Journal of the House

First Regular Session, 91st General Assembly

FORTY-SIXTH DAY, Tuesday, March 27, 2001

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

Like scenery on the stage of life, God, You are the background to all we do. May we sense frequently Your invisible but powerful presence. Today will hold in its wake discussion, perhaps disagreement, interactions, strong feelings, thought, research, judgment, decision.

Help these representatives set aside personal reputation or gain, and focus on the greater good of us all. Channel their healthy ambition towards their constituents, and towards our whole state and our society. In You, through You, and with You, may our efforts begin, and find their way back to the lap of Your caring concern for us all. 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: Lauren Phillips, Mason Phillips, Rachel Hale, Emily McEwan, Andrew Mothersbaugh, Crystal Schussler, Danielle Drew, Amber Snider, Patrick Springer, Mason Marshall, Dusty Clevenger, Jacob Lewis, Troy Morrison, Sara Ackley, Angela Turner, Thomas Kingdon, Jr., Samantha Romines, Mary Margaret Tompkins, Ian Laster, Julie Capkovic, Alicia Holden, Rachel Hellmann, Elizabeth Hellmann, Aubrey Hale, Jessica Fischer, Jeff Brown, Ezra Akin, David Brouk, Ben Gruhn, Dan Gruhn, Sarah Heitzmann, Tony Sansone, Thomas Wingfield, Trevor Hampton, Priscilla Ayala, Trey Bugh, Candace Weaver, Hannah White, Anthony Sosna, Matthew Mueller, Reilly Hall, Lauren Hutcheson, Ryan Freeman, Kendra McClanahan, Katie Krodinger, Rebecca Rodrigue, Mike Saputo, Emily Stucky, Jennifer Starbird, Sarah Sylvester, Amy Whitaker, Ashley Fausett, Kimberly Shola, Caitlin Bladt, Nick Shrader, Nick Monaco, Lori Svejda, Sarah Rafkey, Sarah Lynch, Ebony Ingram, Fredricka Starks, Linden A. Hargett, Teri Summerfield, Rachel Maxwell, Ruth Burke, Latasha Clark, Mike Lampley, Lucas Harlan, Patrick Struckhoff, Brian Geraghty and Chad Butler.

Representative Liese assumed the Chair.

The Journal of the forty-fifth day was approved as corrected.

RESOLUTION

Representative Kreider offered House Resolution No. 1008.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1007 - Representative Enz

House Resolution No. 1009 - Representative Johnson (61)

House Resolution No. 1010 - Representative Cooper

COMMITTEE REPORT

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HB 327, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

Speaker Kreider resumed the Chair.

PERFECTION OF HOUSE BILLS

HCS HB 106, relating to statewide lupus program, was taken up by Representative Johnson (61).

On motion of Representative Johnson (61), HCS HB 106 was adopted.

On motion of Representative Johnson (61), HCS HB 106 was ordered perfected and printed.

HB 662, relating to private building contracts, was placed on the Informal Calendar.

HB 471, relating to drug trafficking, was taken up by Representative Jolly.

On motion of Representative Jolly, HB 471 was ordered perfected and printed.

HB 70, relating to motorcycle helmets, was placed on the Informal Calendar.

HB 120, with House Committee Amendment No. 1, relating to vision-reducing material, was placed on the Informal Calendar.

HCS HB 274, relating to school attendance, was taken up by Representative Shields.

On motion of Representative Shields, HCS HB 274 was adopted.

On motion of Representative Shields, HCS HB 274 was ordered perfected and printed.

PERFECTION OF HOUSE BILLS - INFORMAL

HB 662, relating to private building contracts, was taken up by Representative Green (73).

Representative St. Onge offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 662, Page 4, Section 436.324, Line 3, by deleting the word "owner -occupied"; and

Further amend said bill, Page 4, Section 436.324, Line 4, by deleting the word "owner-occupied".

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

On motion of Representative Green (73), HB 662, as amended, was ordered perfected and printed.

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

HB 70, relating to motorcycle helmets, was taken up by Representative Koller.

Representative Kennedy offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 70, Page 2, Section 302.020, Line 31, by inserting after all of said line the following:

"Section 1. Any operator of a motorcycle or motortricycle who does not wear protective headgear shall maintain at least ten million dollars of medical insurance and shall, when required pursuant to chapter 303, RSMo, provide proof of such medical insurance."; and

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

Representative Seigfreid offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1 for House Amendment No. 1 was withdrawn.

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. 70, Page 2, Section 302.020, Line 31, by inserting after all of said line the following:

"4. Any person who receives a head injury while operating a motorcycle or motortricycle upon any highway in this state and who was not wearing protective headgear during the time of such injury shall not be eligible for state aid or assistance for medical treatment of such injuries.".

Speaker Pro Tem Abel assumed the Chair.

HB 70, with House Substitute Amendment No. 1 for House Amendment No. 1 and House Amendment No. 1, pending, was laid over.

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

AFTERNOON SESSION

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

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1011 - Representative Hohulin, et al

House Resolution No. 1012

and

House Resolution No. 1013 - Representative Vogel

House Resolution No. 1014 - Representative Mayer

House Resolution No. 1015 - Representative Smith

House Resolution No. 1016 - Representative Nordwald

House Resolution No. 1017 - Representative Ford

House Resolution No. 1018 - Representative Williams

House Resolution No. 1019 - Representative Behnen

House Resolution No. 1020 - Representative Legan

PERFECTION OF HOUSE BILLS - INFORMAL

HB 70, with House Substitute Amendment No. 1 for House Amendment No. 1 and House Amendment No. 1, pending, relating to motorcycle helmets, was again taken up by Representative Koller.

On motion of Representative Marble, House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

On motion of Representative Koller, HB 70, as amended, was ordered perfected and printed.

HB 120, with House Committee Amendment No. 1, relating to vision-reducing material, was taken up by Representative O'Connor.

On motion of Representative O'Connor, House Committee Amendment No. 1 was adopted.

Representative Monaco assumed the Chair.

Representative Ross offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 120, Page 1, Section 307.173, Lines 12 and 13, by deleting all of said lines and inserting in lieu thereof the following:

"2. [A permit to] Any person may operate a motor vehicle with [a front sidewing vent or window] side and rear windows that [has] have a sun screening device, in conjunction with safety glazing material, that has a"; and

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

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

Speaker Pro Tem Abel resumed the Chair.

Representative Kelly (27) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 120, Page 1, Section A, Line 2, by inserting after all of said line the following:

