Second Regular Session, 90th General Assembly
SIXTY-SECOND DAY, Monday, May 1, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Father David Buescher.
Compassionate God, search the minds and hearts of our Representatives today. Replace any hesitation with decisiveness, despair with hope, fatigue with vigor. Sharpen our intelligence and Your wisdom. Fill that wisdom with Your insight. As this session begins in Your shadow, let it find its goal in Your light. Bless this House, faithful God, now and forever. 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: Windsor Esther, Maddy Esther, Joseph Esther and Eliza Esther.
The Journal of the sixty-first day was approved as corrected by the following vote:
AYES: 085
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Gratz Green
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McKenna McLuckie Merideth
Monaco Murray O'Connor O'Toole Overschmidt
Parker Ransdall Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Treadway
Troupe Van Zandt Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
NOES: 072
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Berkstresser Black Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Griesheimer
Gross Hanaway Hartzler 124 Hegeman Hendrickson
Hohulin Holand Howerton Kasten Kelley 47
King Klindt Legan Levin Linton
Lograsso Long Loudon Luetkemeyer Marble
McClelland Miller Murphy Myers Naeger
Nordwald Ostmann Patek Phillips Pouche 30
Purgason Reinhart Richardson Ridgeway Robirds
Ross Sallee Schwab Scott Secrest
Shields Summers Surface Townley Tudor
Vogel Wright
PRESENT: 001
Reid
ABSENT WITH LEAVE: 004
Blunt Hartzler 123 Pryor Stokan
VACANCIES: 001
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1307 - Representative Murray
House Resolution No. 1308
through
House Resolution No. 1321 - Representative Levin
House Resolution No. 1322 - Representative Murray
House Resolution No. 1323
through
House Resolution No. 1327 - Representative Britt
House Resolution No. 1328 - Representatives Fraser, Bray and Thompson
House Resolution No. 1329
through
House Resolution No. 1332 - Representative Kreider
House Resolution No. 1333
and
House Resolution No. 1334 - Representative Britt
House Resolution No. 1335 - Representative Secrest
House Resolution No. 1336
through
House Resolution No. 1339 - Representative Lograsso
House Resolution No. 1340
through
House Resolution No. 1350 - Representative McClelland
House Resolution No. 1351 - Representative Boucher
House Resolution No. 1352
through
House Resolution No. 1354 - Representative Schwab
House Resolution No. 1355
through
House Resolution No. 1359 - Representative Ward
House Resolution No. 1360
through
House Resolution No. 1364 - Representative Kelley (47)
House Resolution No. 1365 - Representatives Gaskill and Bartelsmeyer
House Resolution No. 1366 - Representative Hegeman
House Resolution No. 1367
and
House Resolution No. 1368 - Representative Abel
House Resolution No. 1369
through
House Resolution No. 1372 - Representative Williams (121)
SECOND READING OF SENATE BILLS
SCS SBs 538 & 565, SS SCS SB 885, SS SCS SB 926 and SCS SBs 959 & 598 were
read the second time.
PERFECTION OF HOUSE BILLS
HCS HB 1888, relating to loan repayment assistance for teachers, was taken up by Representative Wilson (42).
Representative Wilson (42) offered HS HCS HB 1888.
Representative Shields raised a point of order that HS HCS HB 1888 is not a true substitute.
The Chair ruled the point of order not well taken.
Representative McClelland offered House Amendment No. 1.
Representative Monaco raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Kissell offered House Amendment No. 1.
Representative Monaco raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Relford offered House Amendment No. 1.
Representative Monaco raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
On motion of Representative Wilson (42), HS HCS HB 1888 was adopted.
On motion of Representative Wilson (42), HS HCS HB 1888 was ordered perfected and printed.
HB 1159, relating to income tax on public pensions, was taken up by Representative Boucher.
Representative Gibbons offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 1159, Page 2, Section 143.121, Line 46, by deleting the words "and university employees" and inserting in lieu thereof the following:
", university employees and any other employee with a retirement allowance received from any privately funded sources."; and
Further amend said bill, Page 4, Section 143.124, Lines 56-61, by deleting all of said lines.
Representative Marble offered House Substitute Amendment No. 1 for House Amendment No. 1.
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Bill No. 1159, Page 2, Section 143.121, Lines 44-46, by deleting all of said lines and inserting in lieu thereof the words "provided to the taxpayer."; and
Further amend said bill, Page 4, Section 143.124, Lines 56-61, by deleting all of said lines.
On motion of Representative Marble, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted by the following vote:
AYES: 148
Abel Akin Alter Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Black Blunt Boatright Bonner
Boucher 48 Boykins Britt Brooks Burton
Campbell Champion Chrismer Cierpiot Clayton
Crawford Crump Curls Davis 122 Davis 63
Days Dolan Dougherty Elliott Enz
Evans Farnen Fitzwater Foley Ford
Foster Franklin Fraser Froelker Gambaro
Gaskill George Gibbons Graham 106 Graham 24
Gratz Green Griesheimer Gross Gunn
Hampton Hanaway Hartzler 124 Hegeman Hickey
Hohulin Holand Hollingsworth Hoppe Hosmer
Howerton Kasten Kelley 47 Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkemeyer Luetkenhaus Marble May 108 McBride
McClelland McKenna McLuckie Merideth Miller
Monaco Murphy Murray Myers Naeger
Nordwald O'Connor O'Toole Ostmann Overschmidt
Parker Patek Phillips Pouche 30 Pryor
Purgason Ransdall Reid Reinhart Relford
Reynolds Richardson Ridgeway Riley Rizzo
Ross Sallee Scheve Schwab Scott
Secrest Seigfreid Selby Shields Skaggs
Smith Summers Surface Thompson Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 009
Berkstresser Bray 84 Hartzler 123 Hilgemann Mays 50
Robirds Schilling Shelton Townley
PRESENT: 001
Hendrickson
ABSENT WITH LEAVE: 004
Auer Hagan-Harrell Harlan Stokan
VACANCIES: 001
Representative Riback Wilson (25) offered House Amendment No. 2.
House Amendment No. 2
AMEND House Bill No. 1159, Page 5, Section 143.124, Line 90, by inserting after all of said line the following:
"Section 1. 1. For all taxable years beginning on or after January 1, 2001, a resident individual who is allowed a federal earned income tax credit pursuant to section 32 of the Internal Revenue Code shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to two and one-half percent of the allowable federal earned income tax credit. The tax credit allowed by this section shall be claimed by such individual at the time such individual files a return and shall be applied against the income tax liability imposed by chapter 143, RSMo. Where the amount of the credit exceeds the tax liability, the difference shall be refunded to the taxpayer or carried forward into any subsequent taxable year.
2. The director of the department of revenue shall promulgate rules and regulations to administer the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.
3. Notwithstanding the provision of subsection 4 of section 32.057, RSMo, the department of revenue or any duly authorized employee or agent shall determine whether any taxpayer filing a report or return with the department of revenue who has not applied for the credit allowed pursuant to subsection 1 of this section may qualify for the credit, and shall notify any qualified claimant of his or her potential eligibility, where the department determines such potential eligibility exists.
4. Any tax credit allowed pursuant to this section shall be excluded from the calculation of Missouri adjusted gross income as defined in section 143.121, RSMo."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Gibbons raised a point of order that House Amendment No. 2 goes beyond the scope and is not germane to the bill.
The Chair ruled the point of order not well taken.
Representative Gross offered House Amendment No. 1 to House Amendment No. 2.
House Amendment No. 1
to
House Amendment No. 2
AMEND House Amendment No. 2 to House Bill No. 1159, Page 1, Section 1, Line 4 of said section, by inserting after the word "a" the word"nonrefundable"; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Gross moved that House Amendment No. 1 to House Amendment No. 2 be adopted.
Which motion was defeated.
