Journal of the House

Second Regular Session, 91st General Assembly

TWENTIETH DAY, Tuesday, February 12, 2002

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

Sometimes, God, the struggles seem overwhelming, the challenges just too obstinate. These men and women, our elected representatives, have much to confront this session. Some, especially those who cannot be with us next session, may be tempted to relinquish some of the battle.

We pray for them especially today and ask You to rally round them that they might continue to give of their best. To all these men and women, honorable in motive and action, give special strength in office or conference today and throughout this legislative session. Help them serve our state and our citizens in whatever way they can. Amen.

The Pledge of Allegiance to the flag was recited.

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

The Journal of the nineteenth day was approved as printed.

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

RESOLUTION

Representative Hampton, et al, offered House Resolution No. 281.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 279

and

House Resolution No. 280 - Representative Crowell

House Resolution No. 282 - Representative Mayer

House Resolution No. 283

through

House Resolution No. 287 - Representative Hanaway, et al

House Resolution No. 288 - Representatives Lograsso and Ross

House Resolution No. 289 - Representative Lograsso

House Resolution No. 290 - Representative Holand

House Resolution No. 291 - Representative Townley

House Resolution No. 292 - Representative Moore

House Resolution No. 293 - Representative Fares

SECOND READING OF HOUSE JOINT RESOLUTION

HJR 48 was read the second time.

SECOND READING OF HOUSE BILLS - APPROPRIATIONS

HB 1102, HB 1103, HB 1108, HB 1112 and HB 1120 were read the second time.

SECOND READING OF HOUSE BILLS

HB 1866 through HB 1889 were read the second time.

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 40 was read the second time.

COMMITTEE REPORTS

Committee on Budget, Chairman Green (73) reporting:

Mr. Speaker: Your Committee on Budget, to which was referred HB 1711, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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 HJR 32 and HCS HBs 1134, 1100 & 1159, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

SUPPLEMENTAL CALENDAR

(2-12-02)

HOUSE BILL FOR PERFECTION

HCS HB 1711 - Graham

Representative Smith assumed the Chair.

Speaker Kreider resumed the Chair.

PERFECTION OF HOUSE BILL

HCS HBs 1150, 1237 & 1327, relating to negotiation of tax liability, was taken up by Representative Bray.

Representative Campbell offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill Nos. 1150, 1237 & 1327, Section 32.375, Page 2, Lines 33 through 50, by deleting all of said lines.

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

Representative Harding offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill Nos. 1150, 1237 & 1327, Page 1, Line 3 of the title, by inserting after the word "revenue" the words ",with an emergency clause for certain sections"; and

Further amend said bill, Page 5, Section 32.378, Line 81, by inserting after said line the following:

"32.380. 1. Notwithstanding the provisions of any other law, with respect to taxes administered by the department of revenue, an amnesty from the assessment or payment of all penalties, additions to tax and interest shall apply with respect to unpaid taxes reported and paid in full during the period from August 1, 2002, through and including September 30, 2002, regardless of whether previously assessed, except for penalties, additions and interest already paid before such date. This amnesty shall only apply to state tax liabilities due but unpaid on or before December 31, 2001, and shall not extend to any taxpayer who at the time of payment:

(a) Is a party to any criminal investigations or to any civil or criminal litigation that is pending in any court of the United States or the state of Missouri for nonpayment, delinquency, or fraud in relation to any state tax imposed by Missouri law;

(b) Is a party to an appeal with the Administrative Hearing Commission; or

(c) Is a party to a protest with the department of revenue.

2. Upon written application by the taxpayer, as prescribed by the director of revenue, and upon compliance with the terms and provisions of this act, the department shall not seek to collect any interest, nor any penalties that may be applicable. In addition, the department shall not seek civil or criminal prosecution for any taxpayer for the taxable period for which amnesty has been granted.

3. Amnesty will be granted only to those taxpayers who have applied for amnesty within the period stated in this act, filed a tax return for each taxable period for which amnesty is requested, have paid the entire balance due within 60 days of approval by the department of revenue and agree to comply with Missouri tax laws for the next three years from the date of the agreement. No taxpayer shall be entitled to a waiver of penalty or interest pursuant to this section unless full payment of the tax due is made in accordance with rules and procedures established by the director of revenue.

