Journal of the House

Second Regular Session, 91st General Assembly

FIFTY-THIRD DAY, Tuesday, April 16, 2002

Speaker Kreider in the Chair.

Prayer by Representative Ed Hartzler.

Our Heavenly Father,

We pause at the start of today's session to give thanks for the many blessings that have been received by each of us,

For the opportunity to serve and work for the betterment of our State and its citizens,

For the gifts of grace and the promise of salvation.

We ask for guidelines in our work and thoughts so that we can be good stewards of our State's many resources.

Bless our families. Watch over them in our absence.

These things we ask in Thy name.

Amen.

The Pledge of Allegiance to the flag was recited.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Harrison Samuel Hartzler, Kara Patterson, Jennifer Grizzle, Stephanie Tuley, Rebekah White, Levi McKiddy, Abby Sechrest, Megan Beney, Ryan Dickson, Kristina Baldwin, Gregory Laine, David Craft, Kimberly Williams, Emily Hook, Shirneka Smith, George Strickland, Carly Wilburn, Reven Herron, Thomas Herron, Benjamin Rahn, Aaron Howerton, Sarah Adams, Heather Nold, Mallory Ferguson, Wes Killin, Joe VanAmburg, Danielle Curtis, Maria Roriguez, Cassandra Coleman, Lilly Bader, Isabelle Boemelburg, Alyssa Cullaghan, Gloria Parker, Rebecca Long, Brenda Heines, Kelly McCauley, Emily Rost, Claire Darnell, Amanda Capps, Allison Swett, Amber Ferguson, Ashley Watterson, Kristen Savage, Ashley Willard, Nicole Chow, Laura Crumley, Celine Goblet, Stephanie Hotujec, Jenna Bechard, Heather Wilson, Tina Bradford, Kara Patterson, Katie Kuhl, Christina Dietrich, Billy Pointer, Dylan Miller, Brittney Cossia, Alaina Darden, Jerry Brooks, Ross Fuller, Christina Workman, Todd Mattson, Samantha Harris, Jackie Wilmes, Kevin Mattson, Greg Nielson and Ashley Hensley.

The Journal of the fifty-second day was approved as corrected.

HOUSE RESOLUTION

House Resolution No. 897 was taken up by Representative Portwood and read.

HOUSE RESOLUTION NO. 897

Whereas, it was with sad and heavy hearts that the members of the Missouri House of Representatives learned of the death of Lieutenant Terri Fussner, United States Navy, on March 12, 2002, while on active duty; and

Whereas, stationed as a helicopter pilot aboard the destroyer U.S.S. Hayler, Lieutenant Fussner lost her life one day short of her twenty-eighth birthday when her SH-60B Seahawk crashed ten minutes after takeoff eighty miles west of Greece in the Mediterranean Sea while on a routine maintenance check flight; and

Whereas, a native of Ballwin, Lieutenant Fussner was an alumna of the United States Naval Academy in Annapolis, Maryland; and

Whereas, an excellent athlete who ran marathons and triathlons as an adult, Terri Fussner graduated from Parkway South High School in 1992 in the Top Ten Percent of her class; and

Whereas, during her high school years, Terri Fussner maintained an "A" average in her courses; participated in track, swimming, and cheerleading; was a member of the 1991-1992 state championship cheerleading squad; earned placement on the All-State swimming team as a junior and the All-Conference District track team as a sophomore; and enjoyed induction into National Honor Society and election as her senior year Prom Queen; and

Whereas, the late Lieutenant Fussner is survived by her parents, Joyce and Don Fussner of Manchester, and her husband of four years, Lieutenant Garrett Luebker, United States Navy; and

Whereas, Lieutenant Terri Fussner's military service will be commemorated on March 25, 2002, at a ceremony at the Naval Academy, where a headstone will be placed in her honor:

Now, therefore, be it resolved that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, join unanimously to salute the late Lieutenant Terri Fussner; to memorialize her patriotism, life, and work; and to convey to all of her family members, colleagues, and friends this legislative body's most heartfelt condolences at the passing of her considerable warmth and light from their daily lives; and