"302.173. 1. Any applicant for a license, who does not possess a valid license issued pursuant to the laws of this state or any other state shall be examined as herein provided. Any person who has failed to renew such person's license on or before the date of its expiration or within six months thereafter must take the complete examination. Any active member of the armed forces, their adult dependents or any active member of the peace corps may apply for a renewal license without examination of any kind, unless otherwise required by sections 302.700 to 302.780, provided the renewal application shows that the previous license had not been suspended or revoked. Any person honorably discharged from the armed forces of the United States who held a valid license prior to being inducted may apply for a renewal license within sixty days after such person's honorable discharge without submitting to any examination of such person's ability to safely operate a motor vehicle over the highways of this state unless otherwise required by sections 302.700 to 302.780, other than the vision test provided in section 302.175, unless the facts set out in the renewal application or record of convictions on the expiring license, or the records of the director show that there is good cause to authorize the director to require the applicant to submit to the complete examination. No applicant for a renewal license shall be required to submit to any examination of his or her ability to safely operate a motor vehicle over the highways of this state unless otherwise required by sections 302.700 to 302.780 or regulations promulgated thereunder, other than a test of the applicant's ability to understand highway signs regulating, warning or directing traffic and the vision test provided in section 302.175, unless the facts set out in the renewal application or record of convictions on the expiring license, or the records of the director show that there is good cause to authorize the director to require the applicant to submit to the complete examination. The examination shall be made available in each county. Reasonable notice of the time and place of the examination shall be given the applicant by the person or officer designated to conduct it. The complete examination shall include a test of the applicant's natural or corrected vision as prescribed in section 302.175, the applicant's ability to understand highway signs regulating, warning or directing traffic, the applicant's practical knowledge of the traffic laws of this state, and an actual demonstration of ability to exercise due care in the operation of a motor vehicle of the classification for which the license is sought. When an applicant for a license has a valid license from a state which has requirements for issuance of a license comparable to the Missouri requirements, the director may waive the requirement of actual demonstration of ability to exercise due care in the operation of a motor vehicle. If the director has reasonable grounds to believe that an applicant is suffering from some known physical or mental ailment which ordinarily would interfere with the applicant's fitness to operate a motor vehicle safely upon the highways, the director may require that the examination include a physical or mental examination by a licensed physician of the applicant's choice, at the applicant's expense, to determine the fact. The director shall prescribe regulations to ensure uniformity in the examinations and in the grading thereof and shall prescribe and furnish all forms to the members of the highway patrol and to other persons authorized to conduct examinations as may be necessary to enable the officer or person to properly conduct the examination. The records of the examination shall be forwarded to the director who shall not issue any license hereunder if in the director's opinion the applicant is not qualified to operate a motor vehicle safely upon the highways of this state.

2. The director of revenue shall delegate the power to conduct the examinations required for a license or permit to any member of the highway patrol or any person employed by the highway patrol. The powers delegated to any examiner may be revoked at any time by the director of revenue upon notice.

3. Notwithstanding the requirements of subsections 1 and 2 of this section, the successful completion of a motorcycle rider training course approved pursuant to sections 302.133 to 302.138 shall constitute an actual demonstration of the person's ability to exercise due care in the operation of a motorcycle or motortricycle, and no further driving test shall be required to obtain a motorcycle or motortricycle license or endorsement."; and

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

On motion of Representative Kelly (27), House Amendment No. 2 was adopted.

On motion of Representative O'Connor, HB 120, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILLS

HCS HBs 533 & 724, relating to sexual offenses, was taken up by Representative Johnson (90).

Representative Hanaway offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 533 & 724, Page 1, Section 565.200, Line 14, by inserting after all of said line the following:

"566.111. 1. For purposes of this section, the following terms mean:

(1) "Animal", every creature, either alive or dead, other than a human being;

(2) "Sexual conduct with an animal", any touching of an animal with the genitals or any touching of the genitals or anus of an animal for the purpose of arousing or gratifying sexual desire.

2. No person shall engage in any sexual conduct with an animal, or cause, aid or abet another person to engage in any sexual conduct with an animal. No person shall permit any sexual conduct with an animal on any premises under such person's charge or control. No person shall engage in, promote, aid or abet any activity involving any sexual conduct with an animal for commercial or recreational purposes.

3. Any person who violates this section shall be guilty of a class D felony. Any person who violates this section in the presence of a minor or causes any animal serious physical injury or death while violating or attempting to violate this section shall be guilty of a class C felony.

4. In addition to the penalty imposed, the court may:

(1) Prohibit the defendant permanently or for a reasonable time from harboring animals or residing in any household where animals are present;

(2) Order the defendant to relinquish and permanently forfeit all animals residing in the defendant's household to a recognized or duly incorporated animal shelter or humane society, and order the defendant to reimburse such shelter or humane society for all reasonable costs incurred for the care and maintenance of the animals involved in the violation of this section; and

(3) Order psychological evaluation and counseling of the defendant, at the defendant's expense.

5. Nothing in this section shall be construed to prohibit generally accepted animal husbandry practices or generally accepted veterinary medical practices performed by a licensed veterinarian or veterinary technician.

6. Any person acting under authority of this section may seize any and all animals involved in the alleged violation. The defendant charged with violating this section shall be provided a disposition hearing pursuant to section 578.018, RSMo."; and

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

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

Representative Kelly (27) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 533 & 724, Page 2, Section 566.145, Line 6, by inserting after all of said line the following:

"1. Sections 589.400 to 589.425 shall apply to:

(1) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit, an offense of chapter 566, RSMo; or

(2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty to committing, or attempting to commit one or more of the following offenses: kidnapping; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; incest; abuse of a child; used a child in a sexual performance; or promoting sexual performance by a child; and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under eighteen years of age; or

(3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

(4) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subdivision (1) or (2) of this subsection; or

(5) Any person who is a resident of this state and has been or is required to register in another state or has been or is required to register under federal or military law; or

(6) Any person who has been or is required to register in another state or has been or is required to register under federal or military law and who works or attends school or training on a full-time or on a part- time basis in Missouri. Part-time in this subdivision means for more than fourteen days in any twelve-month period.

2. Any person to whom sections 589.400 to 589.425 apply shall, within thirty days of the effective date of this section or within ten days of the date on which such person becomes subject to sections 589.400 to 589.425, whichever earlier occurs, register with the chief law enforcement official of the county in which such person resides. Any person to whom sections 589.400 to 589.425 apply who changes his or her county of residence shall, within ten days of [coming into any county] such change of residence, register with the chief law enforcement official of the new county in which such person resides. The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town or village law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town or village law enforcement agency, if so requested.

3. The registration requirements of sections 589.400 through 589.425 are lifetime registration requirements unless all offenses requiring registration are reversed, vacated or set aside or unless the registrant is pardoned of the offenses requiring registration."; and

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

On motion of Representative Kelly (27), House Amendment No. 2 was adopted.

On motion of Representative Johnson (90), HCS HBs 533 & 724, as amended, was adopted.

On motion of Representative Johnson (90), HCS HBs 533 & 724, as amended, was ordered perfected and printed.

HB 882, relating to horse racing and pari-mutuel wagering, was placed on the Informal Calendar.

HCS HB 457, relating to financing of capital improvements, was taken up by Representative Kreider.

Representative Shields offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 457, Page 1, Section 160.534, Line 7, by replacing Subsection 2 of said bill with the following:

"2. The moneys transferred pursuant to this section shall be transferred on a monthly basis as follows:

(1) For fiscal year 2003, ten percent to the school building property tax relief fund established pursuant to section 166.300, RSMo, ten percent to the year 2001 classroom fund created pursuant to section 166.201, RSMo, and eighty percent to the state school moneys fund;

(2) For fiscal year 2004, twenty percent to the school building property tax relief fund, twenty percent to the year 2001 classroom fund and sixty percent to the state school moneys fund;

(3) For fiscal year 2005, thirty percent to the school building property tax relief fund, thirty percent to the year 2001 classroom fund and forty percent to the state school moneys fund;

(4) For fiscal year 2006, forty percent to the school building property tax relief fund, forty percent to the year 2001 classroom fund and twenty percent to the state school moneys fund; and

(5) For fiscal year 2007, fifty percent to the school building property tax relief fund and fifty percent to the year 2001 classroom trust fund."; and

Further amend said bill by adding one new section as follows:

"163.201. 1. For fiscal year 2003 and each subsequent fiscal year, the "Year 2001 Classroom Fund", which is hereby created in the state treasury, shall be distributed by the state board of education to each school district on a per eligible pupil basis. The moneys distributed pursuant to this section shall be exempt from salary compliance pursuant to section 165.016, RSMo. The moneys may be used by the district for:

(1) School construction, renovation or leasing;

(2) Teacher recruitment, retention, salaries or professional development;

(3) Technology enhancements or textbooks or instructional materials; or

(4) School safety and violence prevention programs.

