Mathews McCaherty McCann Beatty McCreery McDaniel McGaugh McGee Merideth 80 Messenger Mitten Morris Mosley Muntzel Neely Razer Rehder Rone Shull 16 Smith 85 Spencer Stacy Stephens 128 Stevens 46 White Wilson Wood

VACANCIES: 001

PERFECTION OF HOUSE BILLS

HB 355, relating to restrictive covenants, was taken up by Representative Bahr. Representative Spencer offered House Amendment No. 1.



AMEND House Bill No. 355, Page 2, Section 442.404, Line 26, by inserting after all of said section and line the following: "442.405. 1. For purposes of this section, "amateur service" shall have the same meaning as provided in 47 CFR 97.3. 2. Except as otherwise provided in this section, a covenant, restriction, or condition contained in a deed, contract, or other legal instrument that affects the use of real property or the transfer, sale, or any other interest in real property is void and unenforceable to the extent that the covenant, restriction, or condition: (1) Precludes amateur service communications; (2) Contains a restriction on amateur service communications that does not reasonably accommodate such communications. Unreasonably restricting the placement, screening, or height of an amateur radio antenna does not reasonably accommodate amateur service communications; or (3) Contains a restriction on amateur service communications that does not constitute the minimum practicable restriction on such communications to accomplish the legitimate purpose of the entity seeking to enforce such restriction. 3. The provisions of this section do not apply to any entity organized under federal, state, or local law for the purpose of historic or architectural preservation. 4. Notwithstanding subsection 2 of this section, a landlord may restrict his or her tenant's use of property leased to the tenant by requiring a prior written agreement between the landlord and the tenant for the tenant's use of amateur service communications on the property."; and

Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Cierpiot moved the previous question. Which motion was adopted by the following vote: AYES: 105 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Fraker Francis Franklin Gannon Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelly 141 Kolkmeyer Korman Lant Lauer Lichtenegger Lynch Marshall Mathews Matthiesen McCaherty Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Plocher Pogue Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood


NOES: 043 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burns Butler Carpenter Conway 10 Curtis Ellebracht Ellington Franks Jr Gray Harris Kendrick Lavender May McCann Beatty McCreery McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Walker 74 Wessels PRESENT: 000 ABSENT WITH LEAVE: 014 Burnett Cornejo Dunn Frederick Green Higdon Kelley 127 Kidd Love McDaniel McGaugh Ross Shull 16 Mr. Speaker VACANCIES: 001

Representative Spencer moved that House Amendment No. 1 be adopted. Which motion was defeated. On motion of Representative Bahr, the title of HB 355 was agreed to. On motion of Representative Bahr, HB 355 was ordered perfected and printed. HCS HB 634, relating to charter schools, was taken up by Representative Roeber. HCS HB 634 was laid over.

PERFECTION OF HOUSE COMMITTEE BILLS HCB 3, as amended, relating to funds for vulnerable senior citizens, was again taken up by Representative Alferman. Representative Quade offered House Amendment No. 3.


AMEND House Committee Bill No. 3, Page 2, Section 135.010, Line 17, by inserting immediately after the word "claimed." the following words "A claimant shall not be allowed a property tax credit if the claimant has assets totaling more than five thousand dollars, or in the case of a married couple filing combined more than ten thousand dollars, excluding the value of his or her primary residence and one personal automobile."; and

Further amend said bill and page, Lines 31-45, by deleting all of said lines and inserting in lieu thereof the following:


"(3) "Gross rent", amount paid by a claimant to a landlord for the rental, at arm's length, of a homestead during the calendar year, exclusive of charges for health and personal care services and food furnished as part of the rental agreement, whether or not expressly set out in the rental agreement. If the director of revenue determines that the landlord and tenant have not dealt at arm's length, and that the gross rent is excessive, then he shall determine the gross rent based upon a reasonable amount of rent. Gross rent shall be deemed to be paid only if actually paid prior to the date a return is filed. The director of revenue may prescribe regulations requiring a return of information by a landlord receiving rent, certifying for a calendar year the amount of gross rent received from a tenant claiming a property tax credit and shall, by regulation, provide a method for certification by the claimant of the amount of gross rent paid for any calendar year for which a claim is made. The regulations authorized by this subdivision may require a landlord or a tenant or both to provide data relating to health and personal care services and to food. Neither a landlord nor a tenant may be required to provide data relating to utilities, furniture, home furnishings or appliances; (4) "Homestead", the dwelling in Missouri owned or rented by the claimant and not"; and Further amend said bill, Page 3, said section, Line 53, by deleting all of said line and inserting in lieu thereof the following:

"(5) "Income", Missouri adjusted gross income as defined in section 143.121 less"; and Further amend said bill, page and section, Line 67, by deleting all of said line and inserting in lieu thereof

the following: "(6) "Property taxes accrued", property taxes paid, exclusive of special assessments,"; and Further amend said bill, page and section, Lines 84-86, by deleting all of said lines and inserting in lieu thereof the following:

"of property covered by a single tax statement of which the homestead is a part; (7) "Rent constituting property taxes accrued", twenty percent of the gross rent paid by a claimant and spouse in the calendar year."; and Further amend said bill, Pages 3-4, Section 135.025, Lines 1-7, by deleting all of said lines and inserting in lieu thereof the following: "135.025. 1. The property taxes accrued and rent constituting property taxes accrued on each return shall be totaled. This total, up to seven hundred fifty dollars in rent constituting property taxes actually paid or eleven hundred dollars in actual property tax paid, shall be used in determining the property tax credit. The director of revenue shall prescribe regulations providing for allocations where part of a claimant's homestead is rented to another or used for nondwelling purposes or where a homestead is owned or rented or used as a dwelling for part of a year."; and Further amend said bill, Page 4, said section, Lines 18-19, by deleting all of said lines and inserting in lieu thereof the following: "3. The director of the department of revenue shall calculate the amount of savings generated from means testing the property tax credit under section 135.010. In fiscal year 2018"; and Further amend said bill, Pages 4-5, Sections 135.030, by striking said section from the bill; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Ellington raised a point of order that a member was in violation of House Rule 100. The Chair ruled the point of order not well taken.


Representative Quade moved that House Amendment No. 3 be adopted. Which motion was defeated by the following vote, the ayes and noes having been demanded by Representative Quade: AYES: 049 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Curtis Dunn Ellebracht Ellington Franks Jr Gray Green Harris Helms Kendrick Lavender May McCann Beatty McCreery McDaniel McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Walker 74 Wessels White NOES: 106 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Fraker Francis Franklin Frederick Gannon Gregory Grier Haahr Hannegan Hansen Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen McCaherty McGaugh Messenger Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Plocher Pogue Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 Wilson Wood Mr. Speaker PRESENT: 000 ABSENT WITH LEAVE: 007 Beard Haefner Higdon Korman Miller Shull 16 Wiemann VACANCIES: 001

Representative Lavender offered House Amendment No. 4.