4. There may be imposed a collection fee, not to exceed 25% of the delinquent tax amount, which shall not be subject to waiver or abatement, in addition to all other penalties and interest otherwise authorized by law, upon any tax liabilities eligible to be satisfied during the period established pursuant to subsection 1 of this section that are not satisfied during the amnesty period.

5. If a taxpayer elects to participate in the program established pursuant to this section, as that election shall be evidenced by full payment of the tax due as established by the director of revenue, then that election shall constitute an express and absolute relinquishment of all administrative and judicial rights of appeal. No tax payment pursuant to this section shall be eligible for refund or credit.

6. Nothing in this section shall be interpreted to disallow the department to adjust a taxpayer's return as a result of a state or federal audit.

7. The department may promulgate such rules or regulations or issue administrative guidelines as are necessary 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.

Section B. Because there is a serious and immediate need for a tax amnesty program for this state, the enactment of section 32.380 is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the enactment of section 32.380 shall be in full force and effect upon its passage and approval.".

Speaker Pro Tem Abel assumed the Chair.

Representative Foley 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 Nos. 1150, 1237 & 1327, Page 3, Section 32.380, Line 16, by inserting after said line the following:

"8. All new revenues resulting from the enactment of this section shall be deposited in the state school moneys fund as provided in section 166.051, RSMo.".

Representative Froelker 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 for House Committee Substitute for House Bill Nos. 1150, 1237 & 1327, Page 3, Section 32.380, Line 16, by inserting after said line the following:

"8. Fifty percent of all new revenues resulting from the enactment of this section shall be deposited in the rainy day fund as provided in section 33.285, RSMo.".

Representative Froelker moved that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2 be adopted.

Which motion was defeated.

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

Representative Foley 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 Nos. 1150, 1237 & 1327, Page 3, Section 32.380, Line 16, by inserting after said line the following:

"8. All new revenues resulting from the enactment of this section shall be deposited in the state school moneys fund as provided in section 166.051, RSMo, other than revenues earmarked by the state constitution.".

On motion of Representative Foley, House Amendment No. 1 to House Amendment No. 2 was adopted.

Representative Portwood 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 Nos. 1150, 1237 & 1327, Page 2, Section 32.380, by deleting all of subsection 4 of said section and renumber accordingly.

On motion of Representative Portwood, House Amendment No. 2 to House Amendment No. 2 was adopted by the following vote:

Representative Byrd offered House Amendment No. 3 to House Amendment No. 2.

House Amendment No. 3

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for House Bill Nos. 1150, 1237 & 1327, Page 1, Section 32.380, Lines 2 through 3, by striking the phrase "administered by the Department of Revenue" and insert in its stead the phrase "due to the state of Missouri.".

On motion of Representative Byrd, House Amendment No. 3 to House Amendment No. 2 was adopted.

On motion of Representative Harding, House Amendment No. 2, as amended, was adopted by the following vote:

On motion of Representative Bray, HCS HBs 1150, 1237 & 1327, as amended, was adopted.

On motion of Representative Bray, HCS HBs 1150, 1237 & 1327, as amended, was ordered perfected and printed.

THIRD READING OF HOUSE BILL - CONSENT

HB 1151, relating to trusts, was taken up by Representative Smith.

On motion of Representative Smith, HB 1151 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

REFERRAL OF HOUSE RESOLUTION

The following House Resolution was referred to the Committee indicated:

HR 278 - Miscellaneous Bills & Resolutions

REFERRAL OF HOUSE BILLS - APPROPRIATIONS

The following House Bills were referred to the Committee indicated:

HB 1102 - Budget

HB 1103 - Budget

HB 1104 - Budget

HB 1108 - Budget

HB 1112 - Budget

HB 1120 - Budget

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 1371 - Ways and Means

HB 1833 - Ways and Means

HB 1837 - Agriculture

HB 1877 - Budget

RE-REFERRAL OF HOUSE BILLS

The following House Bills were re-referred to the Committee indicated:

HB 1556 - Commerce and Economic Development

HB 1662 - Commerce and Economic Development

HB 1834 - Local Government and Related Matters

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

SS #2 SB 650 - Judiciary

COMMITTEE REPORT

Committee on Agriculture, Chairman Berkowitz reporting:

Mr. Speaker: Your Committee on Agriculture, to which was referred HB 1348, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was read the first time and copies ordered printed:

HCR 16, introduced by Representative Farnen, et al, to request the Joint Committee on the Library of Congress to approve the replacement of a statue in the Statuary Hall of the Capitol of the United States.

INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and copies ordered printed:

HJR 49, introduced by Representatives Graham, McKenna, Curls, Reynolds and Wilson (42), relating to the state revenue limit.

INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and copies ordered printed:

HB 1890, introduced by Representatives Hilgemann, Cooper and Gambaro, relating to the sales tax and refund procedures related to mobile telecommunications services.

HB 1891, introduced by Representative Smith, relating to local sales taxes.

HB 1892, introduced by Representative Berkstresser, relating to reimbursement of expenses in condemnation and inverse condemnation proceedings.

HB 1893, introduced by Representative Barry, relating to the deaf and hard of hearing.

HB 1894, introduced by Representatives Black, Myers, Moore, King, Jetton, Merideth, Barnitz and Quinn, et al, relating to the powers and duties of the state transportation commission.

HB 1895, introduced by Representatives Carnahan, Monaco, Byrd, Bland, Crowell, Bowman and Johnson (90), et al, relating to the criminal records and justice information advisory committee.

HB 1896, introduced by Representatives Barry, Fraser and Gratz, et al, relating to a sales tax exemption for health and fitness centers.

HB 1897, introduced by Representatives Gratz, Koller, Lowe, Lawson, Green (15), Legan and Berkowitz, et al, relating to cost-of-living adjustments for state employees.

HB 1898, introduced by Representatives Campbell and Reinhart, relating to a tax on licensed retail pharmacies in this state.

HB 1899, introduced by Representatives Gratz, Koller, Barry, Crump, Green (15) and Scheve, et al, relating to state aid for public schools.

HB 1900, introduced by Representative Scott, relating to the state legal expense fund.

HB 1901, introduced by Representatives Hilgemann and Carnahan, relating to paraprofessional teacher assistants.

HB 1902, introduced by Representative Kelley (47), relating to the emancipation of seventeen year olds.

HB 1903, introduced by Representative Liese, relating to reinsurance.

HB 1904, introduced by Representative Britt, relating to assaults on the property of hospital emergency rooms and trauma centers.

HB 1905, introduced by Representatives Moore, Crawford and Shoemaker (8), et al, relating to salary adjustments for state employees.

HB 1906, introduced by Representative Green (73), relating to state funds.

HB 1907, introduced by Representatives King, Myers and Franklin, et al, relating to purple martins.

HB 1908, introduced by Representative O'Connor, relating to salvage vehicles.

HB 1909, introduced by Representative O'Connor, relating to licensing of motor vehicle and boat dealers.

HB 1910, introduced by Representatives Barry, Hoppe, Hendrickson and Phillips, relating to assisted living facilities.

HB 1911, introduced by Representatives Selby, Dempsey, Luetkenhaus, Dolan, Bearden, Naeger and Reid, relating to the disposition of fetal remains act.

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 720, entitled:

An act to repeal sections 52.300 and 54.330, RSMo, relating to bonds for deputies for county collectors and treasurer ex officio collectors, 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 758, entitled:

An act to repeal section 589.400, RSMo, relating to registration of offenders, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

WITHDRAWAL OF HOUSE BILL

February 12, 2002

Mr. Ted Wedel

Chief Clerk

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Mr. Wedel:

I wish to withdraw HB 1442 from consideration by the General Assembly.

Thank you for your consideration of this request.

Sincerely,

/s/ Randall Relford

Sixth District

ADJOURNMENT

On motion of Representative Foley, the House adjourned until 10:00 a.m., Wednesday, February 13, 2002.

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, February 13, 2002, 3:00 p.m. Hearing Room 7.

FAPRI public testimony.

Executive Session may follow.

APPROPRIATIONS - CORRECTIONS AND PUBLIC SAFETY

Wednesday, February 13, 2002, 3:00 p.m. Hearing Room 5.

Mark-up.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 13, 2002. Hearing Room 1 upon adjournment.

Mark-up. AMENDED.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, February 13, 2002, 6:00 p.m. Hearing Room 6.

Mark-up.

APPROPRIATIONS - GENERAL ADMINISTRATION

Thursday, February 14, 2002. Hearing Room 7 upon adjournment.