2. The year 2001 classroom fund shall consist of all moneys transferred to it pursuant to section 160.534, RSMo, all moneys otherwise appropriated or donated to it and, notwithstanding any other provision of law to the contrary, all unclaimed lottery prize money."; and

Further amend said bill by amending title and enacting clauses accordingly.

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

Which motion was defeated by the following vote:

Representative Dolan requested verification of the roll call on the adoption of House Amendment No. 1.

Representative Ford offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 457, Page 11, Section 166.324, Line 4, by inserting after all of said line the following:

"313.805. The commission shall have full jurisdiction over and shall supervise all gambling operations governed by sections 313.800 to 313.850. The commission shall have the following powers and shall promulgate rules and regulations to implement sections 313.800 to 313.850:

(1) To investigate applicants and determine the priority and eligibility of applicants for a license and to select among competing applicants for a license the applicant which best serves the interests of the citizens of Missouri;

(2) To license the operators of excursion gambling boats and operators of gambling games within such boats, to identify occupations within the excursion gambling boat operations which require licensing, and adopt standards for licensing the occupations including establishing fees for the occupational licenses and to license suppliers;

(3) To adopt standards under which all excursion gambling boat operations shall be held and standards for the facilities within which the gambling operations are to be held. Notwithstanding the provisions of chapter 311, RSMo, to the contrary, the commission may authorize the operation of gambling games on an excursion gambling boat which is also licensed to sell or serve alcoholic beverages, wine, or beer. The commission shall regulate the wagering structure for gambling excursions [including providing a maximum loss of five hundred dollars per individual player per gambling excursion];

(4) To enter the premises of excursion gambling boats, facilities, or other places of business of a licensee within this state to determine compliance with sections 313.800 to 313.850;

(5) To investigate alleged violations of sections 313.800 to 313.850 or the commission rules, orders, or final decisions;

(6) To assess any appropriate administrative penalty against a licensee, including, but not limited to, suspension, revocation, and penalties of an amount as determined by the commission up to three times the highest daily amount of gross receipts derived from wagering on the gambling games, whether unauthorized or authorized, conducted during the previous twelve months as well as confiscation and forfeiture of all gambling game equipment used in the conduct of unauthorized gambling games. Forfeitures pursuant to this section shall be enforced as provided in sections 513.600 to 513.645, RSMo;

(7) To require a licensee, an employee of a licensee or holder of an occupational license to remove a person violating a provision of sections 313.800 to 313.850 or the commission rules, orders, or final orders, or other person deemed to be undesirable from the excursion gambling boat or adjacent facilities;

(8) To require the removal from the premises of a licensee, an employee of a licensee, or a holder of an occupational license for a violation of sections 313.800 to 313.850 or a commission rule or engaging in a fraudulent practice;

(9) To require all licensees to file all financial reports required by rules and regulations of the commission;

(10) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records, and other pertinent documents, and to administer oaths and affirmations to the witnesses, when, in the judgment of the commission, it is necessary to enforce sections 313.800 to 313.850 or the commission rules;

(11) To keep accurate and complete records of its proceedings and to certify the records as may be appropriate;

(12) To ensure that the gambling games are conducted fairly. No gambling device shall be set to pay out less than eighty percent of all wagers;

(13) To require all licensees of gambling game operations to use a cashless wagering system whereby all players' money is converted to physical or electronic tokens, electronic cards, or chips which only can be used for wagering on the excursion gambling boat;

(14) To require excursion gambling boat licensees to develop a system, approved by the commission, that allows patrons the option to prohibit the excursion gambling boat licensee from using identifying information for marketing purposes. The provisions of this subdivision shall apply only to patrons giving identifying information for the first time. Such system shall be submitted to the commission by October 1, 2000, and approved by the commission by January 1, 2001. The excursion gambling boat licensee shall use identifying information obtained from patrons who have elected to have marketing blocked under the provisions of this section only for the purposes of enforcing the requirements contained in sections 313.800 to 313.850. This section shall not prohibit the commission from accessing identifying information for the purposes of enforcing section 313.004 and sections 313.800 to 313.850;

(15) To determine which of the authorized gambling games will be permitted on any licensed excursion gambling boat;

(16) Excursion gambling boats shall cruise, unless the commission finds that the best interest of Missouri and the safety of the public indicate the need for continuous docking of the excursion gambling boat in any city or county authorized pursuant to subsection 10 of section 313.812. The commission shall base its decision to allow continuously docked excursion gambling boats on any of the following criteria: the docking location or the excursion cruise could cause danger to the boat's passengers, violate federal law or the law of another state, or cause disruption of interstate commerce or possible interference with railway or barge transportation. In addition, the commission shall consider economic feasibility or impact that would benefit land-based development and permanent job creation. The commission shall not discriminate among applicants for continuous-docking excursion gambling that are similarly situated with respect to the criteria set forth in this section;

(17) The commission shall render a finding concerning the possibility of continuous docking, as described in subdivision (15) of this section, within thirty days after a hearing on any request from an applicant or licensee. Such hearing may be held prior to any final action on licensing to assist an applicant and any city or county in the finalizing of their economic development plan;

(18) To require any applicant for a license or renewal of a license to operate an excursion gambling boat to provide an affirmative action plan which has as its goal the use of best efforts to achieve maximum employment of African-Americans and other minorities and maximum participation in the procurement of contractual purchases of goods and services. This provision shall be administered in accordance with all federal and state employment laws, including Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991. At license renewal, the licensee will report on the effectiveness of the plan. The commission shall include the licensee's reported information in its annual report to the joint committee on gaming and wagering;

(19) To take any other action as may be reasonable or appropriate to enforce sections 313.800 to 313.850 and the commission rules."; and

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

Representative Smith assumed the Chair.

Representative Purgason 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 Committee Substitute for House Bill No. 457, Page 2 of said amendment, Lines 10 and 11 of said page, by deleting said lines and inserting in lieu thereof the following:

"including providing a maximum loss of five hundred dollars per individual player who receives public assistance per gambling excursion;".

Representative Ford raised a point of order that House Amendment No. 1 to House Amendment No. 2 goes beyond the scope of the amendment.

The Chair ruled the point of order not well taken.

Representative Kelley (47) offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2.

House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2 was withdrawn.

Representative Kelley (47) offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 457, Page 2 of said amendment, Lines 10 and 11, by deleting the opening and closing brackets and adding after the word "excursion" the following words:

"and prohibiting anyone receiving Temporary Assistance for Needy Children Funding from gambling on an excursion gambling boat.".

Representative Kelley (47) moved that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Purgason moved that House Amendment No. 1 to House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Bartelsmeyer requested verification of the roll call on the adoption of House Amendment No. 1 to House Amendment No. 2.

Representative Boucher offered House Amendment No. 2 to House Amendment No. 2.