On motion of Representative Riback Wilson (25), House Amendment No. 2 was adopted by the following vote:
AYES: 149
Abel Akin Backer Barnett Barry 100
Bartelsmeyer Bartle Bennett Berkowitz Blunt
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Burton Campbell Champion Chrismer
Cierpiot Clayton Crawford Crump Curls
Davis 122 Davis 63 Days Dolan Dougherty
Elliott Enz Evans Farnen Fitzwater
Foley Ford Foster Franklin Fraser
Froelker Gambaro Gaskill George Gibbons
Graham 106 Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hickey Hilgemann Holand Hollingsworth Hoppe
Hosmer Howerton Kasten Kelley 47 Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Long Loudon
Luetkemeyer Luetkenhaus May 108 Mays 50 McBride
McClelland McKenna McLuckie Merideth Miller
Monaco Murphy Murray Myers Naeger
Nordwald O'Connor O'Toole Ostmann Overschmidt
Parker Patek Pouche 30 Pryor Purgason
Ransdall Reid Reinhart Relford Reynolds
Richardson Ridgeway Riley Rizzo Ross
Sallee Scheve Schilling Schwab Scott
Secrest Seigfreid Selby Shelton Shields
Skaggs Smith Summers Surface Thompson
Treadway Troupe Tudor Van Zandt Vogel
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 009
Alter Ballard Berkstresser Boatright Hohulin
Marble Phillips Robirds Townley
PRESENT: 000
ABSENT WITH LEAVE: 004
Auer Black Lograsso Stokan
VACANCIES: 001
Representative Kelly (27) offered House Amendment No. 3.
House Amendment No. 3
AMEND House Bill No. 1159, Page 1, Section A, Line 3, by inserting after all of said line the following:
"143.114. 1. For all taxable years beginning on or after January 1, 2001, but before January 1, 2006, there shall be subtracted from an individual's Missouri adjusted gross income an amount equal to the lesser of two thousand dollars or one hundred percent of the amount paid by such individual during his or her taxable year for documented health insurance premiums and out-of-pocket medical costs to the extent such amount is included in the individual's federal adjusted gross income and to the extent such amount is not otherwise deducted therefrom pursuant to any other law and is not reimbursed by any source. For purposes of this section, "out-of-pocket medical costs" are those medical expenses deductible pursuant to section 213 of the Internal Revenue Code and rulings interpreting section 213 of the Internal Revenue Code. The deduction allowed pursuant to this section shall not be refundable.
2. The deduction provided in this section shall be available to an individual whether such individual elects to itemize his or her deductions or elects to deduct the Missouri standard deduction. A married individual filing a Missouri income tax return separately from his or her spouse shall be allowed to make a deduction pursuant to this section in an amount equal to the proportion of such individual's payment of health insurance premiums and out-of-pocket medical expenses.
3. The director of the department of revenue shall place a line on all Missouri individual income tax returns for the deduction created by this section."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Kelly (27), House Amendment No. 3 was adopted.
Representative Scheve offered House Amendment No. 4.
House Amendment No. 4
AMEND House Bill No. 1159, Page 1, Section A, Line 3, by inserting after all of said line the following:
"135.010. As used in sections 135.010 to 135.030 the following words and terms mean:
(1) "Claimant", a person or persons claiming a credit [under] pursuant to sections 135.010 to 135.030. If the persons are eligible to file a joint federal income tax return and reside at the same address at any time during the taxable year, then the credit may only be allowed if claimed on a combined Missouri income tax return or a combined claim return reporting their combined incomes and property taxes. A claimant shall not be allowed a property tax credit unless the claimant or spouse has attained the age of sixty-five on or before the last day of the calendar year and the claimant or spouse was a resident of Missouri for the entire year, or the claimant or spouse is a veteran of any branch of the armed forces of the United States or this state who became one hundred percent disabled as a result of such service, or the claimant or spouse is disabled as defined in subdivision (2) of this section, and such claimant or spouse provides proof of such disability in such form and manner, and at such times, as the director of revenue may require, or if the claimant has reached the age of sixty on or before the last day of the calendar year and such claimant received surviving spouse Social Security benefits during the calendar year and the claimant provides proof, as required by the director of revenue, that the claimant received surviving spouse Social Security benefits during the calendar year for which the credit will be claimed. The residency requirement shall be deemed to have been fulfilled for the purpose of determining the eligibility of a surviving spouse for a property tax credit if a person of the age of sixty-five years or older who would have otherwise met the requirements for a property tax credit dies before the last day of the calendar year. The residency requirement shall also be deemed to have been fulfilled for the purpose of determining the eligibility of a claimant who would have otherwise met the requirements for a property tax credit but who dies before the last day of the calendar year;
(2) "Disabled", the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve months. A claimant shall not be required to be gainfully employed prior to such disability to qualify for a property tax credit;
(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 or she 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 to exceed five acres of land surrounding it as is reasonably necessary for use of the dwelling as a home. It may consist of part of a multidwelling or multipurpose building and part of the land upon which it is built. "Owned" includes a vendee in possession under a land contract and one or more tenants by the entireties, joint tenants, or tenants in common and includes a claimant actually in possession if he was the immediate former owner of record, if a lineal descendant is presently the owner of record, and if the claimant actually pays all taxes upon the property. It may include a mobile home;
(5) "Income", Missouri adjusted gross income as defined in section 143.121, RSMo, less two thousand dollars as an exemption for the claimant's spouse residing at the same address, and less any social security, railroad retirement and public school retirement system benefits otherwise included in Missouri adjusted gross income, and increased, where necessary, to reflect the following:
(a) [Social Security, railroad retirement, and] Veterans payments and benefits unless the claimant is a one hundred percent service-connected, disabled veteran or a spouse of a one hundred percent service-connected, disabled veteran. The one hundred percent service-connected disabled veteran shall not be required to list veterans payments and benefits;
(b) The total amount of all other public and private pensions and annuities;
(c) Public relief, public assistance, and unemployment benefits received in cash, other than benefits received under this chapter;
(d) No deduction being allowed for losses not incurred in a trade or business;
(e) Interest on the obligations of the United States, any state, or any of their subdivisions and instrumentalities;
(6) "Property taxes accrued", property taxes paid, exclusive of special assessments, penalties, interest, and charges for service levied on a claimant's homestead in any calendar year. Property taxes shall qualify for the credit only if actually paid prior to the date a return is filed. The director of revenue shall require a tax receipt or other proof of property tax payment. If a homestead is owned only partially by claimant, then "property taxes accrued" is that part of property taxes levied on the homestead which was actually paid by the claimant. For purposes of this subdivision, property taxes are "levied" when the tax roll is delivered to the director of revenue for collection. If a claimant owns a homestead part of the preceding calendar year and rents it or a different homestead for part of the same year, "property taxes accrued" means only taxes levied on the homestead both owned and occupied by the claimant, multiplied by the percentage of twelve months that such property was owned and occupied as the homestead of the claimant during the year. When a claimant owns and occupies two or more different homesteads in the same calendar year, property taxes accrued shall be the sum of taxes allocable to those several properties occupied by the claimant as a homestead for the year. If a homestead is an integral part of a larger unit such as a farm, or multipurpose or multidwelling building, property taxes accrued shall be that percentage of the total property taxes accrued as the value of the homestead is of the total value. For purposes of this subdivision "unit" refers to the parcel 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 title, enacting clause and intersectional references accordingly.
On motion of Representative Scheve, House Amendment No. 4 was adopted.
Representative Hanaway offered House Amendment No. 5.
House Amendment No. 5
AMEND House Bill No. 1159, Page 5, Section B, Line 2, by inserting after said line the following:
"137.115. 1. All other laws to the contrary notwithstanding, the assessor or the assessor's deputies in all counties of this state including the city of St. Louis shall annually make a list of all real and tangible personal property taxable in the assessor's city, county, town or district. Except as otherwise provided in subsection 3 of this section, the assessor shall annually assess all personal property at thirty-three and one-third percent of its true value in money as of January first of each calendar year. The assessor shall annually assess all real property, including any new construction and improvements to real property, and possessory interests in real property at the percent of its true value in money set in subsection 5 of this section. The assessor shall annually assess all real property in the following manner: new assessed values shall be determined as of January first of each odd-numbered year and shall be entered in the assessor's books; those same assessed values shall apply in the following even-numbered year, except for new construction and property improvements which shall be valued as though they had been completed as of January first of the preceding odd-numbered year. The assessor may call at the office, place of doing business, or residence of each person required by this chapter to list property, and require the person to make a correct statement of all taxable real property in the county owned by the person, or under his or her care, charge or management, and all taxable tangible personal property owned by the person or under his or her care, charge or management, taxable in the county. On or before January first of each even-numbered year, the assessor shall prepare and submit a two-year assessment maintenance plan to the county governing body and the state tax commission for their respective approval or modification. The county governing body shall approve and forward such plan or its alternative to the plan to the state tax commission by February first. If the county governing body fails to forward the plan or its alternative to the plan to the state tax commission by February first, the assessor's plan shall be considered approved by the county governing body. If the state tax commission fails to approve a plan and if the state tax commission and the assessor and the governing body of the county involved are unable to resolve the differences, in order to receive state cost-share funds outlined in section 137.750, the county or the assessor shall petition the administrative hearing commission, by May first, to decide all matters in dispute regarding the assessment maintenance plan. Upon agreement of the parties, the matter may be stayed while the parties proceed with mediation or arbitration upon terms agreed to by the parties. The final decision of the administrative hearing commission shall be subject to judicial review in the circuit court of the county involved. In the event a valuation of subclass (1) real property within any county of the first classification with a charter form of government, or within a city not within a county, is made by a computer, computer-assisted method or a computer program, the burden of proof, supported by clear, convincing and cogent evidence to sustain such valuation, shall be on the assessor at any hearing or appeal. In any such county, unless the assessor proves otherwise, there shall be a presumption that the assessment was made by a computer, computer-assisted method or a computer program. Such evidence shall include, but shall not be limited to, the following:
(1) The findings of the assessor based on an appraisal of the property by generally accepted appraisal techniques; and
(2) The purchase prices from sales of at least three comparable properties and the address or location thereof. As used in this paragraph, the word "comparable" means that:
(a) Such sale was closed at a date relevant to the property valuation; and
(b) Such properties are not more than one mile from the site of the disputed property, except where no similar properties exist within one mile of the disputed property, the nearest comparable property shall be used. Such property shall be within five hundred square feet in size of the disputed property, and resemble the disputed property in age, floor plan, number of rooms, and other relevant characteristics.