Be it further resolved that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution in memory of Lieutenant Terri Fussner, United States Navy.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1281

and

House Resolution No. 1282 - Representative Griesheimer

House Resolution No. 1283 - Representative Luetkenhaus

House Resolution No. 1284 - Representative Smith

House Resolution No. 1285 - Representative Jetton

House Resolution No. 1286 - Representative Legan

House Resolution No. 1287 - Representative Moore

House Resolution No. 1288 - Representative Johnson (61)

House Resolution No. 1289 - Representative Townley

House Resolution No. 1290

and

House Resolution No. 1291 - Representative Kelly (144)

House Resolution No. 1292 - Representative Behnen

House Resolution No. 1293 - Representative Crawford

House Resolution No. 1294 - Representatives Williams and Berkstresser

House Resolution No. 1295 - Representative King

House Resolution No. 1296 - Representatives Hampton and Berkowitz

House Resolution No. 1297 - Representative Cooper

House Resolution No. 1298 - Representative Green (73)

House Resolution No. 1299 - Representative Williams

House Resolution No. 1300

through

House Resolution No. 1313 - Representative Cierpiot

House Resolution No. 1314 - Representative Boucher

House Resolution No. 1315 - Representative Myers

House Resolution No. 1316 - Representative McKenna

House Resolution No. 1317 - Representative Hegeman

House Resolution No. 1318 - Representative Berkowitz

House Resolution No. 1319 - Representative Crowell

House Resolution No. 1320

through

House Resolution No. 1325 - Representative Crowell

House Resolution No. 1326

and

House Resolution No. 1327 - Representative Bearden

House Resolution No. 1328 - Representative Murphy

COMMITTEE REPORTS

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 HB 1058 and HS HCS HBs 1502 & 1821, 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.

Committee on Budget, Chairman Green (73) reporting:

Mr. Speaker: Your Committee on Budget has adopted the following motion:

Motion of Approval Under Section 33.282, RSMo

Having reviewed the estimates of new tax credits for Fiscal Year 2003 submitted on January 18, 2002, to the chairman of the Budget Committee by the Budget Director pursuant to Section 33.282, RSMo, the Committee on Budget, under the authority of Section 33.282, hereby approves those estimated new tax credits for any tax year beginning after July 1, 2002, and before June 30, 2003, and directs the chairman of the committee to report adoption of this motion to the Chief Clerk of the House and request that the motion be printed in the Journal of the House.

PERFECTION OF HOUSE BILLS

HB 1460, relating to compulsory school age, was taken up by Representative Hilgemann.

Speaker Pro Tem Abel assumed the Chair.

Representative Campbell offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1460, Page 3, Section 167.031, Line 76, by adding the following new subsection:

"The provisions of 167.031 and 167.051 shall not prohibit a school established pursuant to 160.400 to 160.415 from applying compulsory attendance age requirements greater than those established by the metropolitan school district."; and

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

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

Which motion was defeated.

Representative Bray offered House Amendment No. 2.

House Amendment No. 2 was withdrawn.

On motion of Representative Hilgemann, HB 1460 was ordered perfected and printed.

HCS HBs 1509 & 1510, relating to Kansas City police retirement system, was taken up by Representative Curls.

On motion of Representative Curls, HCS HBs 1509 & 1510 was adopted.

On motion of Representative Curls, HCS HBs 1509 & 1510 was ordered perfected and printed.

HCS HB 1143, relating to distressed communities, was placed on the Informal Calendar.

HCS HB 1888, relating to pawnshops, was taken up by Representative Barnitz.

On motion of Representative Barnitz, HCS HB 1888 was adopted.

On motion of Representative Barnitz, HCS HB 1888 was ordered perfected and printed.

HCS HB 1962, relating to court procedures, was taken up by Representative Monaco.

Representative Monaco offered HS HCS HB 1962.