House Amendment No. 2

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 457, Page 2 of said amendment, Section 313.805, Line 10 of said page, by deleting the opening bracket; and

Further amend Page 2 of said amendment, Section 313.805, Line 11, by deleting the closing bracket and adding immediately after the word "excursion" the following:

"for all excursions prior to January 1, 2002, provided that no limitation on loss shall be in effect on or after January 1, 2001, and provided that any increased state excursion gambling boat proceeds deposited in the gaming proceeds for education fund shall be transferred pursuant to section 160.534, RSMo"; and

Further amend said amendment, Page 6, Section 313.805, Line 13, by adding after all of said line the following:

"313.820. 1. An excursion boat licensee shall pay to the commission an admission fee of [two] three dollars for each person embarking on an excursion gambling boat with a ticket of admission. One dollar and fifty cents of such fee shall be deposited to the credit of the gaming commission fund as authorized pursuant to section 313.835, and one dollar and fifty cents of such fee shall not be considered state funds and shall be paid to the home dock city or county. Subject to appropriation, one cent of such fee deposited to the credit of the gaming commission fund may be deposited to the credit of the compulsive gamblers fund created pursuant to the provisions of section 313.842. Nothing in this section shall preclude any licensee from charging any amount deemed necessary for a ticket of admission to any person embarking on an excursion gambling boat. If tickets are issued which are good for more than one excursion, the admission fee shall be paid to the commission for each person using the ticket on each excursion that the ticket is used. If free passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to the commission the same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate; however, the excursion boat licensee may issue fee-free passes to actual and necessary officials and employees of the licensee or other persons actually working on the excursion gambling boat. The issuance of fee-free passes is subject to the rules of the commission, and a list of all persons to whom the fee-free passes are issued shall be filed with the commission.

2. All licensees are subject to all income taxes, sales taxes, earnings taxes, use taxes, property taxes or any other tax or fee now or hereafter lawfully levied by any political subdivision; however, no other license tax, permit tax, occupation tax, excursion fee, or taxes or fees shall be imposed, levied or assessed exclusively upon licensees by a political subdivision. All state taxes not connected directly to gambling games shall be collected by the department of revenue. Notwithstanding the provisions of section 32.057, RSMo, to the contrary, the department of revenue may furnish and the commission may receive tax information to determine if applicants or licensees are complying with the tax laws of this state; however, any tax information acquired by the commission shall not become public record and shall be used exclusively for commission business.

313.835. 1. All revenue received by the commission from license fees, penalties, administrative fees, reimbursement by any excursion gambling boat operators for services provided by the commission and admission fees authorized pursuant to the provisions of sections 313.800 to 313.850, except that portion of the admission fee, not to exceed one cent, that may be appropriated to the compulsive gamblers fund as provided in section 313.820, shall be deposited in the state treasury to the credit of the "Gaming Commission Fund" which is hereby created for the sole purpose of funding the administrative costs of the commission, subject to appropriation. Moneys deposited into this fund shall not be considered proceeds of gambling operations. Moneys deposited into the gaming commission fund shall be considered state funds pursuant to article IV, section 15 of the Missouri Constitution. All interest received on the gaming commission fund shall be credited to the gaming commission fund. In each fiscal year, total revenues to the gaming commission fund for the preceding fiscal year shall be compared to total expenditures and transfers from the gaming commission fund for the preceding fiscal year. The remaining net proceeds in the gaming commission fund shall be distributed in the following manner:

(1) The first five hundred thousand dollars shall be appropriated on a per capita basis to cities and counties that match the state portion and have demonstrated a need for funding community neighborhood organization programs for the homeless and to deter gang-related violence and crimes;

(2) The remaining net proceeds in the gaming commission fund for fiscal year 1998 and prior years shall be transferred to the "Veterans' Commission Capital Improvement Trust Fund", as hereby created in the state treasury. The state treasurer shall administer the veterans' commission capital improvement trust fund, and the moneys in such fund shall be used solely, upon appropriation, by the Missouri veterans' commission for:

(a) The construction, maintenance or renovation or equipment needs of veterans' homes in this state;

(b) The construction, maintenance, renovation, equipment needs and operation of veterans' cemeteries in this state;

(c) Fund transfers to Missouri veterans' homes fund established pursuant to the provisions of section 42.121, RSMo, as necessary to maintain solvency of the fund; and

(d) Fund transfers to any municipality with a population greater than four hundred thousand and located in part of a county with a population greater than six hundred thousand in this state which has established a fund for the sole purpose of the restoration, renovation and maintenance of a memorial or museum or both dedicated to World War I. Appropriations from the veterans' commission capital improvement trust fund to such memorial fund shall be provided only as a one-time match for other funds devoted to the project and shall not exceed five million dollars. Additional appropriations not to exceed ten million dollars total may be made from the veterans' commission capital improvement trust fund as a match to other funds for the new construction or renovation of other facilities dedicated as veterans' memorials in the state. All appropriations for renovation, new construction, reconstruction, and maintenance of veterans' memorials shall be made only for applications received by the Missouri veterans' commission prior to July 1, 2004.

Any interest which accrues to the fund shall remain in the fund and shall be used in the same manner as moneys which are transferred to the fund pursuant to this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the veterans' commission capital improvement trust fund at the end of any biennium shall not be transferred to the credit of the general revenue fund;

(3) The remaining net proceeds in the gaming commission fund for fiscal year 1999 and each fiscal year thereafter shall be distributed as follows:

(a) Three million dollars shall be transferred to the veterans' commission capital improvement trust fund;

(b) Three million dollars shall be transferred to the Missouri national guard trust fund created in section 41.214, RSMo;

(c) Three million dollars shall be transferred to the Missouri college guarantee fund, established pursuant to the provisions of section 173.248, RSMo, and additional moneys as annually appropriated by the general assembly shall be appropriated to such fund;

(d) Subject to appropriations, one hundred percent of remaining net proceeds in the gaming commission fund except as provided in paragraph (l) of this subdivision, shall be transferred to the "Early Childhood Development, Education and Care Fund" which is hereby created to give parents meaningful choices and assistance in choosing the child-care and education arrangements that are appropriate for their family. All interest received on the fund shall be credited to the fund. Notwithstanding the provisions of section 33.080, RSMo, moneys in the fund at the end of any biennium shall not be transferred to the credit of the general revenue fund. Any moneys deposited in such fund shall be used to support programs that prepare children prior to the age in which they are eligible to enroll in kindergarten, pursuant to section 160.053, RSMo, to enter school ready to learn. All moneys deposited in the early childhood development, education and care fund shall be annually appropriated for voluntary, early childhood development, education and care programs serving children in every region of the state not yet enrolled in kindergarten;

(e) No less than sixty percent of moneys deposited in the early childhood development, education and care fund shall be appropriated as provided in this paragraph to the department of elementary and secondary education and to the department of social services to provide early childhood development, education and care programs through competitive grants to, or contracts with, governmental or private agencies. Eighty percent of such moneys pursuant to the provisions of this paragraph and additional moneys as appropriated by the general assembly shall be appropriated to the department of elementary and secondary education and twenty percent of such moneys pursuant to the provisions of this paragraph shall be appropriated to the department of social services. The departments shall provide public notice and information about the grant process to potential applicants.

a. Grants or contracts may be provided for:

(i) Start-up funds for necessary materials, supplies, equipment and facilities; and

(ii) Ongoing costs associated with the implementation of a sliding parental fee schedule based on income;

b. Grant and contract applications shall, at a minimum, include:

(i) A funding plan which demonstrates funding from a variety of sources including parental fees;

(ii) A child development, education and care plan that is appropriate to meet the needs of children;

(iii) The identity of any partner agencies or contractual service providers;

(iv) Documentation of community input into program development;

(v) Demonstration of financial and programmatic accountability on an annual basis;

(vi) Commitment to state licensure within one year of the initial grant, if funding comes from the appropriation to the department of elementary and secondary education and commitment to compliance with the requirements of the department of social services, if funding comes from the department of social services; and

(vii) With respect to applications by public schools, the establishment of a parent advisory committee within each public school program;

c. In awarding grants and contracts pursuant to this paragraph, the departments may give preference to programs which:

(i) Are new or expanding programs which increase capacity;