2. Assessors in each county of this state and the city of St. Louis may send personal property assessment forms through the mail.
3. The following items of personal property shall each constitute separate subclasses of tangible personal property and shall be assessed and valued for the purposes of taxation at the following percents of their true value in money:
(1) Grain and other agricultural crops in an unmanufactured condition, one-half of one percent;
(2) Livestock, twelve percent;
(3) Farm machinery, twelve percent;
(4) Motor vehicles which are eligible for registration as and are registered as historic motor vehicles pursuant to section 301.131, RSMo, and aircraft which are at least twenty-five years old and which are used solely for noncommercial purposes and are operated less than fifty hours per year or aircraft that are home built from a kit, five percent;
(5) Poultry, twelve percent; and
(6) Tools and equipment used for pollution control and tools and equipment used in retooling for the purpose of introducing new product lines or used for making improvements to existing products by any company which is located in a state enterprise zone and which is identified by any standard industrial classification number cited in subdivision (6) of section 135.200, RSMo, twenty-five percent.
4. The person listing the property shall enter a true and correct statement of the property, in a printed blank prepared for that purpose. The statement, after being filled out, shall be signed and either affirmed or sworn to as provided in section 137.155. The list shall then be delivered to the assessor.
5. All subclasses of real property, as such subclasses are established in section 4(b) of article X of the Missouri Constitution and defined in section 137.016, shall be assessed at the following percentages of true value:
(1) For real property in subclass (1), nineteen percent;
(2) For real property in subclass (2), twelve percent; and
(3) For real property in subclass (3), thirty-two percent.
6. Manufactured homes, as defined in section 700.010, RSMo, which are actually used as dwelling units shall be assessed at the same percentage of true value as residential real property for the purpose of taxation. The percentage of assessment of true value for such manufactured homes shall be the same as for residential real property. If the county collector cannot identify or find the manufactured home when attempting to attach the manufactured home for payment of taxes owed by the manufactured home owner, the county collector may request the county commission to have the manufactured home removed from the tax books, and such request shall be granted within thirty days after the request is made; however, the removal from the tax books does not remove the tax lien on the manufactured home if it is later identified or found. A manufactured home located in a manufactured home rental park, rental community or on real estate not owned by the manufactured home owner shall be considered personal property. A manufactured home located on real estate owned by the manufactured home owner may be considered real property.
7. Each manufactured home assessed shall be considered a parcel for the purpose of reimbursement pursuant to section 137.750, unless the manufactured home has been converted to real property in compliance with section 700.111, RSMo, and assessed as a realty improvement to the existing real estate parcel.
8. Any amount of tax due and owing based on the assessment of a manufactured home shall be included on the personal property tax statement of the manufactured home owner unless the manufactured home has been converted to real property in compliance with section 700.111, RSMo, in which case the amount of tax due and owing on the assessment of the manufactured home as a realty improvement to the existing real estate parcel shall be included on the real property tax statement of the real estate owner.
9. The assessor of each county and each city not within a county shall use the trade-in value published in the October issue of the National Automobile Dealers' Association Official Used Car Guide, or its successor publication, as the recommended guide of information for determining the true value of motor vehicles described in such publication. In the absence of a listing for a particular motor vehicle in such publication, the assessor shall use such information or publications which in the assessor's judgment will fairly estimate the true value in money of the motor vehicle.
10. If the assessor increases the assessed valuation of any parcel of subclass (1) real property by more than seventeen percent since the last assessment, excluding increases due to new construction or improvements, then the assessor shall conduct a physical inspection of such property.
11. A homestead exemption pursuant to article X, section 6(a) of the Missouri Constitution shall be allowed for certain real property pursuant to this subsection.
(1) The assessed value of real property satisfying the following criteria shall not be increased by the annual assessments made of real property by the assessor:
(a) The real property is owned by a person eighty years of age or older, or jointly owned by at least one person eighty years of age or older and other persons all of whom are sixty-five years of age or older; and
(b) The real property is used by the owner as the owner's principal residence and has been used as such for the preceding five years, or when jointly owned the property is used by all joint owners as their principal residence and has been used as such by all joint owners for the preceding five years;
(2) The exemption shall be for that portion of the assessed valuation of the homestead which exceeds the assessed valuation of the homestead in the year the owner reaches eighty years of age or on the effective date of this section, whichever is later;
(3) An eligible property owner may file for such an exemption with the county clerk on a form provided by the state tax commission by June first of the year preceding the first year for which the exemption is to be made. The property owner filing the form shall sign such form attesting to the truth of the information provided by such owner. If the property for which the homestead exemption is sought has joint owners, then any such joint owner may file for the exemption. When any joint owner has elected to file for an exemption all other joint owners shall be bound by such election and the other joint owners shall not subsequently be eligible to file for an exemption for the jointly owned property. No provisions of this section shall be construed to deny the granting of an exemption to property owned by married joint owners when only one of such owners is eligible for the exemption. The applicant shall state on the request that all requirements of subdivision (1) of this subsection are satisfied. The applicant shall file a copy of the person's birth certificate with the county clerk to establish eligibility for the exemption. The applicant shall also file as part of the request a copy of the applicant's most recent Missouri income tax return. The applicant shall sign such request attesting to the truth of the information provided. Once an exemption has been granted, the property owners who filed for the exemption shall not be required to refile for any succeeding year and the property shall remain exempted unless or until the property has a new owner or pursuant to subdivision (6) of this subsection;
(4) The county clerk shall verify from the birth certificate and form that the applicant is eligible for such exemption, and if the applicant is so eligible, the county clerk shall notify the county assessor, county collector and the state tax commission. In addition, the county clerk shall annually deliver to each political subdivision or other taxing jurisdiction which has levied ad valorem property taxes on the properties for which exemptions are granted pursuant to this section a listing of each parcel of real property for which the exemptions are granted;
(5) Any exemption granted pursuant to this subsection shall have no effect on the tax levied for the blind pension fund, pursuant to section 38(b) of article III of the Missouri Constitution, on the property for which the exemption is granted. The tax, however, shall not be collected from the person granted the exemption but a payment in lieu of such tax shall be made by the county within which such property lies. The county shall be reimbursed pursuant to subdivision (5) of this subsection for any revenues lost due to this subdivision;
(6) Pursuant to the requirements of sections 6(a) and 16 of article X of the Missouri Constitution, any taxing jurisdiction or political subdivision shall recover the loss of revenue caused by this subsection from the state. The state tax commission shall certify to the commissioner of administration to issue vouchers to any such taxing jurisdiction or political subdivision upon the availability of appropriations. Each calendar year beginning in 2001 the state tax commission shall estimate the total loss of revenue to all taxing jurisdictions and political subdivisions in the next succeeding year resulting from the homestead exemptions granted in the current year. The state tax commission shall report such estimate to the general assembly before February first of every year. If the general assembly determines there will be insufficient total state revenues, as defined by section 17 of article X of the Missouri Constitution, for the taxing jurisdictions and political subdivisions of the state to recover the estimated loss of revenue caused by the homestead exemption the general assembly may declare that there will be no homestead exemption for the succeeding year.
Section B. Section 137.115 of this act shall become effective on January 1, 2002."; and
Further amend the title and enacting clause accordingly.