AMEND House Committee Bill No. 3, Pages 1-3, Section 135.010, Lines 1-86, by striking said section from the bill; and Further amend said bill, Pages 3-4, Section 135.025, Lines 1-7, by deleting all of said lines and inserting in lieu thereof the following: "135.025. 1. The property taxes accrued and rent constituting property taxes accrued on each return shall be totaled. This total, up to seven hundred fifty dollars in rent constituting property taxes actually paid or eleven hundred dollars in actual property tax paid, shall be used in determining the property tax credit. The director of revenue shall prescribe regulations providing for allocations where part of a claimant's homestead is rented to another or used for nondwelling purposes or where a homestead is owned or rented or used as a dwelling for part of a year."; and Further amend said bill, Page 4, said section, Lines 18-19, by deleting all of said lines and inserting in lieu thereof the following: "3. The director of the department of revenue shall calculate the amount of sales tax remittance retained by sellers under section 144.140 in fiscal year 2016. In fiscal year 2018"; and Further amend said bill, Pages 4-5, Section 135.030, Lines 1-37, by striking said section from the bill; and Further amend said bill, Page 5, said section, Line 37, by inserting after all of said section and line the following: "[144.140. From every remittance to the director of revenue made on or before the date when the same becomes due, the person required to remit the same shall be entitled to deduct and retain an amount equal to two percent thereof.]"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Evans raised a point of order that House Amendment No. 4 goes beyond the scope of the bill and is not germane. Representative Corlew raised an additional point of order that House Amendment No. 4 is a floor substitute. The Chair ruled the points of order well taken. Representative Cierpiot moved the previous question. Which motion was adopted by the following vote: AYES: 106 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Francis Franklin Frederick Gannon Gregory Grier Haahr


Haefner Hannegan Hansen Helms Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lichtenegger Love Lynch Marshall Mathews Matthiesen McCaherty McGaugh Messenger Miller Moon Morris Muntzel Neely Pfautsch Pietzman Pike Plocher Pogue Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Rowland 155 Ruth Shaul 113 Shumake Smith 163 Sommer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker NOES: 047 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Curtis Dunn Ellebracht Ellington Franks Jr Gray Green Harris Kendrick Lavender May McCann Beatty McCreery McDaniel McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Walker 74 Wessels PRESENT: 000 ABSENT WITH LEAVE: 009 Cookson Dogan Fraker Higdon Lauer Phillips Schroer Shull 16 Spencer VACANCIES: 001

On motion of Representative Alferman, the title of HCB 3, as amended, was agreed to. On motion of Representative Alferman, HCB 3, as amended, was ordered perfected and printed by the following vote, the ayes and noes having been demanded pursuant to Article III, Section 26 of the Constitution: AYES: 089 Alferman Anderson Andrews Austin Bahr Barnes 60 Beard Bernskoetter Berry Black Bondon Brattin Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Cornejo Crawford Cross Curtman DeGroot Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 49 Fraker Francis Franklin Frederick Gannon Gregory Grier Haahr Haefner Hannegan Helms Henderson Hill Houghton Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer


Korman Lant Lichtenegger Love Lynch Mathews McCaherty Messenger Miller Morris Muntzel Pfautsch Pietzman Pike Plocher Redmon Reiboldt Reisch Rhoads Roden Roeber Ross Rowland 155 Schroer Shaul 113 Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Wiemann Wilson Wood Mr. Speaker NOES: 065 Adams Anders Arthur Bangert Baringer Barnes 28 Basye Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Corlew Curtis Davis Dogan Dunn Ellebracht Ellington Fitzwater 144 Franks Jr Gray Green Hansen Harris Houx Kendrick Lavender Marshall Matthiesen May McCann Beatty McCreery McDaniel McGaugh McGee Meredith 71 Merideth 80 Mitten Moon Morgan Mosley Neely Newman Nichols Peters Pierson Jr Pogue Quade Razer Remole Roberts Rowland 29 Runions Ruth Shumake Smith 85 Stevens 46 Unsicker Walker 3 Walker 74 Wessels White PRESENT: 003 Hubrecht Rehder Rone ABSENT WITH LEAVE: 005 Brown 57 Higdon Lauer Phillips Shull 16 VACANCIES: 001

PERFECTION OF HOUSE BILLS

HCS HB 316, relating to the licensure of psychologists, was taken up by Representative Pike. On motion of Representative Pike, the title of HCS HB 316 was agreed to. On motion of Representative Pike, HCS HB 316 was adopted. On motion of Representative Pike, HCS HB 316 was ordered perfected and printed. HB 680, relating to adult high schools, was taken up by Representative Fitzwater (49). Representative Kelly (141) offered House Amendment No. 1.


AMEND House Bill No. 680, Page 1, Section 160.2700, Line 7, by deleting the words, "an on-site child care facility" and inserting in lieu thereof the words, "on-site child care"; and


Further amend said bill, page and section, Line 9, by deleting the words, "section 163.031" and inserting in lieu thereof the words, "sections 160.415 or 163.031"; and Further amend said bill, Pages 1 to 2, Section 160.2705, Lines 1 through 22, by deleting all of said lines and inserting in lieu thereof the following:

"160.2705. 1. The department of elementary and secondary education shall authorize, before January 1, 2018, a Missouri-based nonprofit organization meeting the criteria under subsection 2 of this section to establish and operate four adult high schools, with:

(1) one adult high school to be located in a city not within a county; (2) one adult high school to be located in any county of the third classification without a township

form of government and with more than forty-one thousand but fewer than forty-five thousand inhabitants or a county contiguous to that county;

(3) one adult high school to be located in any county of the first classification with more than two hundred sixty thousand but fewer than three hundred thousand inhabitants or a county contiguous to that county; and (4) one adult high school to be located in any county of the first classification with more than one hundred fifty thousand but fewer than two hundred thousand inhabitants. 2. The department of elementary and secondary education shall grant the authorization described under subsection 1 of this section based on a bid process conducted in accordance with the rules and regulations governing purchasing through the office of administration. The successful bidder shall: (1) Demonstrate the ability to establish, within twenty-one months of the receipt of the authorization, four adult high schools offering high school diplomas, an industry certification program or programs, and on-site child care for children of the students attending the high schools; (2) Commit at least two million dollars in investment for the purpose of establishing the necessary infrastructure to operate four adult high schools;"; and