(ii) Target geographic areas of high need, namely where the ratio of program slots to children under the age of six in the area is less than the same ratio statewide;

(iii) Are programs designed for special needs children;

(iv) Are programs that offer services during nontraditional hours and weekends; or

(v) Are programs that serve a high concentration of low-income families;

d. Beginning on August 28, 1998, the department of elementary and secondary education and the department of social services shall initiate and conduct a four-year study to evaluate the impact of early childhood development, education and care in this state. The study shall consist of an evaluation of children eligible for moneys pursuant to this paragraph, including an evaluation of the early childhood development, education and care of those children participating in such program and those not participating in the program over a four-year period. At the conclusion of the study, the department of elementary and secondary education and the department of social services shall, within ninety days of conclusion of the study, submit a report to the general assembly and the governor, with an analysis of the study required pursuant to this subparagraph, all data collected, findings, and other information relevant to early childhood development, education and care;

(f) No less than ten percent of moneys deposited in the early childhood development, education and care fund shall be appropriated to the department of social services to provide early childhood development, education and care programs through child development, education and care certificates to families whose income does not exceed one hundred eighty-five percent of the federal poverty level in the manner pursuant to 42 U.S.C. 9858c(c)(2)(A) and 42 U.S.C. 9858n(2) for the purpose of funding early childhood development, education and care programs as approved by the department of social services. At a minimum, the certificate shall be of a value per child which is commensurate with the per child payment under item (ii) of subparagraph a. of paragraph (e) of this subdivision pertaining to the grants or contracts. On February first of each year the department shall certify the total amount of child development, education and care certificates applied for and the unused balance of the funds shall be released to be used for supplementing the competitive grants and contracts program authorized pursuant to paragraph (e) of this subdivision;

(g) No less than ten percent of moneys deposited in the early childhood development, education and care fund shall be appropriated to the department of social services to increase reimbursements to child-care facilities for low-income children that are accredited by a recognized, early childhood accrediting organization;

(h) No less than ten percent of the funds deposited in the early childhood development, education and care fund shall be appropriated to the department of social services to provide assistance to eligible parents whose family income does not exceed one hundred eighty-five percent of the federal poverty level who wish to care for their children under three years of age in the home, to enable such parent to take advantage of early childhood development, education and care programs for such parent's child or children. At a minimum, the certificate shall be of a value per child which is commensurate with the per child payment under item (ii) of subparagraph a. of paragraph (e) of this subdivision pertaining to the grants or contracts. The department of social services shall provide assistance to these parents in the effective use of early childhood development, education and care tools and methods;

(i) In setting the value of parental certificates under paragraph (f) of this subdivision and payments under paragraph (h) of this subdivision, the department of social services may increase the value based on the following:

a. The adult caretaker of the children successfully participates in the parents as teachers program pursuant to the provisions of sections 178.691 to 178.699, RSMo, a training program provided by the department on early childhood development, education and care, the home-based Head Start program as defined in 42 U.S.C. 9832 or a similar program approved by the department;

b. The adult caretaker consents to and clears a child abuse or neglect screening pursuant to subdivision (1) of subsection 2 of section 210.152, RSMo; and

c. The degree of economic need of the family;

(j) The department of elementary and secondary education and the department of social services each shall by rule promulgated pursuant to chapter 536, RSMo, establish guidelines for the implementation of the early childhood development, education and care programs as provided in paragraphs (e) through (i) of this subdivision;

(k) Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in paragraph (j) of this subdivision shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however, nothing in this section shall be interpreted to repeal or affect the validity of any rule adopted or promulgated prior to August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to August 28, 1998;

(l) When the remaining net proceeds, as such term is used pursuant to paragraph (d) of this subdivision, in the gaming commission fund annually exceeds twenty-seven million dollars, one and one-half million dollars of such proceeds shall be transferred annually, subject to appropriation, to the Missouri college guarantee fund, established pursuant to the provisions of section 173.248, RSMo;

(4) Notwithstanding any other provision of this section to the contrary, the first ten million dollars of additional moneys generated by the increase of the excursion boat admission fee pursuant to section 313.820 from two dollars to three dollars and transferred to the veteran's commission capital improvement trust fund shall be dedicated to the restoration, renovation and maintenance of a memorial museum, or both, dedicated to World War I and located in any municipality with a population greater than four hundred thousand and in part of a county with a population greater than six hundred thousand; and the next fifty thousand dollars of additional moneys generated by said increase of the excursion boat admission fee transferred to the veteran's commission capital improvement trust fund shall be dedicated to any veterans' memorial project operated in any fourth-class city with a population greater than thirty thousand but less than thirty-one thousand located in a county of the first classification with a charter form of government and a population greater than six hundred thousand and less than seven hundred thousand; and all additional moneys generated by said increase in the excursion boat admission fee thereafter shall be dedicated to the veterans' commission capital improvement trust fund as otherwise provided by subdivision (2) of subsection 1 of this section.

2. Upon request by the veterans' commission, the general assembly may appropriate moneys from the veterans' commission capital improvements trust fund to the Missouri national guard trust fund to support the activities described in section 41.958, RSMo."; and

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

Representative Reid requested a division of the question on House Amendment No. 2 to House Amendment No. 2.

House Amendment No. 2

to

House Amendment No. 2

PART I

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 457, Page 2 of said amendment, Section 313.805, Line 10 of said page, by deleting the opening bracket; and

Further amend Page 2 of said amendment, Section 313.805, Line 11, by deleting the closing bracket; and

Further amend said amendment, Page 6, Section 313.805, Line 13, by adding after all of said line the following:

"313.820. 1. An excursion boat licensee shall pay to the commission an admission fee of [two] three dollars for each person embarking on an excursion gambling boat with a ticket of admission. One dollar and fifty cents of such fee shall be deposited to the credit of the gaming commission fund as authorized pursuant to section 313.835, and one dollar and fifty cents of such fee shall not be considered state funds and shall be paid to the home dock city or county. Subject to appropriation, one cent of such fee deposited to the credit of the gaming commission fund may be deposited to the credit of the compulsive gamblers fund created pursuant to the provisions of section 313.842. Nothing in this section shall preclude any licensee from charging any amount deemed necessary for a ticket of admission to any person embarking on an excursion gambling boat. If tickets are issued which are good for more than one excursion, the admission fee shall be paid to the commission for each person using the ticket on each excursion that the ticket is used. If free passes or complimentary admission tickets are issued, the excursion boat licensee shall pay to the commission the same fee upon these passes or complimentary tickets as if they were sold at the regular and usual admission rate; however, the excursion boat licensee may issue fee-free passes to actual and necessary officials and employees of the licensee or other persons actually working on the excursion gambling boat. The issuance of fee-free passes is subject to the rules of the commission, and a list of all persons to whom the fee-free passes are issued shall be filed with the commission.

2. All licensees are subject to all income taxes, sales taxes, earnings taxes, use taxes, property taxes or any other tax or fee now or hereafter lawfully levied by any political subdivision; however, no other license tax, permit tax, occupation tax, excursion fee, or taxes or fees shall be imposed, levied or assessed exclusively upon licensees by a political subdivision. All state taxes not connected directly to gambling games shall be collected by the department of revenue. Notwithstanding the provisions of section 32.057, RSMo, to the contrary, the department of revenue may furnish and the commission may receive tax information to determine if applicants or licensees are complying with the tax laws of this state; however, any tax information acquired by the commission shall not become public record and shall be used exclusively for commission business.