Mark-up.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, February 13, 2002. Hearing Room 6 upon adjournment.

Possible Executive Session. AMENDED.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Tuesday, February 19, 2002. Hearing Room 6 upon adjournment.

Mark-up.

APPROPRIATIONS - HEALTH AND MENTAL HEALTH

Wednesday, February 20, 2002. Hearing Room 6 upon adjournment.

Mark-up.

APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES

Wednesday, February 13, 2002. Hearing Room 5 upon adjournment.

Mark-up.

Department of Natural Resources.

APPROPRIATIONS - SOCIAL SERVICES

Wednesday, February 13, 2002. Hearing Room 3 upon adjournment.

Department of Social Services.

APPROPRIATIONS - TRANSPORTATION

Thursday, February 14, 2002, 8:30 a.m. Hearing Room 7.

To be considered - HB 1104

BANKS AND FINANCIAL INSTITUTIONS

Wednesday, February 13, 2002, 3:00 p.m. Hearing Room 3.

Executive Session may follow.

To be considered - HB 1337, HB 1501, HB 1503, HB 1676

BUDGET

Wednesday, February 13, 2002, 9:00 a.m. Hearing Room 3.

Possible Executive Session. AMENDED.

To be considered - HB 1115

CIVIL AND ADMINISTRATIVE LAW

Wednesday, February 13, 2002, 3:00 p.m. Hearing Room 1.

Executive Session may follow.

To be considered - HB 1195, HB 1523, HB 1579

CRIMINAL LAW

Wednesday, February 13, 2002, 8:00 p.m. Hearing Room 7. AMENDED.

Executive Session will follow.

To be considered - HB 1430, HB 1433, HB 1447, HB 1483, HB 1490

EDUCATION - HIGHER

Wednesday, February 13, 2002, 3:00 p.m. Hearing Rm.6.

Executive Session on any bills that have been heard. AMENDED.

To be considered - HB 1351, HB 1522, HB 1527, HB 1648

ETHICS

Wednesday, February 13, 2002. Side gallery upon morning adjournment.

JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT

Wednesday, February 13, 2002, 2:00 p.m. Hearing Room 2.

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, February 13, 2002, 8:00 a.m. Hearing Room 6. AMENDED.

To be considered - HB 1066, HB 1350, HB 1393, HB 1588, HB 1627, HR 26,

HR 124, HR 136, HR 137

MUNICIPAL CORPORATIONS

Wednesday, February 13, 2002, 3:00 p.m. Hearing Room 4.

To be considered - HB 1194, HB 1209

RETIREMENT

Wednesday, February 13, 2002, 8:00 p.m. Hearing Room 1.

Executive Session may follow.

To be considered - HB 1223, HB 1426, HB 1453, HB 1455

SPECIAL COMMITTEE ON SPORTSMANSHIP, SAFETY AND FIREARMS

Wednesday, February 13, 2002. Hearing Room 7 upon adjournment.

Executive Session may follow.

To be considered - HB 1435, HB 1589, HB 1729

SUBCOMMITTEE ON APPROPRIATIONS - EDUCATION

Thursday, February 14, 2002, 8:30 a.m. Room 207a.

UTILITIES REGULATION

Wednesday, February 13, 2002, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

To be considered - HB 1482, HB 1500

WAYS AND MEANS

Wednesday, February 13, 2002. Side gallery upon adjournment.

Executive Session.

WORKERS COMPENSATION AND EMPLOYMENT SECURITY

Monday, February 18, 2002, 8:00 p.m. Hearing Room 6.

To be considered - HB 1273, HB 1274, HB 1275, HB 1276, HB 1277, HB 1280, HB 1546

HOUSE CALENDAR

TWENTY-FIRST DAY, WEDNESDAY, FEBRUARY 13, 2002

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 16

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 49

HOUSE BILLS FOR SECOND READING

HB 1890 through HB 1911

HOUSE BILL FOR PERFECTION

HCS HB 1711 - Graham

HOUSE JOINT RESOLUTION FOR THIRD READING

HJR 32 - Barry

HOUSE BILL FOR THIRD READING

HCS HB 1134, 1100 & 1559 - Relford

SENATE BILLS FOR SECOND READING

1 SB 720

2 SB 758

Missouri House of Representatives