Representative Monaco raised a point of order that House Amendment No. 5 is not germane to the bill.
The Chair ruled the point of order not well taken.
Representative Monaco assumed the Chair.
Representative Gunn offered House Amendment No. 1 to House Amendment No. 5.
House Amendment No. 1
to
House Amendment No. 5
AMEND House Amendment No. 5 to House Bill No. 1159, Page 6, Section 137.115, Line 22, by deleting the number "eighty" and inserting in lieu thereof the number "sixty-five"; and
Further amend said page, Line 23, by deleting the number "eighty" and inserting in lieu thereof the number "sixty-five".
On motion of Representative Gunn, House Amendment No. 1 to House Amendment No. 5 was adopted.
On motion of Representative Hanaway, House Amendment No. 5, as amended, was adopted.
Representative Levin offered House Amendment No. 6.
House Amendment No. 6
AMEND House Bill No. 1159, Page 2, Section 143.121, Line 46, by inserting after said line the following:
"(h) The amount of any social security benefits included in federal adjusted gross income pursuant to section 86 of the Internal Revenue Code.".
On motion of Representative Levin, House Amendment No. 6 was adopted by the following vote:
AYES: 152
Abel Akin Alter Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt Boatright
Bonner Boucher 48 Boykins Britt Brooks
Burton Campbell Champion Chrismer Cierpiot
Clayton Crawford Crump Curls Davis 122
Davis 63 Days Dolan Dougherty Elliott
Enz Evans Farnen Fitzwater Foley
Ford Foster Franklin Fraser Froelker
Gambaro George Gibbons Graham 106 Graham 24
Gratz Green Griesheimer Gross Gunn
Hagan-Harrell Hampton Hanaway Hartzler 123 Hartzler 124
Hegeman Hickey Hilgemann Hohulin Holand
Hollingsworth Hoppe Hosmer Howerton Kasten
Kelley 47 Kelly 27 Kennedy King Kissell
Klindt Koller Kreider Lakin Lawson
Leake Legan Levin Liese Linton
Long Loudon Luetkemeyer Luetkenhaus Marble
May 108 Mays 50 McBride McClelland McKenna
McLuckie Merideth Miller Monaco Murphy
Murray Myers Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Parker Patek
Phillips Pouche 30 Purgason Ransdall Reid
Reinhart Relford Reynolds Richardson Ridgeway
Riley Rizzo Robirds Ross Sallee
Scheve Schwab Scott Secrest Seigfreid
Selby Shelton Shields Smith Summers
Surface Thompson Townley Treadway Troupe
Tudor Van Zandt Vogel Wagner Ward
Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 003
Bray 84 Schilling Skaggs
PRESENT: 001
Hendrickson
ABSENT WITH LEAVE: 006
Auer Gaskill Harlan Lograsso Pryor
Stokan
VACANCIES: 001
Representative Hartzler (124) offered House Amendment No. 7.
House Amendment No. 7
AMEND House Bill No. 1159, Page 5, Section 143.124, Line 90, by inserting after said line the following:
"135.918. This section shall be known and may be cited as the "Missouri Agriculture Investment Tax Credit Act". For tax years beginning on or after January 1, 2000, but before December 31, 2004, an individual taxpayer who qualifies as a farmer pursuant to Section 6654 (i) (2) of Title 26 of the Internal Revenue Code or a corporate taxpayer who qualifies as a farming corporation pursuant to chapter 350, RSMo, shall be allowed to claim a nonrefundable credit against the tax otherwise due pursuant to chapter 143, RSMo, excluding sections 143.191 to 143.265, RSMo, and related provisions, in an amount equal to ten percent of the cost of any item which is allowable as an expensing election pursuant to Section 179 of the Internal Revenue Code for the same tax year. The tax credit allowed pursuant to this section shall not exceed five thousand dollars. An eligible taxpayer shall claim the credit allowed by this section at the time such taxpayer files a return; provided that, a taxpayer who fails to timely file such taxpayer's return, including extensions, shall not be eligible for a credit pursuant to this section. Any amount of credit that exceeds the tax due for a taxpayer's tax year may be carried back to any of the taxpayer's three prior tax years or carried forward to any of the taxpayer's five subsequent tax years. The department of revenue is authorized to adopt any rules or regulations deemed necessary for the effective administration of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo."; and
Further amend the title and enacting clause accordingly.
Representative Boucher raised a point of order that House Amendment No. 7 is not germane and goes beyond the scope of the bill.
Representative Monaco requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
On motion of Representative Hartzler (124), House Amendment No. 7 was adopted.
On motion of Representative Boucher, HB 1159, as amended, was ordered perfected and printed.
HOUSE BILLS WITH SENATE AMENDMENTS
SCS HS HCS HB 1742, as amended, relating to transportation bonds, was taken up by Representative Koller.
Representative Koller moved that the House refuse to adopt SCS HS HCS HB 1742, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HB 1185, relating to conveyance in Jefferson City, was taken up by Representative Gratz.
On motion of Representative Gratz, SCS HB 1185 was adopted by the following vote:
AYES: 156
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Black Blunt Boatright
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Burton Campbell Champion Chrismer
Cierpiot Clayton Crawford Crump Curls
Davis 122 Davis 63 Days Dolan Dougherty
Elliott Enz Evans Farnen Fitzwater
Foley Ford Foster Franklin Fraser
Froelker Gambaro Gaskill George Gibbons
Graham 106 Graham 24 Gratz Green Griesheimer
Gross Gunn Hampton Hanaway Harlan
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey
Hilgemann Holand Hollingsworth Hoppe Hosmer
Howerton Kasten Kelley 47 Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkemeyer Luetkenhaus Marble May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Parker Patek Phillips Pryor
Purgason Ransdall Reid Reinhart Relford
Reynolds Richardson Ridgeway Riley Rizzo
Robirds Ross Scheve Schilling Schwab
Scott Secrest Seigfreid Selby Shelton
Shields Skaggs Smith Summers Surface
Thompson Townley Treadway Troupe Tudor
Van Zandt Vogel Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 006
Berkstresser Hagan-Harrell Hohulin Pouche 30 Sallee
Stokan
VACANCIES: 001
On motion of Representative Gratz, SCS HB 1185 was truly agreed to and finally passed by the following vote:
AYES: 159
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
Boatright Bonner Boucher 48 Boykins Bray 84
Britt Brooks Burton Campbell Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro Gaskill George
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hampton
Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hickey Hilgemann Hohulin Holand
Hollingsworth Hoppe Hosmer Howerton Kasten
Kelley 47 Kelly 27 Kennedy King Kissell
Klindt Koller Kreider Lakin Lawson
Leake Legan Levin Liese Linton
Lograsso Long Loudon Luetkemeyer Luetkenhaus
Marble May 108 Mays 50 McBride McClelland
McKenna McLuckie Merideth Miller Monaco
Murphy Murray Myers Naeger Nordwald
O'Connor O'Toole Ostmann Overschmidt Parker
Patek Phillips Pryor Purgason Ransdall
Reid Reinhart Relford Reynolds Richardson
Ridgeway Riley Rizzo Robirds Ross
Scheve Schilling Schwab Scott Secrest
Seigfreid Selby Shelton Shields Skaggs
Smith Summers Surface Thompson Townley
Treadway Troupe Tudor Van Zandt Vogel
Wagner Ward Wiggins Williams 121 Williams 159
Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 003
Pouche 30 Sallee Stokan
VACANCIES: 001
Representative Monaco declared the bill passed.
On motion of Representative Days, title to the bill was agreed to.
Representative Liese moved that the vote by which the bill passed be reconsidered.
Representative Shelton moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF SENATE BILL
SB 810, relating to federal reimbursement allowance, was taken up by Representative Gunn.
On motion of Representative Gunn, SB 810 was truly agreed to and finally passed by the following vote:
AYES: 160
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
Boatright Bonner Boucher 48 Boykins Bray 84
Britt Brooks Burton Campbell Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro Gaskill George
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hampton
Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hickey Hilgemann Hohulin Holand
Hollingsworth Hoppe Hosmer Howerton Kasten
Kelley 47 Kelly 27 Kennedy King Kissell
Klindt Koller Kreider Lakin Lawson
Leake Legan Levin Liese Linton
Lograsso Long Loudon Luetkemeyer Luetkenhaus
Marble May 108 Mays 50 McBride McClelland
McKenna McLuckie Merideth Miller Monaco
Murray Myers Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Parker Patek
Phillips Pouche 30 Pryor Purgason Ransdall
Reid Reinhart Relford Reynolds Richardson
Ridgeway Riley Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Secrest Seigfreid Selby Shelton Shields
Skaggs Smith Summers Surface Thompson
Townley Treadway Troupe Tudor Van Zandt
Vogel Wagner Ward Wiggins Williams 121
Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 001
Murphy
PRESENT: 000
ABSENT WITH LEAVE: 001
Stokan
VACANCIES: 001
Representative Monaco declared the bill passed.