Further amend said bill and section, Pages 2 and 3, Lines 40 through 45, by deleting all of said lines and inserting in lieu thereof the following:

"circumstances; (9) Establish a process for determining outcomes of the adult high school, including outcomes related to a student’s ability to find a more rewarding job through the attainment of a high school diploma and job training and certification; and (10) No bids shall include an administrative fee greater than ten percent. 3. (1) The department of elementary and secondary education shall establish academic requirements for students to obtain high"; and Further amend said bill and section, Page 3, Lines 51 through 55, by deleting all of said lines and inserting in lieu thereof the following:

"academic rigor as would otherwise be necessary to attain such credits. (3) The adult high school authorized under this section shall award high school diplomas to students who successfully meet the established academic requirements. The adult high school authorized under this section shall confer the diploma"; and Further amend said bill, page and section, Line 60, by deleting all of said line and inserting in lieu thereof the following:

"any specific number of class minutes. The adult high school may also make classes available to students online as may be appropriate."; and Further amend said bill and page, Section 160.2715, Lines 1 through 2, by deleting the words, "section 163.031" and inserting in lieu thereof the words, "sections 160.415 or 163.031"; and


Further amend said bill, page and section, Line 3, by inserting after the word, "schools" the words, "or charter schools"; and Further amend said bill, Page 4, Section 160.2720, Lines 1 through 8, by deleting all of said lines and inserting in lieu thereof the following: "160.2720. The nonprofit organization who receives the authorization described under section 160.2705 shall submit to the department of elementary and secondary education, the joint committee on education, and the offices of the governor, speaker of the house of representatives, and president pro tempore of the senate an annual report concerning evaluations of the adult high schools, including the impact the adult high schools have had in meeting industry needs in the state before December first of each year."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Eggleston assumed the Chair. On motion of Representative Kelly (141), House Amendment No. 1 was adopted. On motion of Representative Fitzwater (49), the title of HB 680, as amended, was agreed to. On motion of Representative Fitzwater (49), HB 680, as amended, was ordered perfected and printed. HCS HB 348, relating to bingo, was taken up by Representative Brown (57). On motion of Representative Brown (57), the title of HCS HB 348 was agreed to. On motion of Representative Brown (57), HCS HB 348 was adopted.

On motion of Representative Brown (57), HCS HB 348 was ordered perfected and printed. HB 469, relating to high school equivalency degree testing, was taken up by Representative Gannon. Representative Pfautsch offered House Amendment No. 1.


AMEND House Bill No. 469, Page 2, Section 161.095, Line 4, by inserting immediately after all of said line the following:

"162.722. 1. Each school district shall establish a policy, approved by the board of education of the district, that allows acceleration for students who demonstrate: (1) Advanced performance or potential for advanced performance; and (2) The social and emotional readiness for acceleration. 2. The policy shall allow, for students described in this section, at least the following types of acceleration: (1) Subject acceleration; and (2) Whole grade acceleration."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.


On motion of Representative Pfautsch, House Amendment No. 1 was adopted. On motion of Representative Gannon, the title of HB 469, as amended, was agreed to. On motion of Representative Gannon, HB 469, as amended, was ordered perfected and printed. HB 191, relating to the division of alcohol and tobacco control fund, was taken up by Representative Conway (104). On motion of Representative Conway (104), the title of HB 191 was agreed to. On motion of Representative Conway (104), HB 191 was ordered perfected and printed. HCS HB 884, relating to the state capitol complex commission, was taken up by Representative Trent. On motion of Representative Trent, the title of HCS HB 884 was agreed to by the following vote, the ayes and noes having been demanded by Representative Rowland (29): AYES: 112 Alferman Anderson Andrews Austin Bahr Basye Beard Bernskoetter Berry Black Bondon Brown 57 Brown 94 Carpenter Chipman Christofanelli Cierpiot Conway 10 Conway 104 Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 49 Fraker Francis Franklin Franks Jr Frederick Gannon Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kendrick Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen McCaherty McCreery McGaugh Merideth 80 Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Plocher Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Rowland 155 Ruth Schroer Shaul 113 Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker NOES: 041 Adams Anders Bangert Baringer Barnes 60 Barnes 28 Beck Brown 27 Burnett Burns Butler Curtis Dunn Ellebracht Ellington Gray Green Harris Lavender May


McCann Beatty McDaniel McGee Meredith 71 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Wessels PRESENT: 000 ABSENT WITH LEAVE: 009 Arthur Brattin Cookson Fitzwater 144 Higdon Kidd Shull 16 Shumake Walker 74 VACANCIES: 001

On motion of Representative Trent, HCS HB 884 was adopted. On motion of Representative Trent, HCS HB 884 was ordered perfected and printed. Speaker Pro Tem Haahr resumed the Chair.

PERFECTION OF HOUSE JOINT RESOLUTIONS HJR 10, relating to bingo, was taken up by Representative Brown (57). On motion of Representative Brown (57), the title of HJR 10 was agreed to. On motion of Representative Brown (57), HJR 10 was ordered perfected and printed.

PERFECTION OF HOUSE BILLS HCS HB 634, relating to charter schools, was again taken up by Representative Roeber. Representative Richardson offered House Amendment No. 1.


AMEND House Committee Substitute for House Bill No. 634, Page 1, Section 160.400, Line 7, by deleting all of said line and inserting in lieu thereof the following: "(3) In any school district in which at least one school building has received a score of sixty percent or less on its annual performance report for two of the three most recent annual performance reports available as of the date on which a charter school applies to open a charter school in the district under this subdivision. New charter schools may continue to open in such a district until such time as the district has not had any of its school buildings receive an annual performance report score of sixty percent or less for two of the three preceding years. Once a charter school is opened as allowed under this subdivision, the charter school may continue to operate in the district under this subdivision regardless of any improvement in the annual performance report scores of the school buildings in the district;" Further amend said bill and section, Page 3, Line 56, by deleting the phrase "forty-five" and inserting in lieu thereof the word "sixty"; and


Further amend said bill and section, Page 7, Line 206, by deleting the number "12" and inserting in lieu thereof the following:

"[12] 13"; and Further amend said bill, Page 8, Section 160.405, Line 30, by inserting after the word "renewed" the following:

"for a five-year term; except that, if the annual performance report score of a charter school, other than a charter school in which fifty percent or more of the school's students were previously considered dropouts under subdivision (5) of subsection 2 of this section, is below the average of the annual performance report scores of all non-selective grade-level-equivalent school buildings in the school district in which the charter school is located for two of the three consecutive years immediately before a decision whether to renew is made, such renewal shall be for only a three-year term, and if, during such three-year term, the charter school's annual performance report score is below such average for two of the three years, the charter school term shall not be renewed"; and Further amend said bill and section, Page 9, Line 76, by deleting the phrase "forty-five" and inserting in lieu thereof the word "sixty"; and Further amend said bill and section, Page 11, Line 142, by inserting immediately after the word "status." the following: "The charter school shall make the results of such audits available on its website."; and Further amend said bill and section, Page 15, Line 300, by inserting immediately after the word "review." the following: "Such application shall include a financial audit performed by the state auditor in accordance with the procedures outlined in chapter 29, which shall be paid for by the charter school."; and Further amend said bill, Page 17, Section 160.410, Lines 8-17, by deleting all of said lines and inserting in lieu thereof the following: "(4) Nonresident pupils who are residents of the state of Missouri, unless the pupil's enrollment will cause a resident pupil to be denied enrollment;

(5) In the case of a charter school whose mission includes student drop-out prevention"; and Further amend said bill, page, and section, Line 22, by deleting the number "(7)" and inserting in lieu

thereof the number "(6)"; and Further amend said bill, page, and section, Line 39, by deleting the word "and" and inserting in lieu thereof the word "[and]"; and Further amend said bill and section, Page 18, Line 43, by deleting all of said line and inserting in lieu thereof the following:

"methods, and services; and (4) A charter school that opened only as a result of the operation of subdivision (3) of subsection 2 of section 160.400 shall give a preference for admission of resident students who reside in the attendance area of any school building that has received a score of sixty percent or less on its annual performance report. If such a school building receives a score on its annual performance report greater than sixty percent after the student who qualified for the preference enrolled in the charter school required to give him or her preference due to the building's previous score, any charter school described in this subdivision shall continue to give a


preference for admission of the student each school year so long as the student continues to reside in the attendance area of the school building that initially allowed him or her to receive the preference in admissions."; and Further amend said bill, Page 19, Section 160.415, Line 12, by deleting all of said line and inserting in lieu thereof the following: "2. Except as provided in subsections 3 [and] , 4, and 5 of this section, the aid payments for charter"; and Further amend said bill, page, and section, Line 30, by inserting after all of said line the following: "(6) If a charter school that has not declared itself as a local educational agency and that did not open as a result of the operation of subdivision (3) of subsection 2 of section 160.400 has one or more nonresident pupils, the nonresident pupils shall not be counted for purposes of determining the amount of aid described in subdivisions (1) and (2) of this subsection. Each school district that has one or more of its resident pupils attending such a charter school as nonresident pupils shall pay to the charter school, for each such pupil, ninety percent of its average per-pupil expenditure."; and Further amend said bill and section, Page 20, Lines 45-59, by deleting all of said lines and inserting in lieu thereof the following: "(2) (a) If a charter school that has declared itself as a local educational agency and that did not open as a result of the operation of subdivision (3) of subsection 2 of section 160.400 has one or more nonresident pupils, the charter school shall receive from the department of elementary and secondary education an annual amount equal to the amount described in subdivision (1) of this subsection; except that, the nonresident pupils shall not be counted for purposes of determining the amount of aid described in subdivision (1) of this subsection. Each school district that has one or more of its resident pupils attending such a charter school as nonresident pupils shall pay to the charter school, for each such pupil, ninety percent of its average per-pupil expenditure.

(b) Upon notice of the charter school's declaration of local educational agency status, the department of elementary and secondary education shall reduce the payment made to the school district in which the charter school is located from any source by the amount specified in subdivision (1) of this subsection, calculated as described in paragraph (a) of this subdivision, and pay directly to the charter school the annual amount reduced from the school district's payment.

5. (1) Notwithstanding subsections 2, 3, and 4 of this section, aid payments for any charter school that opened only as a result of the operation of subdivision (3) of subsection 2 of section 160.400 shall be as described in this subsection, regardless of whether the charter school has declared itself as a local educational agency.

(2) Each school district that has one or more of its resident pupils attending a charter school described in subdivision (1) of this subsection as resident pupils of the school district in which the charter school is located or as nonresident pupils shall pay to the charter school, for each such pupil, ninety percent of its average per-pupil expenditure.

6. If a school district fails to make timely payments of any amount for which it is the"; and Further amend said bill and section, Pages 21-22, Lines 72-136, by renumbering subsequent subsections

accordingly; and

Further amend said bill and section, Page 22, Lines 114-116, by deleting all of said lines and inserting in lieu thereof the following:

"prohibited from charging or imposing, except that a charter school may receive: (1) Tuition payments from districts in the same or an adjoining county for nonresident students who

transfer to an approved charter school, as defined in section 167.131, from an unaccredited district; and (2) Payments from school districts as described in this section."; and

Further amend said bill, page, and section, Line 136, by inserting after all of said line the following:


"16. Notwithstanding any other provision of this section, if it is permissible for a pupil to attend a charter school located outside his or her district of residence under the provisions of section 160.410 and under the provisions of any other section that specifies the tuition amount to be paid by the resident district, the provisions of the other section specifying the tuition amount shall govern, and the provisions of this section shall not apply to such pupil."; and Further amend said bill, Page 24, Section 160.425, Line 48, by inserting after all of said section and line the following: "Section B. This act shall become effective on July first following the school year in which the amount appropriated for subsections 1 and 2 of section 163.031 is equal to or exceeds the amount necessary to fund the entire entitlement calculation determined by subsections 1 and 2 of section 163.031. The department of elementary and secondary education shall inform the revisor of statutes when the amount appropriated for subsections 1 and 2 of section 163.031 is equal to or exceeds the amount necessary to fund the entire entitlement calculation determined by subsections 1 and 2 of section 163.031."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Swan offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1 to


AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 634, Page 1, Lines 14-15, by deleting all of said lines and inserting in lieu thereof the following:

"Further amend said bill and section, Page 2, Line 21, by deleting the word "or" and inserting in lieu thereof the word "[or]"; and Further amend said bill, page, and section, Line 29, by deleting all of said line and inserting in lieu thereof the following:

"enrollment of one thousand five hundred fifty students or greater; or (7) In a school district not served by a high-quality career technical center, sponsored only by the

local school board for the purpose of establishing a career and technical center whose mission will focus on helping students earn career and technical education certificates described under section 170.029 in addition to their high school graduation diplomas. For purposes of this subdivision, the term "high-quality career technical center" means a center that has met the performance targets for the Perkins Core Indicators of Performance for the secondary level for the most recent school year for which results related to the targets are available. If a charter school is established under this subdivision in a district not served by a high-quality career technical center and the district is later served by such a center, the charter school may continue to operate in the district, but no new charter schools shall be established under this subdivision in the district while such a center serves the district."; and Further amend said bill, page, and section, Line 50, by deleting all of said line and inserting in lieu thereof the following:

"(6) The Missouri charter public school commission created in section 160.425; (7) The school board of the district in any district that is sponsoring a charter school as permitted

under subdivision (7) of subsection 2 of this section."; and Further amend said bill and section, Page 3, Line 56, by deleting the phrase "forty-five" and inserting in

lieu thereof the word "sixty"; and


Further amend said bill, page, and section, Line 66, by deleting the phrase "and (3)" and inserting in lieu thereof the phrase "(3), and (7)"; and"; and Further amend said amendment, Page 2, Line 17, by inserting after all of said line the following:

"Further amend said bill, page, and section, Line 21, by deleting the word "and" and inserting in lieu thereof the word "[and]"; and"; and Further amend said amendment and page, Line 20, by inserting after all of said line the following:

"Further amend said bill, page, and section, Line 27, by deleting all of said line and inserting in lieu thereof the following:

"small number of employers; and (7) In the case of a charter school established under subdivision (7) of subsection 2 of section

160.400, nonresident pupils who are residents of a district that is located in the same county in which such charter school is located, and nonresident pupils who are residents of a district that is located, in whole or in part, in a county adjacent to the county in which such charter school is located."; and"; and Further amend said amendment, Page 3, Line 1, by inserting immediately after the number "(3)" the phrase "or (7)"; and Further amend said amendment and page, Line 11, by inserting immediately after the number "(3)" the phrase "or (7)"; and Further amend said amendment and page, Line 24, by inserting immediately after the number "(3)" the phrase "or (7)"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. On motion of Representative Swan, House Amendment No. 1 to House Amendment No. 1 was adopted. Representative Cierpiot moved the previous question. Which motion was adopted by the following vote: AYES: 112 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Fraker Francis Franklin Frederick Gannon Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Higdon Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen McCaherty McGaugh Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman


Pike Plocher Redmon Rehder Reiboldt Reisch Remole Rhoads Roeber Rone Ross Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker NOES: 048 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Curtis Dunn Ellebracht Ellington Franks Jr Gray Green Harris Kendrick Lavender May McCann Beatty McCreery McDaniel McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Walker 74 Wessels PRESENT: 001 Roden ABSENT WITH LEAVE: 001 Shull 16 VACANCIES: 001

On motion of Representative Richardson, House Amendment No. 1, as amended, was adopted by the following vote, the ayes and noes having been demanded pursuant to Rule 16: AYES: 113 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtis Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 49 Fraker Franklin Frederick Gannon Green Gregory Grier Haahr Haefner Hannegan Hansen Helms Higdon Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen May McCaherty McGaugh Merideth 80 Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Plocher Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer


Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Mr. Speaker NOES: 045 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Dunn Ellebracht Fitzwater 144 Francis Franks Jr Gray Harris Henderson Kendrick Lavender McCann Beatty McCreery McDaniel Meredith 71 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Stevens 46 Unsicker Wessels Wood PRESENT: 001 Ellington ABSENT WITH LEAVE: 003 McGee Shull 16 Walker 74 VACANCIES: 001

Representative Rhoads offered House Amendment No. 2.


AMEND House Committee Substitute for House Bill No. 634, Page 5, Section 160.400, Line 155, by inserting immediately after the number "105.489." the following: "All members of the governing board shall be resident taxpayers of the state of Missouri; except that, any member serving a term as of August 28, 2017, may serve the remainder of his or her term even if such member is not a resident taxpayer of the state of Missouri."; and Further amend said bill and section, Page 6, Line 164, by deleting all of said line and inserting in lieu thereof the following: "charter schools. Charter schools shall meet [current] all state and federal requirements and shall meet the same academic performance standards required of seven-director school districts as well"; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Cierpiot moved the previous question. Which motion was adopted by the following vote: AYES: 108 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson


Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Fraker Francis Franklin Frederick Gannon Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Love Lynch Marshall Mathews Matthiesen McGaugh Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Plocher Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Ross Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker NOES: 045 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Dunn Ellebracht Franks Jr Gray Green Harris Kendrick Lavender May McCann Beatty McCreery McDaniel McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Unsicker Walker 74 Wessels PRESENT: 000 ABSENT WITH LEAVE: 009 Curtis Ellington Higdon Lichtenegger McCaherty Rone Shull 16 Spencer Stevens 46 VACANCIES: 001

On motion of Representative Rhoads, House Amendment No. 2 was adopted. Representative Lavender offered House Amendment No. 3.


AMEND House Committee Substitute for House Bill No. 634, Page 2, Section 160.400, Line 50, by deleting the phrase "section 160.425." on said line and inserting in lieu thereof the following:

"section 160.425. No college, university, school, or other entity under this subsection shall be eligible to sponsor a charter school if they are currently sponsoring a charter school that has a three year annual performance review lower than that required for accreditation."; and


Further amend said bill by amending the title, enacting clause, and intersectional references. Representative Evans raised a point of order that House Amendment No. 3 amends previously amended material. The Chair took the point of order under advisement. The Chair ruled the point of order not well taken. Representative Barnes (60) offered House Amendment No. 1 to House Amendment No. 3.



AMEND House Amendment No. 3 to House Committee Substitute for House Bill No. 634, Page 1, Lines 6-8, by deleting all of said lines and inserting in lieu thereof the following:

"The state board of education shall create a special administrative board for any school district that has a school with a three year annual performance report lower than that required for accreditation."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. House Amendment No. 1 to House Amendment No. 3 was withdrawn. Representative Taylor offered House Amendment No. 2 to House Amendment No. 3.



AMEND House Amendment No. 3 to House Committee Substitute for House Bill No. 634, Page 1, Line 6, by inserting before the words "No college" the following:

"The state board of education shall create a special administrative board for any school district that has a school with a three year annual performance report lower than that required for accreditation."; and Further amend said bill by amending the title, enacting clause, and intersectional references accordingly. Representative Lavender raised a point of order that a member was in violation of Rule 85. The Chair ruled the point of order not well taken. Representative Cierpiot moved the previous question. Which motion was adopted by the following vote:


AYES: 110

Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Crawford Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Ellington Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Fraker Francis Franklin Frederick Gannon Gregory Grier Haahr Haefner Hannegan Helms Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelley 127 Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen McGaugh Messenger Miller Moon Morris Muntzel Pfautsch Phillips Pietzman Pike Plocher Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker

NOES: 041

Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Carpenter Dunn Ellebracht Franks Jr Green Harris Kendrick Lavender May McCann Beatty McCreery McDaniel McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Unsicker Wessels

PRESENT: 001

Curtis

ABSENT WITH LEAVE: 010

Butler Conway 10 Gray Hansen Higdon McCaherty Neely Shull 16 Stevens 46 Walker 74