Representative Smith offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Page 84, Section 595.045, Line 23 of said page, by inserting immediately after said section the following:

"621.015. The "Administrative Hearing Commission" is assigned to the office of administration. It shall consist of no more than [three] four commissioners. The commissioners shall be appointed by the governor with the advice and consent of the senate. The term of each commissioner shall be for six years, beginning on the date of appointment, and continuing until [his or her] that commissioner's successor is appointed, qualified and sworn. The commissioners shall be attorneys at law admitted to practice before the supreme court of Missouri, but shall not practice law during their term of office. Each commissioner shall receive annual compensation of fifty-one thousand dollars plus any salary adjustment provided pursuant to section 105.005, RSMo. Each commissioner shall also be entitled to actual and necessary expenses in the performance of his or her duties. The office of the administrative hearing commission shall be located in the City of Jefferson and it may employ necessary clerical assistance, compensation and expenses of the commissioners to be paid from appropriations from general revenue made for that purpose.

621.040. 1. After the effective date of this act, all individuals authorized on that date as administrative law judges of the division of motor carrier and railroad safety within the department of economic development shall be commissioners of the administrative hearing commission within the office of administration, and shall serve out the unexpired remainder of their terms as commissioners. They shall have the same powers, duties, functions and compensation as provided by law for the other commissioners, and after the expiration of their terms they may be reappointed in the same manner as other commissioners.

2. The administrative hearing commission shall have jurisdiction to conduct hearings, make findings of fact and conclusions of law, and issue orders in all applicable cases relating to motor carrier and railroad regulation transferred to the highways and transportation commission pursuant to this act, except that, notwithstanding any provision of law to the contrary, the highways and transportation commission may issue final agency orders without involvement of the administrative hearing commission in relation to:

(1) Uncontested motor carrier cases, and other uncontested motor carrier matters, or in which all parties have waived a hearing in writing; and

(2) Approval of settlement agreements or issuance of consent orders in motor carrier or railroad enforcement cases, if all parties have consented in writing to the issuance of the commission's order.

621.045. 1. The administrative hearing commission shall conduct hearings and make findings of fact and conclusions of law in those cases when, under the law, a license issued by any of the following agencies may be revoked or suspended or when the licensee may be placed on probation or when an agency refuses to permit an applicant to be examined upon his or her qualifications or refuses to issue or renew a license of an applicant who has passed an examination for licensure or who possesses the qualifications for licensure without examination:

Missouri State Board of Accountancy

Missouri Board of Registration for Architects, Professional Engineers and Land Surveyors

Board of Barber Examiners

Board of Cosmetology

Board of Chiropody and Podiatry

Board of Chiropractic Examiners

Missouri Dental Board

Board of Embalmers and Funeral Directors

Board of Registration for the Healing Arts

Board of Nursing

Board of Optometry

Board of Pharmacy

Missouri Real Estate Commission

Missouri Veterinary Medical Board

Supervisor of Liquor Control

Department of Health and Senior Services

Department of Insurance

Department of Mental Health

2. [If in the future there are created by law any new or additional] Any administrative agencies, including the department of elementary and secondary education regarding certification of teachers, whether existing now or created in the future, which have the power to issue, revoke, suspend, or place on probation any license, certificate or registration shall also fall [, then those agencies are] under the provisions of this law.

3. Notwithstanding any other provision of this section to the contrary, after August 28, 1995, in order to encourage settlement of disputes between any agency described in subsection 1 or 2 of this section and its licensees, any such agency shall:

(1) Provide the licensee with a written description of the specific conduct for which discipline is sought and a citation to the law and rules allegedly violated, together with copies of any documents which are the basis thereof, or file a contested case against the licensee, at least thirty days prior to offering the licensee a settlement proposal, and provide the licensee with an opportunity to respond to the allegations;

(2) If no contested case has been filed against the licensee, allow the licensee at least sixty days, from the date of mailing, during which to consider the agency's initial settlement offer and discuss the terms of such settlement offer with the agency;

(3) If no contested case has been filed against the licensee, advise the licensee that the licensee may, either at the time the settlement agreement is signed by all parties, or within fifteen days thereafter, submit the agreement to the administrative hearing commission for determination that the facts agreed to by the parties to the settlement constitute grounds for denying or disciplining the license of the licensee; and

(4) In any contact pursuant to this subsection by the agency or its counsel with a licensee who is not represented by counsel, advise the licensee that the licensee has the right to consult an attorney at the licensee's own expense.