On motion of Representative George, title to the bill was agreed to.
Representative Murray moved that the vote by which the bill passed be reconsidered.
Representative Troupe moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF HOUSE CONCURRENT RESOLUTIONS
HCR 29, relating to nuclear waste, was taken up by Representative Graham (24).
Representative Lograsso offered House Amendment No. 1.
House Amendment No. 1
AMEND House Concurrent Resolution No. 29, by adding the following between the fifth and sixth whereas clauses:
"WHEREAS, the junior United States Senator from Missouri has asked the United States Department of Energy to reconsider its decision to route nuclear waste through Missouri on I-70; and".
On motion of Representative Lograsso, House Amendment No. 1 was adopted.
On motion of Representative Graham (24), HCR 29, as amended, was read the third time and passed by the following vote:
AYES: 158
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
Boatright Bonner Boucher 48 Boykins Bray 84
Britt Brooks Burton Campbell Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro Gaskill George
Gibbons Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hickey Hilgemann Holand Hollingsworth Hoppe
Hosmer Howerton Kasten Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkemeyer Luetkenhaus Marble May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Parker Patek Phillips Pouche 30
Pryor Purgason Ransdall Reid Reinhart
Relford Reynolds Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 004
Graham 106 Hohulin Kelley 47 Stokan
VACANCIES: 001
Representative Monaco declared the bill passed.
On motion of Representative Barry, title to the bill was agreed to.
Representative Harlan moved that the vote by which the bill passed be reconsidered.
Representative Relford moved that motion lay on the table.
The latter motion prevailed.
HCR 4, relating to an interim committee to study an eye disease called macular degeneration, was taken up by Representative Kennedy.
On motion of Representative Kennedy, HCR 4 was read the third time and passed by the following vote:
AYES: 158
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
Boatright Bonner Boucher 48 Boykins Bray 84
Britt Brooks Burton Campbell Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro Gaskill George
Gibbons Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hartzler 124 Hegeman Hickey
Hilgemann Hohulin Holand Hollingsworth Hoppe
Hosmer Howerton Kasten Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkemeyer Luetkenhaus Marble May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Parker Patek Phillips Pouche 30
Pryor Purgason Ransdall Reid Reinhart
Relford Reynolds Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 001
Hendrickson
PRESENT: 000
ABSENT WITH LEAVE: 003
Graham 106 Kelley 47 Stokan
VACANCIES: 001
Representative Monaco declared the bill passed.
On motion of Representative Bonner, title to the bill was agreed to.
Representative Britt moved that the vote by which the bill passed be reconsidered.
Representative Curls moved that motion lay on the table.
The latter motion prevailed.
HCR 22, relating to lottery commission plan, was taken up by Representative Liese.
Representative Froelker offered House Amendment No. 1.
House Amendment No. 1
AMEND House Concurrent Resolution No. 22, Paragraph 7, by deleting the words "pre-October 21" and inserting in lieu thereof "pre-October 22".
On motion of Representative Froelker, House Amendment No. 1 was adopted.
On motion of Representative Liese, HCR 22, as amended, was read the third time and passed by the following vote:
AYES: 158
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
Boatright Bonner Boucher 48 Boykins Bray 84
Britt Brooks Burton Campbell Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Davis 63 Days Dolan
Dougherty Elliott Enz Evans Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro Gaskill George
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hampton
Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hickey Hilgemann Holand Hollingsworth
Hoppe Hosmer Howerton Kasten Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Long Loudon
Luetkemeyer Luetkenhaus Marble May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Parker Patek Phillips Pouche 30
Pryor Purgason Ransdall Reid Reinhart
Relford Reynolds Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 004
Hohulin Kelley 47 Lograsso Stokan
VACANCIES: 001
Representative Monaco declared the bill passed.
On motion of Representative Clayton, title to the bill was agreed to.
Representative Fitzwater moved that the vote by which the bill passed be reconsidered.
Representative Gambaro moved that motion lay on the table.
The latter motion prevailed.
HCR 27, relating to military retirees, was taken up by Representative Ross.
On motion of Representative Ross, HCR 27 was read the third time and passed by the following vote:
AYES: 158
Abel Akin Alter Auer Backer
Ballard Barnett Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt Boatright
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Burton Campbell Champion Chrismer
Cierpiot Clayton Crawford Crump Curls
Davis 122 Davis 63 Days Dolan Dougherty
Elliott Enz Evans Farnen Fitzwater
Foley Ford Foster Franklin Fraser
Froelker Gambaro Gaskill George Gibbons
Graham 106 Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hickey Hilgemann Hohulin Holand Hollingsworth
Hoppe Hosmer Howerton Kasten Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkemeyer Luetkenhaus Marble May 108
Mays 50 McBride McClelland McKenna McLuckie
Merideth Miller Monaco Murray Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Parker Patek Phillips Pouche 30
Pryor Purgason Ransdall Reid Reinhart
Relford Reynolds Richardson Ridgeway Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 004
Barry 100 Kelley 47 Murphy Stokan
VACANCIES: 001
Representative Monaco declared the bill passed.
On motion of Representative O'Toole, title to the bill was agreed to.
Representative Rizzo moved that the vote by which the bill passed be reconsidered.
Representative Selby moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF SENATE BILLS
HCS SCS SB 719, relating to metropolitan cultural district, was taken up by Representative Hoppe.
Representative Pouche offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 719, Page 4, Section 70.500, Lines 106-107, by deleting both of said lines and inserting in lieu thereof the following:
"Or at an election called and held on the first Tuesday in April, except that no question dealing with authorizing the levy of a tax which has been defeated by the electors shall be resubmitted to the electors within two years of the initial vote.".
Speaker Pro Tem Kreider resumed the Chair.
Representative Pouche moved that House Amendment No. 1 be adopted.
Which motion was defeated.
On motion of Representative Hoppe, HCS SCS SB 719 was adopted.
On motion of Representative Hoppe, HCS SCS SB 719 was read the third time and passed by the following vote:
AYES: 111
Abel Auer Backer Barnett Barry 100
Bartle Berkowitz Berkstresser Black Blunt
Bonner Boucher 48 Bray 84 Britt Campbell
Clayton Crump Curls Davis 122 Davis 63
Days Dolan Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Froelker
Gambaro George Graham 106 Graham 24 Gratz
Green Griesheimer Gunn Hagan-Harrell Hampton
Harlan Hartzler 123 Hegeman Hickey Hilgemann
Hollingsworth Hoppe Hosmer Kasten Kelly 27
Kennedy King Kissell Klindt Koller
Kreider Lakin Lawson Leake Levin
Liese Luetkemeyer Luetkenhaus May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Monaco Murray Myers O'Connor O'Toole
Overschmidt Parker Patek Pouche 30 Ransdall
Reinhart Relford Reynolds Rizzo Robirds
Ross Sallee Scheve Schilling Scott
Selby Shelton Shields Skaggs Smith
Summers Thompson Treadway Troupe Tudor
Van Zandt Vogel Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 041
Akin Alter Ballard Bartelsmeyer Bennett
Boatright Burton Champion Chrismer Cierpiot
Crawford Enz Evans Foster Gaskill
Gibbons Gross Hanaway Hartzler 124 Hendrickson
Hohulin Holand Howerton Legan Linton
Lograsso Loudon Marble Miller Murphy
Naeger Nordwald Ostmann Phillips Pryor
Purgason Ridgeway Schwab Secrest Surface
Townley
PRESENT: 005
Boykins Brooks Reid Riley Seigfreid
ABSENT WITH LEAVE: 005
Elliott Kelley 47 Long Richardson Stokan
VACANCIES: 001
Speaker Pro Tem Kreider declared the bill passed.
On motion of Representative McKenna, title to the bill was agreed to.
Representative Bonner moved that the vote by which the bill passed be reconsidered.
Representative Days moved that motion lay on the table.
The latter motion prevailed.
HCS SB 881, relating to mass transportation fund, was taken up by Representative Hoppe.
Representative Relford offered House Amendment No. 1.
Representative Lograsso raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Hoppe offered HS HCS SB 881.
Representative Hoppe offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Bill No. 881, Page 7, Section 238.060, Line 12 of said page, by deleting the word "if" and inserting in lieu thereof the word "of".