313.835. 1. All revenue received by the commission from license fees, penalties, administrative fees, reimbursement by any excursion gambling boat operators for services provided by the commission and admission fees authorized pursuant to the provisions of sections 313.800 to 313.850, except that portion of the admission fee, not to exceed one cent, that may be appropriated to the compulsive gamblers fund as provided in section 313.820, shall be deposited in the state treasury to the credit of the "Gaming Commission Fund" which is hereby created for the sole purpose of funding the administrative costs of the commission, subject to appropriation. Moneys deposited into this fund shall not be considered proceeds of gambling operations. Moneys deposited into the gaming commission fund shall be considered state funds pursuant to article IV, section 15 of the Missouri Constitution. All interest received on the gaming commission fund shall be credited to the gaming commission fund. In each fiscal year, total revenues to the gaming commission fund for the preceding fiscal year shall be compared to total expenditures and transfers from the gaming commission fund for the preceding fiscal year. The remaining net proceeds in the gaming commission fund shall be distributed in the following manner:

(1) The first five hundred thousand dollars shall be appropriated on a per capita basis to cities and counties that match the state portion and have demonstrated a need for funding community neighborhood organization programs for the homeless and to deter gang-related violence and crimes;

(2) The remaining net proceeds in the gaming commission fund for fiscal year 1998 and prior years shall be transferred to the "Veterans' Commission Capital Improvement Trust Fund", as hereby created in the state treasury. The state treasurer shall administer the veterans' commission capital improvement trust fund, and the moneys in such fund shall be used solely, upon appropriation, by the Missouri veterans' commission for:

(a) The construction, maintenance or renovation or equipment needs of veterans' homes in this state;

(b) The construction, maintenance, renovation, equipment needs and operation of veterans' cemeteries in this state;

(c) Fund transfers to Missouri veterans' homes fund established pursuant to the provisions of section 42.121, RSMo, as necessary to maintain solvency of the fund; and

(d) Fund transfers to any municipality with a population greater than four hundred thousand and located in part of a county with a population greater than six hundred thousand in this state which has established a fund for the sole purpose of the restoration, renovation and maintenance of a memorial or museum or both dedicated to World War I. Appropriations from the veterans' commission capital improvement trust fund to such memorial fund shall be provided only as a one-time match for other funds devoted to the project and shall not exceed five million dollars. Additional appropriations not to exceed ten million dollars total may be made from the veterans' commission capital improvement trust fund as a match to other funds for the new construction or renovation of other facilities dedicated as veterans' memorials in the state. All appropriations for renovation, new construction, reconstruction, and maintenance of veterans' memorials shall be made only for applications received by the Missouri veterans' commission prior to July 1, 2004.

Any interest which accrues to the fund shall remain in the fund and shall be used in the same manner as moneys which are transferred to the fund pursuant to this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the veterans' commission capital improvement trust fund at the end of any biennium shall not be transferred to the credit of the general revenue fund;

(3) The remaining net proceeds in the gaming commission fund for fiscal year 1999 and each fiscal year thereafter shall be distributed as follows:

(a) Three million dollars shall be transferred to the veterans' commission capital improvement trust fund;

(b) Three million dollars shall be transferred to the Missouri national guard trust fund created in section 41.214, RSMo;

(c) Three million dollars shall be transferred to the Missouri college guarantee fund, established pursuant to the provisions of section 173.248, RSMo, and additional moneys as annually appropriated by the general assembly shall be appropriated to such fund;

(d) Subject to appropriations, one hundred percent of remaining net proceeds in the gaming commission fund except as provided in paragraph (l) of this subdivision, shall be transferred to the "Early Childhood Development, Education and Care Fund" which is hereby created to give parents meaningful choices and assistance in choosing the child-care and education arrangements that are appropriate for their family. All interest received on the fund shall be credited to the fund. Notwithstanding the provisions of section 33.080, RSMo, moneys in the fund at the end of any biennium shall not be transferred to the credit of the general revenue fund. Any moneys deposited in such fund shall be used to support programs that prepare children prior to the age in which they are eligible to enroll in kindergarten, pursuant to section 160.053, RSMo, to enter school ready to learn. All moneys deposited in the early childhood development, education and care fund shall be annually appropriated for voluntary, early childhood development, education and care programs serving children in every region of the state not yet enrolled in kindergarten;

(e) No less than sixty percent of moneys deposited in the early childhood development, education and care fund shall be appropriated as provided in this paragraph to the department of elementary and secondary education and to the department of social services to provide early childhood development, education and care programs through competitive grants to, or contracts with, governmental or private agencies. Eighty percent of such moneys pursuant to the provisions of this paragraph and additional moneys as appropriated by the general assembly shall be appropriated to the department of elementary and secondary education and twenty percent of such moneys pursuant to the provisions of this paragraph shall be appropriated to the department of social services. The departments shall provide public notice and information about the grant process to potential applicants.

a. Grants or contracts may be provided for:

(i) Start-up funds for necessary materials, supplies, equipment and facilities; and

(ii) Ongoing costs associated with the implementation of a sliding parental fee schedule based on income;

b. Grant and contract applications shall, at a minimum, include:

(i) A funding plan which demonstrates funding from a variety of sources including parental fees;

(ii) A child development, education and care plan that is appropriate to meet the needs of children;

(iii) The identity of any partner agencies or contractual service providers;

(iv) Documentation of community input into program development;

(v) Demonstration of financial and programmatic accountability on an annual basis;

(vi) Commitment to state licensure within one year of the initial grant, if funding comes from the appropriation to the department of elementary and secondary education and commitment to compliance with the requirements of the department of social services, if funding comes from the department of social services; and

(vii) With respect to applications by public schools, the establishment of a parent advisory committee within each public school program;

c. In awarding grants and contracts pursuant to this paragraph, the departments may give preference to programs which:

(i) Are new or expanding programs which increase capacity;

(ii) Target geographic areas of high need, namely where the ratio of program slots to children under the age of six in the area is less than the same ratio statewide;

(iii) Are programs designed for special needs children;

(iv) Are programs that offer services during nontraditional hours and weekends; or

(v) Are programs that serve a high concentration of low-income families;

d. Beginning on August 28, 1998, the department of elementary and secondary education and the department of social services shall initiate and conduct a four-year study to evaluate the impact of early childhood development, education and care in this state. The study shall consist of an evaluation of children eligible for moneys pursuant to this paragraph, including an evaluation of the early childhood development, education and care of those children participating in such program and those not participating in the program over a four-year period. At the conclusion of the study, the department of elementary and secondary education and the department of social services shall, within ninety days of conclusion of the study, submit a report to the general assembly and the governor, with an analysis of the study required pursuant to this subparagraph, all data collected, findings, and other information relevant to early childhood development, education and care;

(f) No less than ten percent of moneys deposited in the early childhood development, education and care fund shall be appropriated to the department of social services to provide early childhood development, education and care programs through child development, education and care certificates to families whose income does not exceed one hundred eighty-five percent of the federal poverty level in the manner pursuant to 42 U.S.C. 9858c(c)(2)(A) and 42 U.S.C. 9858n(2) for the purpose of funding early childhood development, education and care programs as approved by the department of social services. At a minimum, the certificate shall be of a value per child which is commensurate with the per child payment under item (ii) of subparagraph a. of paragraph (e) of this subdivision pertaining to the grants or contracts. On February first of each year the department shall certify the total amount of child development, education and care certificates applied for and the unused balance of the funds shall be released to be used for supplementing the competitive grants and contracts program authorized pursuant to paragraph (e) of this subdivision;

(g) No less than ten percent of moneys deposited in the early childhood development, education and care fund shall be appropriated to the department of social services to increase reimbursements to child-care facilities for low-income children that are accredited by a recognized, early childhood accrediting organization;