4. If the licensee desires review by the administrative hearing commission pursuant to subdivision (3) of subsection 3 of this section at any time prior to the settlement becoming final, the licensee may rescind and withdraw from the settlement and any admissions of fact or law in the agreement shall be deemed withdrawn and not admissible for any purposes under the law against the licensee. Any settlement submitted to the administrative hearing commission shall not be effective and final unless and until findings of fact and conclusions of law are entered by the administrative hearing commission that the facts agreed to by the parties to the settlement constitute grounds for denying or disciplining the license of the licensee.

5. As to a matter settled prior to August 28, 1995, by consent agreement or agreed settlement, any party to a consent agreement or agreed settlement, other than a state agency, after having received written notice at their last known address known to the agency from the respective licensing agency of a person's rights under this section, shall have six months to file an action in the circuit court of Cole County contesting the authority of any agency described in subsection 1 or 2 of this section to enter into such consent agreement or agreed settlement. Any consent agreement or agreed settlement which is not invalidated by the court pursuant to this subsection shall be given full force and effect by all courts and agencies.

6. Notwithstanding any other provision of law to the contrary, any contested case involving a state administrative agency filed on or after January 1, 2003, relating to licensees, certificate holders or registrants not previously covered by this section, other than hearings involving discipline violations, hearings on the degree of appropriate disciplinary action against a licensee, certificate holder or registrant or as provided in subsections 7, 8 or 9 of this section, shall be brought initially before the commission and the commission shall conduct hearings and make findings of fact and conclusions of law. Any case pending which has not had a hearing completed by January 1, 2003, shall be transferred to the commission. Any pending case that has been heard prior to January 1, 2003, shall remain with the administrative agency hearing the matter pending the disposition of the case.

7. Any contested cases involving the board of registration for the healing arts where such case involves the automatic revocation of a license by the board pursuant to section 334.103, RSMo, shall continue to be heard before the board rather than the commission.

8. Pursuant to section 338.065, RSMo, any contested case involving the board of pharmacy where such case involves a licensee or registrant being adjudicated and found guilty or entering a plea of guilty or nolo contendere in a felony prosecution shall continue to be heard before the board rather than the commission.

9. Any contested case involving the board of registration for the healing arts or the dental board where such case involves a competency hearing to determine whether the licensee is competent to continue being licensed shall continue to be heard before the board rather than the commission.

10. In any case brought before the commission pursuant to this section, the state's interest shall be represented by the attorney general or his designee.

640.805. 1. All authority to hear appeals of findings, orders, decisions or assessments on permits, licenses,

registrations, administrative penalties, civil penalties, abatement orders, emergency orders and any other actions

that is granted to the director of the department of natural resources in chapters 260, 278, 319, 444, 640, 643, and 644, RSMo, the hazardous waste management commission in chapter 260, RSMo, the state soil and water districts commission in chapter 278, RSMo, the petroleum storage tank insurance fund board in chapter 319, RSMo, the land reclamation commission in chapter 444, RSMo, the safe drinking water commission in this chapter, the air conservation commission in chapter 643, RSMo, and the clean water commission in chapter 644, RSMo, shall be transferred to the administrative hearing commission and the procedures of chapter 621, RSMo, shall apply to such hearings.

2. The commission shall conduct all hearings and make findings of fact and conclusions of law in any contested case involving the department of natural resources or one of its commissions.

3. Any contested case arising pursuant to any of the provisions referenced in subsection 1 in this section and filed on or after January 1, 2003, shall be brought initially before the administrative hearing commission rather than before the department of natural resources or one of its commissions. Any case pending which has not had a hearing before the department or one of its commissions completed by January 1, 2003, shall be transferred to the administrative hearing commission. Any pending case that has been heard by the department or one of its commissions prior to January 1, 2003, shall remain with the department or commission that heard the matter pending the disposition of the case.

4. In any case brought before the administrative hearing commission pursuant to this section, the state's interest shall be represented by the attorney general or his designee." and

Further amend the title and enacting clause accordingly.