On motion of Representative Hoppe, House Amendment No. 1 was adopted.
Representative Auer offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Bill No. 881, Last Page, Section 92.418, by inserting after all of said line the following:
"94.655. [1.] In those cities in which the transportation sales tax has been submitted to and approved by the voters or by a majority vote of the governing body of any such city without submission of the issue to the voters, the transportation sales tax shall remain in effect until repealed by local ordinance in those cities.
[2. The provisions of sections 94.600 to 94.655 shall expire on December 31, 2001.]"; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Auer, House Amendment No. 2 was adopted.
Representative Pouche offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for Senate Bill No. 881, Page 6, Section 238.060, Line 24, by deleting the words "submit a panel of three persons who are residents" and inserting in lieu thereof the following:
"appoint a successor who shall be a resident"; and
Further amend said bill, Section 238.060, Page 7, Lines 5-8, by deleting all of said lines and inserting in lieu thereof the following:
"fiscal year, selected by a majority vote of the commission.".
Representative Pouche moved that House Amendment No. 3 be adopted.
Which motion was defeated.
Speaker Gaw assumed the Chair.
On motion of Representative Hoppe, HS HCS SB 881, as amended, was adopted.
On motion of Representative Hoppe, HS HCS SB 881, as amended, was read the third time and passed by the following vote:
AYES: 117
Abel Auer Backer Barnett Barry 100
Bartle Bennett Berkowitz Berkstresser Black
Blunt Bonner Boucher 48 Boykins Bray 84
Britt Brooks Campbell Champion Chrismer
Clayton Crump Curls Davis 122 Davis 63
Days Dolan Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Froelker
Gambaro Gaskill George Graham 106 Graham 24
Gratz Green Griesheimer Gunn Hagan-Harrell
Hampton Harlan Hartzler 123 Hegeman Hickey
Hilgemann Hollingsworth Hoppe Hosmer Howerton
Kasten Kelly 27 Kennedy Kissell Klindt
Koller Kreider Lakin Lawson Leake
Levin Liese Luetkenhaus May 108 Mays 50
McBride McClelland McKenna McLuckie Merideth
Monaco Murray Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Parker Patek
Ransdall Reinhart Relford Reynolds Riley
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Seigfreid Selby Shelton
Shields Skaggs Smith Thompson Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Mr. Speaker
NOES: 039
Akin Alter Ballard Bartelsmeyer Boatright
Burton Cierpiot Crawford Enz Evans
Foster Gross Hanaway Hartzler 124 Hendrickson
Hohulin Holand King Legan Linton
Lograsso Loudon Luetkemeyer Marble Miller
Murphy Myers Phillips Pouche 30 Pryor
Purgason Reid Ridgeway Scott Secrest
Summers Surface Townley Wright
PRESENT: 000
ABSENT WITH LEAVE: 006
Elliott Gibbons Kelley 47 Long Richardson
Stokan
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Shelton, title to the bill was agreed to.
Representative Scheve moved that the vote by which the bill passed be reconsidered.
Representative Fraser moved that motion lay on the table.
The latter motion prevailed.
Speaker Pro Tem Kreider resumed the Chair.
HOUSE RESOLUTIONS
HR 91, relating to use of Chamber, was taken up by Representative Crawford.
On motion of Representative Crawford, HR 91 was adopted.
HR 1163, relating to interim house employees, was taken up by Representative Skaggs.
On motion of Representative Skaggs, HR 1163 was adopted.
PERFECTION OF HOUSE BILLS
HB 1394, relating to sales and use tax holiday, was taken up by Representative Murray.
Representative Murray offered HS HB 1394.
Representative Froelker offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Bill No. 1394, Page 1, Section 144.049, Line 21, by striking the word "period" and inserting in lieu thereof the word "periods"; and
Further amend said bill, page, and section, Line 23, by inserting after "2000" the following:
", 12:01 a.m., January 19, 2001, to midnight, January 21, 2001, 12:01 a.m., August 10, 2001, to midnight, August 12, 2001".
Representative Froekler moved that House Amendment No. 1 be adopted.
Which motion was defeated.
Representative Shields offered House Amendment No. 2.
Representative Campbell raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Ballard offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Bill No. 1394, Page 1, Section 144.049, Lines 14-17, by striking all of said lines and inserting in lieu thereof the following:
"and use tax law in sections 144.010 to 144.525, and sections 144.600 to 144.745, and from the computation of the tax levied, assessed or payable pursuant to state sales and use tax law,".
On motion of Representative Ballard, House Amendment No. 2 was adopted by the following vote:
AYES: 122
Abel Akin Alter Backer Ballard
Barnett Bartelsmeyer Bartle Bennett Berkowitz
Berkstresser Black Blunt Boatright Bonner
Boucher 48 Boykins Bray 84 Britt Brooks
Burton Champion Chrismer Clayton Crump
Curls Davis 122 Days Dolan Dougherty
Enz Evans Farnen Fitzwater Ford
Foster Fraser Froelker Gaskill Gibbons
Graham 106 Gratz Griesheimer Gross Gunn
Hampton Hanaway Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Hollingsworth Hosmer
Howerton Kasten Kelly 27 Kennedy King
Klindt Koller Kreider Lakin Lawson
Legan Levin Liese Linton Long
Loudon Luetkemeyer Marble May 108 Mays 50
McBride McClelland McKenna Merideth Miller
Monaco Murphy Myers Naeger Nordwald
O'Toole Overschmidt Patek Phillips Pouche 30
Pryor Purgason Ransdall Reinhart Relford
Robirds Ross Sallee Schwab Scott
Secrest Seigfreid Selby Shields Smith
Summers Surface Thompson Townley Troupe
Tudor Van Zandt Vogel Wagner Ward
Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 030
Auer Barry 100 Campbell Cierpiot Davis 63
Foley Franklin Gambaro George Graham 24
Green Hagan-Harrell Hickey Hilgemann Hoppe
Kissell Lograsso McLuckie Murray O'Connor
Parker Reid Reynolds Ridgeway Riley
Rizzo Scheve Schilling Shelton Skaggs
PRESENT: 000
ABSENT WITH LEAVE: 010
Crawford Elliott Harlan Kelley 47 Leake
Luetkenhaus Ostmann Richardson Stokan Treadway
VACANCIES: 001
On motion of Representative Murray, HS HB 1394, as amended, was adopted by the following vote:
AYES: 079
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Britt Brooks
Campbell Clayton Crump Curls Davis 122
Davis 63 Days Farnen Fitzwater Foley
Ford Franklin Fraser Gambaro George
Graham 24 Green Gunn Hagan-Harrell Hampton
Harlan Hickey Hilgemann Hollingsworth Hoppe
Hosmer Kelly 27 Kennedy Kissell Kreider
Lakin Lawson Leake Liese Luetkenhaus
May 108 Mays 50 McBride McKenna McLuckie
Merideth Monaco Murray O'Toole Overschmidt
Parker Ransdall Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Treadway
Troupe Wagner Ward Wiggins Williams 121
Williams 159 Wilson 25 Wilson 42 Mr. Speaker
NOES: 073
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Berkstresser Black Blunt
Boatright Bray 84 Burton Champion Chrismer
Cierpiot Crawford Dolan Dougherty Enz
Evans Foster Froelker Gaskill Gibbons
Graham 106 Griesheimer Gross Hanaway Hartzler 123
Hartzler 124 Hegeman Hendrickson Hohulin Holand
Howerton Kasten King Klindt Legan
Levin Linton Lograsso Long Loudon
Luetkemeyer Marble McClelland Miller Murphy
Myers Naeger Nordwald Ostmann Phillips
Pouche 30 Pryor Purgason Reid Reinhart
Ridgeway Robirds Ross Sallee Schwab
Scott Secrest Shields Summers Surface
Townley Tudor Vogel
PRESENT: 000
ABSENT WITH LEAVE: 010
Elliott Gratz Kelley 47 Koller O'Connor
Patek Richardson Stokan Van Zandt Wright
VACANCIES: 001
Representative Murray requested verification of the roll call on the adoption of HS HB 1394, as amended.
HS HB 1394, as amended, was placed on the Informal Calendar.
THIRD READING OF SENATE BILLS
HCS SB 856, relating to regulation of managed care, was placed on the Informal Calendar.
HCS SCS SB 894, relating to delinquent property taxes, was placed on the Informal Calendar.
HCS SCS SB 788, relating to employee rights, was placed on the Informal Calendar.
HCS SCS SB 542, relating to public administrators, was placed on the Informal Calendar.