VACANCIES: 001

On motion of Representative Taylor, House Amendment No. 2 to House Amendment No. 3 was adopted. Representative Lavender moved that House Amendment No. 3, as amended, be adopted. Which motion was defeated by the following vote, the ayes and noes having been demanded pursuant to Article III, Section 26 of the Constitution:


AYES: 060 Adams Anders Arthur Bahr Bangert Baringer Barnes 28 Beck Bondon Brown 27 Burnett Burns Butler Carpenter Conway 10 Cookson Crawford Curtis Dunn Ellebracht Ellington Fraker Franks Jr Gannon Green Harris Hubrecht Hurst Kelley 127 Kendrick Korman Lavender Marshall May McCann Beatty McCreery McGee Meredith 71 Merideth 80 Mitten Moon Morgan Mosley Newman Nichols Peters Phillips Pierson Jr Quade Razer Redmon Roberts Rowland 155 Rowland 29 Runions Ruth Smith 85 Unsicker Walker 3 Wessels NOES: 096 Alferman Anderson Andrews Austin Barnes 60 Basye Beard Bernskoetter Berry Black Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Corlew Cornejo Cross Curtman Davis DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Francis Franklin Frederick Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Hill Houghton Houx Johnson Justus Kelly 141 Kidd Kolkmeyer Lant Lauer Lichtenegger Love Lynch Mathews Matthiesen McDaniel McGaugh Messenger Miller Morris Muntzel Neely Pfautsch Pietzman Pike Plocher Pogue Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo White Wiemann Wilson Wood Mr. Speaker PRESENT: 000 ABSENT WITH LEAVE: 006 Gray Higdon McCaherty Shull 16 Stevens 46 Walker 74 VACANCIES: 001

Representative Cierpiot moved the previous question. Which motion was adopted by the following vote: AYES: 109 Alferman Anderson Andrews Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Black Bondon Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson


Corlew Cornejo Crawford Cross Curtman DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 144 Fitzwater 49 Fraker Francis Franklin Frederick Gannon Gregory Grier Haahr Haefner Hannegan Hansen Helms Henderson Hill Houghton Houx Hubrecht Hurst Johnson Justus Kelly 141 Kidd Kolkmeyer Korman Lant Lauer Lichtenegger Love Lynch Marshall Mathews Matthiesen McGaugh Messenger Miller Moon Morris Muntzel Neely Pfautsch Phillips Pietzman Pike Plocher Redmon Rehder Reiboldt Reisch Remole Rhoads Roden Roeber Rone Ross Rowland 155 Ruth Schroer Shaul 113 Shumake Smith 163 Sommer Spencer Stacy Stephens 128 Swan Tate Taylor Trent Vescovo Walker 3 White Wiemann Wilson Wood Mr. Speaker NOES: 045 Adams Anders Arthur Bangert Baringer Barnes 28 Beck Brown 27 Burnett Burns Butler Carpenter Conway 10 Curtis Dunn Ellebracht Ellington Franks Jr Green Harris Kendrick Lavender May McCann Beatty McCreery McDaniel McGee Meredith 71 Merideth 80 Mitten Morgan Mosley Newman Nichols Peters Pierson Jr Pogue Quade Razer Roberts Rowland 29 Runions Smith 85 Unsicker Wessels PRESENT: 000 ABSENT WITH LEAVE: 008 Davis Gray Higdon Kelley 127 McCaherty Shull 16 Stevens 46 Walker 74 VACANCIES: 001

Speaker Richardson assumed the Chair.

On motion of Representative Roeber, the title of HCS HB 634, as amended, was agreed to. On motion of Representative Roeber, HCS HB 634, as amended, was adopted by the following vote, the ayes and noes having been demanded pursuant to Rule 16: AYES: 082 Alferman Anderson Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Curtis Curtman DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 49 Fraker


Franklin Frederick Green Gregory Grier Haahr Haefner Hannegan Helms Higdon Hill Houghton Hubrecht Hurst Johnson Justus Kelly 141 Kolkmeyer Lant Lichtenegger Love Lynch Marshall Mathews Matthiesen McCaherty Messenger Miller Muntzel Pietzman Plocher Rehder Reiboldt Remole Rhoads Roden Roeber Rone Ross Schroer Shumake Smith 163 Sommer Stacy Stephens 128 Swan Taylor Trent Vescovo White Wiemann Mr. Speaker NOES: 074 Adams Anders Andrews Arthur Bangert Baringer Barnes 28 Beck Black Bondon Brown 27 Burnett Burns Butler Carpenter Conway 10 Crawford Cross Dunn Ellebracht Fitzwater 144 Francis Franks Jr Gannon Hansen Harris Henderson Houx Kelley 127 Kendrick Kidd Korman Lauer Lavender May McCann Beatty McCreery McDaniel McGaugh McGee Meredith 71 Merideth 80 Mitten Moon Morgan Morris Mosley Neely Newman Nichols Peters Pfautsch Phillips Pierson Jr Pike Pogue Quade Razer Redmon Reisch Roberts Rowland 155 Rowland 29 Runions Ruth Smith 85 Spencer Tate Unsicker Walker 3 Walker 74 Wessels Wilson Wood PRESENT: 001 Ellington ABSENT WITH LEAVE: 005 Davis Gray Shaul 113 Shull 16 Stevens 46 VACANCIES: 001

On motion of Representative Roeber, HCS HB 634, as amended, was ordered perfected and printed by the following vote, the ayes and noes having been demanded pursuant to Article III, Section 26 of the Constitution: AYES: 083 Alferman Anderson Austin Bahr Barnes 60 Basye Beard Bernskoetter Berry Brattin Brown 57 Brown 94 Chipman Christofanelli Cierpiot Conway 104 Cookson Corlew Cornejo Curtis Curtman DeGroot Dogan Dohrman Eggleston Engler Evans Fitzpatrick Fitzwater 49 Fraker Franklin Frederick Green Gregory Grier Haahr Haefner Hannegan Helms Higdon Hill Houghton Hubrecht Hurst Johnson Justus Kelly 141 Kolkmeyer Lant Lichtenegger Love Lynch Marshall Mathews Matthiesen