(h) No less than ten percent of the funds deposited in the early childhood development, education and care fund shall be appropriated to the department of social services to provide assistance to eligible parents whose family income does not exceed one hundred eighty-five percent of the federal poverty level who wish to care for their children under three years of age in the home, to enable such parent to take advantage of early childhood development, education and care programs for such parent's child or children. At a minimum, the certificate shall be of a value per child which is commensurate with the per child payment under item (ii) of subparagraph a. of paragraph (e) of this subdivision pertaining to the grants or contracts. The department of social services shall provide assistance to these parents in the effective use of early childhood development, education and care tools and methods;

(i) In setting the value of parental certificates under paragraph (f) of this subdivision and payments under paragraph (h) of this subdivision, the department of social services may increase the value based on the following:

a. The adult caretaker of the children successfully participates in the parents as teachers program pursuant to the provisions of sections 178.691 to 178.699, RSMo, a training program provided by the department on early childhood development, education and care, the home-based Head Start program as defined in 42 U.S.C. 9832 or a similar program approved by the department;

b. The adult caretaker consents to and clears a child abuse or neglect screening pursuant to subdivision (1) of subsection 2 of section 210.152, RSMo; and

c. The degree of economic need of the family;

(j) The department of elementary and secondary education and the department of social services each shall by rule promulgated pursuant to chapter 536, RSMo, establish guidelines for the implementation of the early childhood development, education and care programs as provided in paragraphs (e) through (i) of this subdivision;

(k) Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is promulgated under the authority delegated in paragraph (j) of this subdivision shall become effective only if the agency has fully complied with all of the requirements of chapter 536, RSMo, including but not limited to, section 536.028, RSMo, if applicable, after August 28, 1998. All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however, nothing in this section shall be interpreted to repeal or affect the validity of any rule adopted or promulgated prior to August 28, 1998. If the provisions of section 536.028, RSMo, apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028, RSMo, to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act shall affect the validity of any rule adopted and promulgated prior to August 28, 1998;

(l) When the remaining net proceeds, as such term is used pursuant to paragraph (d) of this subdivision, in the gaming commission fund annually exceeds twenty-seven million dollars, one and one-half million dollars of such proceeds shall be transferred annually, subject to appropriation, to the Missouri college guarantee fund, established pursuant to the provisions of section 173.248, RSMo;

(4) Notwithstanding any other provision of this section to the contrary, the first ten million dollars of additional moneys generated by the increase of the excursion boat admission fee pursuant to section 313.820 from two dollars to three dollars and transferred to the veteran's commission capital improvement trust fund shall be dedicated to the restoration, renovation and maintenance of a memorial museum, or both, dedicated to World War I and located in any municipality with a population greater than four hundred thousand and in part of a county with a population greater than six hundred thousand; and the next fifty thousand dollars of additional moneys generated by said increase of the excursion boat admission fee transferred to the veteran's commission capital improvement trust fund shall be dedicated to any veterans' memorial project operated in any fourth-class city with a population greater than thirty thousand but less than thirty-one thousand located in a county of the first classification with a charter form of government and a population greater than six hundred thousand and less than seven hundred thousand; and all additional moneys generated by said increase in the excursion boat admission fee thereafter shall be dedicated to the veterans' commission capital improvement trust fund as otherwise provided by subdivision (2) of subsection 1 of this section.

2. Upon request by the veterans' commission, the general assembly may appropriate moneys from the veterans' commission capital improvements trust fund to the Missouri national guard trust fund to support the activities described in section 41.958, RSMo."; and

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

On motion of Representative Boucher, Part I of House Amendment No. 2 to House Amendment No. 2 was adopted.

House Amendment No. 2

to

House Amendment No. 2

PART II

AMEND House Amendment No. 2 to House Committee Substitute for House Bill No. 457, Page 2 of said amendment, Line 11, by inserting after the word "excursion" the following:

"For all excursions prior to January 1, 2002, provided that no limitation on loss shall be in effect on or after January 1, 2001, and provided that any increased state excursion gambling boat proceeds deposited in the gaming proceeds for education fund shall be transferred pursuant to section 160.534, RSMo".

Representative Boucher moved that Part II of House Amendment No. 2 to House Amendment No. 2 be adopted.

Which motion was defeated by the following vote:

Representative Ford moved that House Amendment No. 2, as amended, lay on the table.

Which motion was adopted by the following vote:

HCS HB 457, with House Amendment No. 2, as amended, tabled, was laid over.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 759 - Civil and Administrative Law

HB 1012 - Criminal Law

HB 1013 - Sportmanship, Safety and Firearms

COMMITTEE REPORT

Committee on Education-Elementary and Secondary, Chairman Franklin reporting:

Mr. Speaker: Your Committee on Education-Elementary and Secondary, to which was referred HCR 10, begs leave to report it has examined the same and recommends that it Do Pass.

House Concurrent Resolution No. 10

WHEREAS, the original passage of the federal Individuals with Disabilities Education Act (IDEA) in 1975 established a program of free appropriate public education to better enable students with disabilities to achieve their greatest potential; and

WHEREAS, IDEA also represented an advance in civil rights for disabled children through equal protection; and

WHEREAS, Missouri has demonstrated a strong commitment to serving our children with disabilities through provision of special education and related services to over 127,000 students (14.18 percent of public school enrollment); and

WHEREAS, the original intent of the 94th Congress was to fund IDEA at 40% of its cost, but funding has never exceeded 13%; and

WHEREAS, federal law requires school districts to meet federal standards, but Congress has not provided the promised funding necessary to achieve those standards; and

WHEREAS, Missouri and several other states have legal prohibitions on passing unfunded mandates to the local level and therefore must either make up the shortfall or ask local districts to do so and thereby risk litigation; and

WHEREAS, local districts must then cover the mandated expenses of special education and reduce funding for teachers, textbooks and supplies, building maintenance and repair, as well as meet the counterproductive reporting burden which severely reduces teacher availability:

NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-first General Assembly, First Regular Session, the Senate concurring therein, hereby urge that before the 107th Congress considers any other education initiatives, that IDEA receive prompt and full funding, and the reporting requirements of IDEA be significantly reduced; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives and every member of the Missouri Congressional delegation.

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 SB 353, entitled:

An act to repeal section 163.011, RSMo 2000, relating to recalculated tax rates for school districts, and to enact in lieu thereof one new section 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 SB 434, entitled:

An act to repeal sections 191.211 and 191.411, RSMo 2000, relating to funding for department of health programs, and to enact in lieu thereof three 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 SCS SB 486, entitled:

An act to repeal section 321.703, RSMo 2000, section 321.701 as enacted by senate substitute for senate committee substitute for house committee substitute for house bills nos. 452, 203, 377, 472, 473, 556 & 647, eighty-eighth general assembly, first regular session and section 321.701 as enacted by conference committee substitute for senate substitute no. 2 for house committee substitute for house bills nos. 484, 199 & 72, eighty-eighth general assembly, first regular session, relating to fire protection districts, 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 SB 521, entitled:

An act to repeal section 287.123, RSMo 2000, relating to workers' compensation insurance carriers, and to enact in lieu thereof one new section 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 SB 605, entitled:

An act to repeal section 384.043, RSMo 2000, relating to surplus lines insurance, and to enact in lieu thereof one new section 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 adopted SCR 22.

Senate Concurrent Resolution No. 22

BE IT RESOLVED by the members of the Senate of the Ninety-first General Assembly, First Regular Session, the House of Representatives 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 Ninety-first General Assembly, First 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 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 Ninety-first General Assembly, First 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.

In which the concurrence of the House is respectfully requested.