PERFECTION OF HOUSE BILL - INFORMAL
HCS HB 1602, relating to livestock sales regulations, was taken up and placed back on the Informal Calendar.
SUPPLEMENTAL CALENDAR
May 1, 2000
SENATE BILLS FOR THIRD READING
HCS SB 724 - Farnen
SB 961, E.C. - Ransdall
HCS SB 858 - Smith
SCS SB 779 - Williams (159)
SB 1053 - Days
REFERRAL OF SENATE BILLS
The following Senate Bills were referred to the Committee indicated:
SS SCS SB 885 - Civil and Administrative Law
SS SCS SB 925 - Agri-Business
SS SCS SB 926 - Education - Elementary and Secondary
HCS SB 741 - Fiscal Review (Fiscal Note)
HCS SB 936 - Fiscal Review (Fiscal Note)
INTRODUCTION OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was read the first time and copies ordered printed:
HCR 38, introduced by Representatives Townley and Froelker, objecting to Health Care Financing Administration's actions relating to the Frene Valley Healthcare South Nursing Home.
COMMITTEE REPORTS
Committee on Children, Youth and Families, Chairman Dougherty reporting:
Mr. Speaker: Your Committee on Children, Youth and Families, to which was referred SCS SB 597, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Civil and Administrative Law, Chairman Smith reporting:
Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred SCS SB 557, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Criminal Law, Chairman Hosmer reporting:
Mr. Speaker: Your Committee on Criminal Law, to which was referred HJR 51, begs leave to report it has examined the same and recommends that it Do Pass.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1289.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1353, entitled:
An act to repeal section 58.449, RSMo 1994, relating to coroners' test results, and to enact in lieu thereof one new section relating to the same subject.
With Senate Committee Amendment No. 1
Senate Committee Amendment No. 1
AMEND House Bill No. 1353, Page 1, Section 58.449, Line 5, by inserting after "accident," the following:
"spouse of or any family member related within the second degree of consanguinity to a person killed in the accident,".
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1509.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1591, entitled:
An act to repeal section 344.040, RSMo 1994, relating to nursing home administrators, and to enact in lieu thereof two new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1802.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Tuesday, May 2, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Sixty-first Day, Thursday, April 27, 2000, pages 1107 and 1108, roll call, by showing Representative Hartzler (124) voting "no" rather than "absent with leave".
Page 1109, roll call, by showing Representatives Kelly (27) and Tudor voting "aye" rather than "absent with leave".
Page 1111, roll call, by showing Representatives Barry and Reynolds voting "aye" rather than "absent with leave".
Pages 1112 and 1113, roll call, by showing Representative Surface voting "no" rather than "absent with leave".
Page 1114, roll call, by showing Representatives Hollingsworth and Surface voting "aye" rather than "absent with leave".
Page 1115, roll call, by showing Representatives Naeger and Surface voting "no" rather than "absent with leave".
Page 1116, roll call, by showing Representatives Surface and Wright voting "aye" rather than "absent with leave".
Pages 1116 and 1117, roll call, by showing Representative Champion voting "aye" rather than "absent with leave".
Pages 1117 and 1118, roll call, by showing Representatives Champion, Surface, Wilson (42) and Wright voting "aye" rather than "absent with leave".
Pages 1118 and 1119, roll call, by showing Representatives Champion, Reinhart and Wright voting "aye" rather than "absent with leave".
Page 1051, by deleting lines 17 through 27, and inserting in lieu thereof the following:
Committee on Miscellaneous Bills and Resolutions, Chairman O'Toole reporting:
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HCR 31, begs leave to report it has examined the same and recommends that it Do Pass.
House Concurrent Resolution No. 31
WHEREAS, the General Assembly cannot currently readily obtain from either state or federal sources information regarding the amount and sources of money contributed by each county and the city of St. Louis to the state road fund. Such information is required by the General Assembly to form sound public policy in the area of transportation budgeting and spending; and
WHEREAS, the General Assembly directs the Missouri Department of Revenue to study and determine the amount of money contributed by each county and the city of St. Louis to the state road fund; and
WHEREAS, the Missouri Department of Revenue shall compile the information in a report to be presented to the General Assembly and the governor no later than December 1, 2000. Such report shall contain all requested findings and shall detail the fiscal principles and assumptions used to arrive at such findings:
NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, hereby direct the Missouri Department of Revenue to study and determine the amounts and sources of contributions by each county and the city of St. Louis to the state road fund and to present a report concerning the General Assembly to enable the General Assembly to make informed policy decisions in the area of transportation budgeting and spending for the benefit of the citizens of this state.
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HCR 34, begs leave to report it has examined the same and recommends that it Do Pass.
House Concurrent Resolution No. 34
BE IT RESOLVED by the members of the House of Representatives of the Ninetieth General Assembly, Second Regular Session, the Senate concurring therein, that the Missouri Committee on Legislative Research shall prepare and cause to be collated, indexed, printed and bound all acts and resolutions of the Ninetieth General Assembly, Second Regular Session, and shall examine the printed copies and compare them with and correct the same by the original rolls, together with an attestation under the hand of the Revisor of Statutes that he has compared the same with the original rolls in his office and has corrected the same thereby; and
BE IT FURTHER RESOLVED that the size and quality of the paper and binding shall be substantially the same as used in prior session laws and the size and style of type shall be determined by the Revisor of Statutes; and
BE IT FURTHER RESOLVED that the Joint Committee on Legislative Research is authorized to print and bind copies of the acts and resolutions of the Ninetieth General Assembly, Second Regular Session, with appropriate indexing; and
BE IT FURTHER RESOLVED that the Revisor of Statutes is authorized to determine the number of copies to be printed.
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HR 504, begs leave to report it has examined the same and recommends that it Do Pass.
House Resolution No. 504
WHEREAS, the Missouri House of Representatives recognizes the importance of empowering citizens to actively participate in the democratic process; and
WHEREAS, the House has a long tradition of rendering assistance to those organizations which sponsor projects in the interest of good citizenship; and
WHEREAS, the Missouri Catholic Conference has as its purposes to promote the material and spiritual well being of all people of the state of Missouri and to participate in the democratic process of government:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninetieth General Assembly, do hereby grant permission to the Missouri Catholic Conference to use the House Chamber and the House Hearing Rooms from 9:00 a.m. to 5:00 p.m. on Saturday, September 2, 2000, for the purpose of a citizenship assembly and workshop.
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HR 557, begs leave to report it has examined the same and recommends that it Do Pass.
House Resolution No. 557
WHEREAS, the Missouri House of Representatives fully recognizes the importance of preparing our youth to become active and productive citizens through worthwhile governmental or citizenship projects; and
WHEREAS, the House has a long tradition of rendering assistance to those organizations which sponsor these projects in the interest of our young people; and
WHEREAS, one clear example of such an organization is the Missouri YMCA, which has become widely recognized for its sponsorship of the Youth in Government program; and
WHEREAS, the Missouri YMCA Youth in Government program is designed to familiarize high school students with the decision-making processes that determine public policy at the state level; and
WHEREAS, the basic objectives of the Missouri YMCA Youth in Government are to promote awareness of state issues and exploration and interchange of youth ideas on solutions to social problems, an interaction among high school students and adults from varying backgrounds focusing on common concerns, understanding of the governmental process through active participation in a model government, communication of youth concerns to appropriate individuals and groups within state government, and respect for the ideas and ideals of others in all aspects of the program and in the community:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninetieth General Assembly, hereby grant the Missouri YMCA permission to use the House Hearing Rooms, Galleries, and the House Chamber for the purpose of conducting its 2000 Youth in Government State Pre-Convention Training on Saturday, November 18, 2000; and
BE IT FURTHER RESOLVED that the Missouri YMCA be granted permission to use the House Hearing Rooms, Galleries, and the House Chamber for the purpose of conducting its 2000 State Convention on Thursday, November 29, 2000, through Saturday, December 2, 2000.
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HR 573, begs leave to report it has examined the same and recommends that it Do Pass.