McCaherty Messenger Miller Muntzel Pietzman Plocher Rehder Reiboldt Remole Rhoads Roden Roeber Rone Ross Schroer Shaul 113 Shumake Smith 163 Sommer Stacy Stephens 128 Swan Taylor Trent Vescovo White Wiemann Mr. Speaker NOES: 074 Adams Anders Andrews Arthur Bangert Baringer Barnes 28 Beck Black Bondon Brown 27 Burnett Burns Butler Carpenter Conway 10 Crawford Cross Dunn Ellebracht Fitzwater 144 Francis Franks Jr Gannon Hansen Harris Henderson Houx Kelley 127 Kendrick Kidd Korman Lauer Lavender May McCann Beatty McCreery McDaniel McGaugh McGee Meredith 71 Merideth 80 Mitten Moon Morgan Morris Mosley Neely Newman Nichols Peters Pfautsch Phillips Pierson Jr Pike Pogue Quade Razer Redmon Reisch Roberts Rowland 155 Rowland 29 Runions Ruth Smith 85 Spencer Tate Unsicker Walker 3 Walker 74 Wessels Wilson Wood PRESENT: 001 Ellington ABSENT WITH LEAVE: 004 Davis Gray Shull 16 Stevens 46 VACANCIES: 001

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 153. Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 662 entitled: An act to amend chapter 281, RSMo, by adding thereto one new section relating to the misuse of herbicides, with penalty provisions and an emergency clause. Emergency clause adopted. In which the concurrence of the House is respectfully requested.


REFERRAL OF HOUSE CONCURRENT RESOLUTIONS The following House Concurrent Resolution was referred to the Committee indicated: HCR 30 - Special Committee on Tourism

REFERRAL OF HOUSE BILLS The following House Bills were referred to the Committee indicated: HCS HB 634 - Fiscal Review SCS HCS HB 662 - Fiscal Review HB 509 - Elementary and Secondary Education

COMMITTEE REPORTS Committee on Crime Prevention and Public Safety, Chairman Phillips reporting: Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 293, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 24(25)(c) be referred to the Committee on Rules - Legislative Oversight by the following vote: Ayes (9): Baringer, Barnes (60), Dogan, Franks Jr., Hannegan, Hill, Lauer, Newman and Phillips

Noes (1): McDaniel

Absent (1): Rhoads Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 878, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 24(25)(c) be referred to the Committee on Rules - Legislative Oversight by the following vote: Ayes (9): Baringer, Barnes (60), Dogan, Franks Jr., Hannegan, Hill, Lauer, Newman and Phillips

Noes (1): McDaniel

Absent (1): Rhoads Committee on Judiciary, Chairman McGaugh reporting: Mr. Speaker: Your Committee on Judiciary, to which was authorized HCB 1, relating to judicial proceedings, begs leave to report it has examined the same and recommends that it Be Introduced by the following vote: Ayes (10): Beard, Corlew, DeGroot, Ellebracht, Gregory, McGaugh, Mitten, Roberts, Toalson Reisch and White

Noes (1): Marshall

Absent (0) Read the first time and copies ordered printed.


Mr. Speaker: Your Committee on Judiciary, to which was referred HB 765, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 24(25)(c) be referred to the Committee on Rules - Legislative Oversight by the following vote: Ayes (7): Beard, Corlew, DeGroot, Ellebracht, Gregory, McGaugh and White

Noes (4): Marshall, Mitten, Roberts and Toalson Reisch

Absent (0) Committee on Pensions, Chairman Walker (3) reporting: Mr. Speaker: Your Committee on Pensions, to which was referred HB 619, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 24(25)(b) be referred to the Committee on Rules - Administrative Oversight by the following vote: Ayes (9): Anders, Black, Brown (57), Crawford, Kendrick, Morgan, Pike, Rowland (155) and Walker (3)

Noes (3): Brown (27), Moon and Pogue

Absent (1): Rehder Special Committee on Employment Security, Chairman Brown (57) reporting: Mr. Speaker: Your Special Committee on Employment Security, to which was referred HB 1100, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Substitute, and pursuant to Rule 24(25)(b) be referred to the Committee on Rules - Administrative Oversight by the following vote: Ayes (7): Bahr, Brown (57), Dohrman, Frederick, Hansen, Hubrecht and Remole

Noes (4): Beck, Mosley, Pogue and Runions

Absent (2): Houx and May Committee on Rules - Legislative Oversight, Chairman Rhoads reporting: Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HB 39, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (10): Bondon, Butler, Curtis, Dogan, Fitzwater (49), Haahr, Lavender, Rhoads, Rone and Shumake

Noes (0)

Absent (4): Brown (94), Eggleston, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HB 182, begs leave to report it has examined the same and recommends that it Do Pass by the following vote:


Ayes (6): Bondon, Dogan, Fitzwater (49), Haahr, Rhoads and Shumake

Noes (3): Butler, Curtis and Lavender

Absent (5): Brown (94), Eggleston, Rone, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HCS HB 194, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (6): Bondon, Dogan, Fitzwater (49), Haahr, Rhoads and Shumake


Absent (5): Brown (94), Eggleston, Rone, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HCS HB 303, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (8): Bondon, Butler, Curtis, Dogan, Fitzwater (49), Haahr, Rhoads and Shumake

Noes (1): Lavender

Absent (5): Brown (94), Eggleston, Rone, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HCS HB 415, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (7): Bondon, Dogan, Fitzwater (49), Haahr, Rhoads, Rone and Shumake


Absent (4): Brown (94), Eggleston, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HB 708, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (10): Bondon, Butler, Curtis, Dogan, Fitzwater (49), Haahr, Lavender, Rhoads, Rone and Shumake

Noes (0)

Absent (4): Brown (94), Eggleston, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HCS HB 741, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (10): Bondon, Butler, Curtis, Dogan, Fitzwater (49), Haahr, Lavender, Rhoads, Rone and Shumake Noes (0) Absent (4): Brown (94), Eggleston, Shull (16) and Wessels


Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HCS HB 780, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (10): Bondon, Butler, Curtis, Dogan, Fitzwater (49), Haahr, Lavender, Rhoads, Rone and Shumake Noes (0) Absent (4): Brown (94), Eggleston, Shull (16) and Wessels Mr. Speaker: Your Committee on Rules - Legislative Oversight, to which was referred HCS HBs 908 & 757, begs leave to report it has examined the same and recommends that it Do Pass by the following vote: Ayes (7): Bondon, Dogan, Fitzwater (49), Haahr, Rhoads, Rone and Shumake Noes (3): Butler, Curtis and Lavender Absent (4): Brown (94), Eggleston, Shull (16) and Wessels

ADVANCEMENT OF HOUSE BILLS - CONSENT Pursuant to Rule 48, the following bills, having remained on the House Consent Calendar for Perfection for five legislative days, were ordered perfected and printed by consent with all committee substitutes and committee amendments thereto adopted and perfected by consent: HB 871, HB 850, HB 805, HCS HB 645, HB 909 and HB 1045.