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

Representative Shoemaker (8) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1962 by inserting the following in the appropriate location:

"565.084. 1. A person commits the crime of tampering with a judicial officer if, with the purpose to harass, intimidate, or influence a judicial officer in the performance of such officer's official duties, [he] the actor:

(1) Threatens or causes harm to such judicial officer or members of such judicial officer's family;

(2) Uses force, threats, or deception against or toward such judicial officer or members of such judicial officer's family;

(3) Offers, conveys or agrees to convey any benefit direct or indirect upon such judicial officer or such judicial officer's family;

(4) Engages in conduct reasonably calculated to harass or alarm such judicial officer or such judicial officer's family, including stalking pursuant to section 565.225.

2. A judicial officer for purposes of this section shall be a judge, arbitrator, special master, juvenile court commissioner, drug court commissioner, family court commissioner, state probation or parole officer, juvenile court officer or referee.

3. A judicial officer's family for purposes of this section shall be:

(1) [His] The officer spouse; or

(2) [His or his] The officer's or the officer's spouse's ancestor or descendant by blood or adoption; or

(3) [His] The officer's stepchild, while the marriage creating that relationship exists."; and

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

On motion of Representative Shoemaker (8), House Amendment No. 2 was adopted.

Representative Lograsso offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1962 by inserting the following in the appropriate location:

"Section 3. Notwithstanding any other provision of law to the contrary, and except for the required credit hours of accredited programs and activities for continuing legal education devoted exclusively to professionalism, legal or judicial ethics, or malpractice prevention, attorneys elected to or employed by the general assembly during a regular legislative session shall be entitled to report fifteen credit hours for the reporting year that includes such regular legislative session."; and

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

On motion of Representative Lograsso, House Amendment No. 3 was adopted.

Representative Clayton offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Section 477.650, Page 27, Line 22, by inserting the following after "Guidelines":

"Fund money shall be subject to all restrictions imposed on such legal services organizations by law."; and

Further amend said substitute, Section 488.031, Page 34, Line 19, by deleting "$ 5.00" and inserting in lieu thereof "$ 5.50"; and

Further amend said substitute, Section 488.031, Page 34, Line 20, by deleting all of said line.

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

Representative Shoemyer (9) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Page 14, Section 50.555, Line 9 of said page, by inserting after said line the following:

"59.040. 1. In a county of the third class, the question of combining the offices of circuit clerk and recorder or separating the offices may be submitted to the voters of the county by the county commission and shall be submitted by the county commission upon the petition of voters who comprise at least eight percent of the voters of the county as determined by the total vote for governor at the last preceding general election at which a governor was elected.

2. If the two offices are separate and the question is to combine the two offices, the question shall be submitted in substantially the following form:

Shall the offices of the circuit clerk and recorder in .........................(name of county) county be combined?

3. If the two offices are combined and the question is to separate the two offices, the question shall be submitted in substantially the following form:

Shall the offices of circuit clerk and recorder in ..........................(name of county) county be separated?

4. The submission of the question provided for in this section may be made at the November election in 2004, or any fourth year thereafter. Any consolidation or separation brought about as a result of the provisions of this section shall not become effective until the expiration of the term of office of the officers affected.

59.042. In any county where the offices of the clerk of the circuit court and the recorder of deeds are combined, the governing body of said county [,by public vote,] may, by their own action in public session or under the provisions of 59.040, authorize the separation of the two offices. Thereafter the recorder of deeds shall be elected pursuant to section 59.020."; and

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

On motion of Representative Shoemyer (9), House Amendment No. 5 was adopted.

Representative Holt offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Page 30, Section 488.012, Line 24, by inserting brackets ([]) around "Twelve" and inserting in lieu thereof "up to eighteen".

Representative Bearden offered House Substitute Amendment No. 1 for House Amendment No. 6.

House Substitute Amendment No. 1

for

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Section 488.012, Page 30, Line 24, by inserting brackets ([]) around "Twelve" and inserting in lieu thereof "Up to eighteen"; and

Further amend said section, Page 31, Line 4, by inserting the following after "RSMo;":

"provided, however, that after the eighteen dollar limit for municipal court costs has been reached, such limit may be increased every three years by the same percentage as the increase in the general price level for the preceding year as measured by the Consumer Price Index for All Urban Consumers for the United States, or its successor index, as defined and officially recorded by the United States Department of Labor or its successor agency;".

On motion of Representative Bearden, House Substitute Amendment No. 1 for House Amendment No. 6 was adopted.