House Resolution No. 573
WHEREAS, historically, society has tended to isolate and segregate individuals with disabilities, and, despite some improvements, such forms of discrimination against individuals with disabilities continues to be a serious and pervasive social problem; and
WHEREAS, the institutional placement of persons with disabilities who can handle and benefit from community settings perpetuates an unwarranted assumption that disabled persons are incapable or unworthy of participating in community life; and
WHEREAS, such confinement in an institution severely diminishes the everyday life activities of disabled individuals, including family relations, social contacts, work options, economic independence, educational advancement and cultural enrichment; and
WHEREAS, under the federal Americans with Disabilities Act, states are required to provide community-based treatment for persons with disabilities when the state's treatment professionals determine that such placement is appropriate, the affected persons do not oppose such treatment, and the treatment can be reasonably accommodated, taking into account the resources available to the state and the needs of others with disabilities:
NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri House of Representatives, Ninetieth General Assembly, that a House Interim Committee of the General Assembly be created to be composed of five members of the majority party, four members of the minority party and one independent member, and that said committee be authorized to function during the interim between the Ninetieth and Ninety-first General Assemblies; and
BE IT FURTHER RESOLVED that said committee make a comprehensive study on residential, occupational and educational de-institutionalization of persons with disabilities, including the solicitation of information from appropriate state agencies and the public and make recommendations on the development of a comprehensive de-institutionalization plan; and
BE IT FURTHER RESOLVED Research and the Committee on Legislative Research provide such legal, research, clerical, technical and bill drafting services requested by the committee; and
BE IT FURTHER RESOLVED that the committee, its members, and any staff personnel assigned to the committee shall receive reimbursement for their actual and necessary expenses incurred in attending meetings of the committee or any subcommittee thereof; and
BE IT FURTHER RESOLVED that the committee report its recommendations and findings to the Missouri General Assembly by January 1, 2001, and the authority of such committee shall terminate on December 31, 2000.
COMMITTEE MEETINGS
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Tuesday, May 2, 2000, 8:00 am. Hearing Room 3.
Gary Stangler, Director Department of Social Services, Division of Family Services.
CTS Funds.
CONFERENCE COMMITTEE - APPROPRIATIONS
Tuesday, May 2, 2000, 8:00 am. Senate Committee Rooms 2 and 3.
To be considered - HB 1102, HB 1103, HB 1104, HB 1105, HB 1106, HB 1107, HB 1108, HB 1109, HB 1110, HB 1111, HB 1112
CONFERENCE COMMITTEE - APPROPRIATIONS
Tuesday, May 2, 2000, 10:30 am.
Senate West Gallery/Senate Conference Area (3rd Floor Rotunda)
House Bills 1102 through 1112.
CORRECTIONAL AND STATE INSTITUTIONS
Tuesday, May 2, 2000, 9:00 am. Hearing Room 5.
Executive Session may follow.
To be considered - SB 892
EDUCATION - ELEMENTARY AND SECONDARY
Wednesday, May 3, 2000, 8:00 am. Hearing Room 3.
To be considered - HB 2148, SB 851, SB 926
FISCAL REVIEW
Tuesday, May 2, 2000, 8:30 am. Hearing Room 4.
Executive Session. (Fiscal Note). AMENDED.
To be considered - HB 2011, SB 721, SB 813, SB 896, SB 944, SJR 35
JUDICIARY
Tuesday, May 2, 2000, 9:00 am. Hearing Room 1.
Executive Session.
LOCAL GOVERNMENT AND RELATED MATTERS
Tuesday, May 2, 2000. Hearing Room 7 upon morning adjournment.
Executive Session may follow.
To be considered - SCR 38
MISCELLANEOUS BILLS AND RESOLUTIONS
Wednesday, May 3, 2000, 9:00 am. Hearing Room 6.
Executive Session may follow.
To be considered - HR 295, SCR 39, SJR 50
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, May 3, 2000, 9:00 am. Hearing Room 4.
To be considered - SB 1027
PUBLIC SAFETY AND LAW ENFORCEMENT
Tuesday, May 2, 2000, 8:30 am. Hearing Room 6.
Executive Session. To be considered - SB 763
RULES, JOINT RULES, BILLS PERFECTED AND PRINTED
Wednesday, May 3, 2000. Hearing Room 3 upon morning adjournment.
To be considered - SJR 53
SOCIAL SERVICES, MEDICAID AND THE ELDERLY
Tuesday, May 2, 2000, 7:30 pm. Hearing Room 6.
Possible Executive Session to follow.
To be considered - SCR 36
TRANSPORTATION
Wednesday, May 3, 2000. Hearing Room 6 upon morning adjournment.
Executive Session to follow.
To be considered - SB 793, SCR 22, SCR 35
WAYS AND MEANS
Tuesday, May 2, 2000, 1:00 pm. Hearing Room 6.
Executive Session to follow.
To be considered - SB 956, SCR 29
HOUSE CALENDAR
SIXTY-THIRD DAY, TUESDAY, MAY 2, 2000
HOUSE CONCURRENT RESOLUTION FOR SECOND READING
HCR 38
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HJR 40, as amended, HA 3, pending - Graham (24)
2 HJR 42 - Williams (121)
3 HJR 45, HCA 1 - Scheve
4 HJR 51 - Clayton
HOUSE BILLS FOR PERFECTION
1 HCS HB 1747 - Barry
2 HB 2102 - Hampton
3 HB 1066, HCA 1 - Riback Wilson (25)
4 HB 1280 - Clayton
5 HB 1502 - Smith
6 HCS HB 1547 - Scheve
7 HCS HB 1962, 1943, 1425 & 1419 - Dougherty
8 HB 1546 - Smith
9 HCS HB 1606 - Bray
10 HCS HB 1225 - Hosmer
11 HCS HB 1540 - Green
12 HCS HB 1942 - Liese
13 HCS HB 1578 - Shelton
14 HB 2056 - Gunn
15 HCS HB 1718 - Smith
16 HCS HB 1966 - Hosmer
17 HCS HB 1997 - Smith
18 HCS HB 1336 - Lakin
19 HCS HB 1780 - Liese
20 HCS HB 1816 - Hosmer
21 HCS HB 1357 - Bonner
22 HB 1872 - Seigfreid
23 HCS HB 1674 - Graham (24)
24 HCS HB 1154 - Boucher
25 HCS HB 2114 - Hoppe
26 HCS HB 1649 - Williams (121)
27 HB 1216 - Kelly (27)
28 HB 1157, HCA 1 - Boucher
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1602, as amended - Leake
2 HCS HB 1932 - Harlan
3 HB 1712 - McKenna
4 HS HB 1394, as amended - Murray
HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING
1 HCR 23, (3-16-00, pg. 646) - Bray
2 HCR 28, (4-11-00, pg. 916) - Van Zandt
3 HCR 34, (5-1-00) - Clayton
HOUSE BILL FOR THIRD READING
HS HB 2011, (Fiscal Review, 4-27-00) - Overschmidt
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1828 - Gross
2 HB 1095 - Richardson
3 HB 1358 - Loudon
4 HB 1275 - Chrismer
SENATE BILLS FOR THIRD READING
1 HCS SS SB 813, (Fiscal Review, 4-27-00) - Kissell
2 HCS SCS SB 721, (Fiscal Review, 4-27-00) - Boucher
3 HCS SB 944, (Fiscal Review, 4-27-00) - Smith
4 HCS SB 896, E.C. (Fiscal Review, 4-27-00) - May (108)
5 HCS SB 724 - Farnen
6 SB 961, E.C. - Farnen
7 HCS SB 858 - Smith
8 SCS SB 779 - Wiggins
9 SB 1053 - Days
10 HCS SS SCS SB 577 - Ransdall
11 HCS SB 741, (Fiscal Review, 5-1-00) - Backer
12 HCS SB 936, E.C. (Fiscal Review, 5-1-00) - Bray
SENATE BILLS FOR THIRD READING - INFORMAL
1 HCS SB 856 - Harlan
2 HCS SCS SB 894 - Hoppe
3 HCS SB 788 - Barry
4 HCS SCS SB 542 - Hoppe
HOUSE BILLS WITH SENATE AMENDMENTS
1 HB 1353, SCA 1 - Farnen
2 SCS HB 1591 - Backer
BILL CARRYING REQUEST MESSAGES
SCS HS HCS HB 1742, as amended, (req. Senate recede/grant conf.) - Koller
BILLS IN CONFERENCE
1 SCS HCS HB 1102, as amended - Franklin
2 SCS HCS HB 1103, as amended - Franklin
3 SCS HCS HB 1104 - Franklin
4 SCS HCS HB 1105, as amended - Franklin
5 SCS HCS HB 1106, as amended - Franklin
6 SCS HCS HB 1107, as amended - Franklin
7 SCS HCS HB 1108 - Franklin
8 SCS HCS HB 1109 - Franklin
9 SCS HCS HB 1110, as amended - Franklin
10 SCS HCS HB 1111, as amended - Franklin
11 SCS HCS HB 1112, as amended - Franklin
Missouri House of
Representatives