COMMITTEE APPOINTMENTS

March 15, 2017 Mr. Adam Crumbliss Chief Clerk Missouri House of Representatives State Capitol, Room 317A Jefferson City, MO 65101 Dear Mr. Crumbliss: I hereby appoint Representative Scott Fitzpatrick to the Missouri State Capitol Commission. If you have any questions, please feel free to contact my office. Sincerely, /s/ Todd Richardson Speaker of the Missouri House of Representatives 152nd District

ADJOURNMENT On motion of Representative Cierpiot, the House adjourned until 10:00 a.m., Thursday, March 16, 2017.


COMMITTEE HEARINGS BUDGET Thursday, March 16, 2017, 9:00 AM, House Hearing Room 3. Executive session will be held: HB 1110, HB 986 Executive session may be held on any matter referred to the committee. CANCELLED CONSENT AND HOUSE PROCEDURE Thursday, March 16, 2017, 11:30 AM or upon adjournment (whichever is later), House Hearing Room 6. Executive session will be held: HCS HB 915 Executive session may be held on any matter referred to the committee. CONSENT AND HOUSE PROCEDURE Thursday, March 16, 2017, 8:30 AM, House Hearing Room 5. Executive session will be held: HB 956, HB 897, HCS HB 914, HB 1009, HCS HB 831 Executive session may be held on any matter referred to the committee. Adding HB 897, HCS HB 914, HB 1009, and HCS HB 831 AMENDED CORRECTIONS AND PUBLIC INSTITUTIONS Thursday, March 16, 2017, 8:00 AM, House Hearing Room 1. Public hearing will be held: HB 508 Executive session may be held on any matter referred to the committee. ECONOMIC DEVELOPMENT Thursday, March 16, 2017, 9:00 AM, South Gallery. Executive session will be held: HB 352, HB 476, HB 133 Executive session may be held on any matter referred to the committee. ELEMENTARY AND SECONDARY EDUCATION Thursday, March 16, 2017, upon adjournment, South Gallery. Executive session will be held: HB 187, HB 254, HB 457, HB 888 Executive session may be held on any matter referred to the committee. FISCAL REVIEW Thursday, March 16, 2017, 8:30 AM, House Hearing Room 6. Executive session may be held on any matter referred to the committee. JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT Thursday, March 16, 2017, 9:00 AM, Senate Committee Room 2. Executive session may be held on any matter referred to the committee. First quarter meeting.


LEGISLATIVE TASK FORCE ON DYSLEXIA Friday, March 31, 2017, 9:00 AM, House Hearing Room 7. Executive session may be held on any matter referred to the committee. We will be hearing testimony on teacher preparation and professional development. RULES - LEGISLATIVE OVERSIGHT Thursday, March 16, 2017, 9:30 AM, South Gallery. Executive session will be held: HCS HB 608, HB 705 Executive session may be held on any matter referred to the committee. Adding HB 705. AMENDED SPECIAL COMMITTEE ON HOMELAND SECURITY Thursday, March 16, 2017, 8:00 AM, House Hearing Room 4. Public hearing will be held: HCR 48 Executive session may be held on any matter referred to the committee. Pursuant to Article III, Section 18 of the Missouri Constitution, and 610.021(10), (19), (20) and (21) RSMo, portions of the meeting may be closed. AMENDED SPECIAL COMMITTEE ON TAX POLICY FOR WORKING FAMILIES Thursday, March 16, 2017, 9:00 AM, House Hearing Room 7. Public hearing will be held: HB 109 Executive session may be held on any matter referred to the committee. SUBCOMMITTEE ON CORRECTIONS WORKFORCE ENVIRONMENT AND CONDUCT Thursday, March 16, 2017, 8:15 AM or upon adjournment of the Corrections and Public Institutions Committee meeting, House Hearing Room 1. Executive session may be held on any matter referred to the committee. The subcommittee will continue to hear testimony from current and former employees of the Department of Corrections.

HOUSE CALENDAR

FORTY-THIRD DAY, THURSDAY, MARCH 16, 2017

HOUSE COMMITTEE BILLS FOR SECOND READING HCB 1 HOUSE BILLS FOR PERFECTION HB 459 - Kolkmeyer HB 463 - Kolkmeyer HCS HBs 90 & 68 - Rehder


HCS HB 275 - Spencer HB 111 - Mathews HCS HB 159 - McGaugh HCS HB 181 - Phillips HB 719 - Rhoads HCS HB 142 - Berry HB 571 - Engler HCS HB 576 - McCaherty HB 104, HA 2 HA 1 and HA 1, a.a., pending - Love HCS HB 174 - Hubrecht HOUSE BILLS FOR PERFECTION - CONSENT (03/15/2017) HB 964 - Kendrick HB 843 - McGaugh HB 697 - Trent HOUSE CONCURRENT RESOLUTIONS FOR THIRD READING HCR 6 - Justus HCR 12 - Grier HOUSE COMMITTEE BILLS FOR THIRD READING HCB 3 - Alferman HOUSE BILLS FOR THIRD READING HCS HB 151, E.C. - Corlew HB 327, (Fiscal Review 3/2/17) - Morris HB 401 - McDaniel HCS HB 452 - Austin HB 175 - Reiboldt HCS HB 229 - Dogan HCS HB 270 - Evans HB 349 - Brown (57) HCS HB 634, (Fiscal Review 3/15/17) - Roeber HOUSE BILLS FOR THIRD READING - CONSENT HB 871 - Davis HB 850 - Davis HB 805 - Basye HCS HB 645 - Phillips


HB 909 - Fraker HB 1045 - Haahr SENATE BILLS FOR THIRD READING - CONSENT SCS SB 52, E.C. - Frederick HOUSE BILLS WITH SENATE AMENDMENTS SCS HCS HB 662, (Fiscal Review 3/15/17), E.C. - Rone ACTIONS PURSUANT TO ARTICLE IV, SECTION 27 HCS HB 2001 - Fitzpatrick CCS SCS HCS HB 2002 - Fitzpatrick CCS SCS HCS HB 2003 - Fitzpatrick CCS SCS HCS HB 2004 - Fitzpatrick CCS SCS HCS HB 2005 - Fitzpatrick CCS SCS HCS HB 2006 - Fitzpatrick CCS SCS HCS HB 2007 - Fitzpatrick CCS SCS HCS HB 2008 - Fitzpatrick CCS SCS HCS HB 2009 - Fitzpatrick CCS SCS HCS HB 2010 - Fitzpatrick CCS SCS HCS HB 2011 - Fitzpatrick CCS SCS HCS HB 2012 - Fitzpatrick HCS HB 2013 - Fitzpatrick SCS HCS HB 2017 - Fitzpatrick SS SCS HCS HB 2018 - Fitzpatrick


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