ADJOURNMENT

On motion of Representative Foley, the House adjourned until 10:00 a.m., Wednesday, March 28, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Forty-third Day, Thursday, March 15, 2001, pages 739 and 740, roll call, by showing Representative Copenhaver voting "aye" rather than "no".

Correct House Journal, Forty-fifth Day, Monday, March 26, 2001, page 782, roll call, by showing Representative Liese voting "aye" rather than "absent with leave".

Pages 782 and 783, roll call, by showing Representative Bowman voting "aye" rather than "absent with leave".

Pages 785 and 786, roll call, by showing Representatives Bowman and Naeger voting "aye" rather than "absent with leave".

Pages 787 and 788, roll call, by showing Representative Bowman voting "aye" rather than "absent with leave".

Pages 789 and 790, roll call, by showing Representative Bowman voting "aye" rather than "absent with leave".

Page 793, roll call, by showing Representatives Bowman and Reynolds voting "aye" rather than "absent with leave".

Pages 793 and 794, roll call, by showing Representatives Secrest and Villa voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

APPROPRIATIONS - TRANSPORTATION

Thursday, March 29, 2001, 8:30 am. Hearing Room 7.

Presentations on funding formulas.

BUDGET

Wednesday, March 28, 2001, 8:00 am. Hearing Room 3.

Possible Executive Session.

To be considered - HB 13, HB 18, HB 19

BUDGET

Wednesday, March 28, 2001. Hearing Room 3 upon morning adjournment.

Possible Executive Session.

To be considered - HB 18, HB 19

BUDGET

Thursday, March 29, 2001, 8:00 am. Hearing Room 3.

Possible Executive Session.

To be considered - HB 18, HB 19

CIVIL AND ADMINISTRATIVE LAW

Wednesday, March 28, 2001. Hearing Room 1 upon morning adjournment.

Executive Session may follow. AMENDED.

To be considered - HB 759, HB 898, HB 908, HB 921

CONSERVATION, STATE PARKS AND MINING

Wednesday, March 28, 2001, 8:30 am. Hearing Room 1.

Executive Session may follow.

To be considered - HB 374, HB 379

EDUCATION - ELEMENTARY AND SECONDARY

Wednesday, March 28, 2001, 8:30 am. Hearing Room 4.

To be considered - HB 95, HB 128, HB 131, HB 649, HJR 18, Executive Session - HB 199, Executive Session - HB 637

EDUCATION - HIGHER

Wednesday, March 28, 2001, 1:15 pm. Hearing Room 5.

Executive Session. To be considered - SB 25

FISCAL REVIEW AND GOVERNMENT REFORM

Wednesday, March 28, 2001. Hearing Room 6 upon morning adjournment.

(Fiscal Note).

To be considered - HB 256, HB 314, HB 501, HB 754, HB 762

JOINT COMMITTEE ON CORRECTIONS

Wednesday, March 28, 2001, 12:30 pm. Senate Committee Room 1.

Organizational meeting.

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, March 28, 2001, 9:30 am. Side gallery.

To be considered - Executive Session - HB 172, Executive Session - HB 186

RETIREMENT

Wednesday, March 28, 2001, 8:00 pm. Hearing Room 1.

To be considered - HB 659, HB 671, HB 672, HB 674

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Wednesday, March 28, 2001. Side gallery upon morning adjournment.

Executive Session.

SPECIAL COMMITTEE ON REDISTRICTING

Wednesday, March 28, 2001, 1:00 pm. Hearing Rooms 2A and 2B.

Organizational meeting.

SUBCOMMITTEE ON TOBACCO SETTLEMENT

Thursday, March 29, 2001. Hearing Room 3 upon adjournment.

To be considered - HB 14

UTILITIES REGULATION

Thursday, March 29, 2001, 8:15 am. Hearing Room 6.

Executive Session may follow.

To be considered - HB 823

HOUSE CALENDAR

FORTY-SEVENTH DAY, WEDNESDAY, MARCH 28, 2001

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1 HCS HJR 15 & 13 - Crawford

2 HJR 11 - Gambaro

HOUSE BILLS FOR PERFECTION

1 HCS HB 924, 714, 685, 756, 734 & 518 - Wiggins

2 HB 891 - Smith

3 HCS HB 457, HA 2, as amended, tabled - Kreider

4 HB 915 - Graham

5 HB 612, HCA 1 - Ladd Baker

6 HB 349 - Hosmer

7 HCS HB 824 - Abel

8 HCS HB 581 - Ridgeway

9 HB 679 - Boykins

10 HCS HB 835, 90, 707, 373, 641, 510, 516 & 572 - Britt

11 HB 286, HCA 1 & HCA 2 - Smith

12 HCS HB 280, 69, 497 & 689 - Hoppe

13 HB 527 - Luetkenhaus

14 HB 736 - Liese

15 HB 366 - Champion

16 HB 678 - Seigfreid

17 HB 436 - Merideth

18 HCS HB 472 - Burton

19 HCS HB 488 - Koller

20 HB 592 - Williams

21 HCS HB 660 - Hagan-Harrell

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 113 - Hickey

2 HB 882 - Crump

HOUSE BILLS FOR PERFECTION - CONSENT

(March 15, 2001)

1 HB 949 - Barry

2 HB 725 - Britt

3 HB 590 - Graham

4 HB 648 - Ostmann

5 HB 664 - Skaggs

6 HB 897 - Kreider

7 HB 716 - Burton

8 HB 796 - Hosmer

9 HB 865 - Davis

10 HB 458 - Lawson

11 HB 805 - Mayer

12 HB 821 - Hosmer

13 HB 285 - Riback Wilson (25)

14 HB 816 - Kennedy

15 HB 644 - Burton

(March 22, 2001)

1 HB 52 - Ward

2 HB 498 - Wagner

3 HB 704 - Gambaro

4 HB 922 - Gaskill

5 HB 951 - Gratz

6 HB 596 - Kennedy

7 HB 745 - Farnen

8 HB 945 - Hosmer

9 HB 909 - Davis

10 HB 606 - Kennedy

11 HB 955 - Green (73)

12 HB 410 - Holt

13 HB 402 - Boucher

14 HB 84 - Richardson

15 HB 954 - Hosmer

16 HB 825 - Kennedy

17 HB 881 - Scott

18 HB 408 - Kelley (47)

19 HB 933 - Reid

20 HB 904 - Merideth

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 4, (3-26-01, pages 799 & 800) - Williams

2 HCR 10, (3-27-01) - Holand

HOUSE BILLS FOR THIRD READING

1 HCS HB 754, 29, 300 & 505, (Fiscal Review 3-15-01) - Franklin

2 HS HCS HB 762, (Fiscal Review 3-15-01) - Barry

3 HB 501, (Fiscal Review 3-15-01) - Bowman

4 HB 314, (Fiscal Review 3-15-01) - Nordwald

5 HS HCS HB 327 - Rizzo

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 626 - Hosmer

2 HB 693 - Smith

3 HB 769 - Harlan

4 HB 537 - Ostmann

5 HB 544 - Holand

6 HB 318 - O'Toole

7 HB 385 - Franklin

SENATE CONCURRENT RESOLUTION FOR SECOND READING

SCR 22

SENATE BILLS FOR SECOND READING

1 SB 353

2 SB 434

3 SCS SB 486

4 SB 521

5 SB 605

SENATE BILL FOR THIRD READING

SB 256, HCA 1, E.C. (Fiscal Review 3-14-01) - O'Toole

HOUSE RESOLUTION

HR 152, (3-1-01, page 557) - Harlan

Missouri House of Representatives