Representative Ransdall offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill No. 1962 by inserting the following in the appropriate location:

"550.130. The bill of costs in any case, as provided for in [section] sections 550.120 and 550.135, shall be certified to by the judge and prosecuting attorney, as now provided by law, and shall be presented to the county commission in which the indictment was originally found, or proceedings instituted, and shall thereupon be paid as if the cause had been tried or otherwise disposed of in said county.

550.135. 1. In any criminal case in which a change of venue is taken from one county to another county the clerk of the court shall calculate, at the end of each month, all costs which have accrued during that month and which can be determined before the final disposition of the case. If the state or county is liable under the provisions of this chapter for such costs or any part thereof, he or she shall make out and deliver forthwith to the prosecuting attorney of said county a fee bill specifying each item of services and the fee therefor.

550.140. Except as provided in section 550.135, the clerk of the court in which any criminal cause shall have been determined or continued generally shall, immediately after the adjournment of the court and before the next succeeding term, calculate all costs which have accrued in the case. If the state or county is liable under the provisions of this chapter for costs or any part thereof, he or she shall make out and deliver forthwith to the prosecuting attorney of said county a complete fee bill, specifying each item of services and the fee therefor. The circuit clerk shall prepare a bill against the state containing only costs which are payable to the county.

550.180. If any clerk shall fail to tax the costs and make out a proper fee bill, or shall willfully neglect to perform any duty required of him or her in sections [550.140] 550.135 and 550.190, he or she shall be liable to the person injured by such neglect in treble the amount of costs to which the party is entitled in the cause, and the court shall give judgment therefor against the clerk, on motion of the party entitled thereto; provided, that the party asking such judgment shall give two days' notice of such motion, which may be served on the clerk or his or her deputy.

550.190. The prosecuting attorney shall strictly examine each bill of costs which shall be delivered to him or her, as provided in [section] sections 550.135 and 550.140, for allowance against the state or county, and shall ascertain as far as possible whether the services have been rendered for which the charges are made, and whether the fees charged are expressly given by law for such services, or whether greater charges are made than the law authorizes. If the fee bill has been made out according to law, or if not, after correcting all errors therein, he or she shall report the same to the judge of the court, either in term or in vacation, and if the same appears to be formal and correct, the judge and prosecuting attorney shall certify to the commissioner of administration, or clerk of the county commission, accordingly as the state or county is liable, the amount of costs due by the state or county on the fee bill, and deliver the same to the clerk who made it out, to be collected without delay, and paid over to those entitled to the fees allowed.

550.230. When the clerk shall send a bill of costs to the commissioner of administration or county commission, as provided in section 550.200, he shall expressly state in his or her certificate that he or she has not at any previous time certified or sent a copy of the same bill, or part thereof except as provided for in section 550.135, for payment; provided, that if the clerk shall, by oversight or mistake, fail to include any costs properly chargeable against the state or county in any fee bill, he or she may make out and present, as herein provided for making out bills of costs, a supplemental bill for the costs so omitted; provided, that the clerk shall in no case charge or receive any fee or fees whatsoever for the issuance of such supplemental fee bill.

550.295. At the end of each month after the receipt, from either the state auditor or the county clerk, of each criminal court cost bill in any criminal case in which a change of venue was taken from one county to another county, the treasurer shall strike a balance of the same, and shall turn over the amounts collected on account of the various items of indebtedness herein mentioned to the various funds to which they belong or in the manner provided by sections 488.010 to 488.020, RSMo. And all uncalled for fees paid by the state shall be promptly transmitted to the state director of revenue who shall deposit the same in the state treasury, and those paid by the county shall be turned over to the credit of the county revenue fund.

550.300. Except as provided in section 550.295 at the end of each term of court after the receipt of each criminal court cost bill from either the state auditor or the county clerk, the treasurer shall strike a balance of the same, and shall turn over the amounts collected on account of the various items of indebtedness herein mentioned to the various funds to which they belong or in the manner provided by sections 488.010 to 488.020, RSMo. And all uncalled for fees paid by the state shall be promptly transmitted to the state director of revenue who shall deposit the same in the state treasury, and those paid by the county shall be turned over to the credit of the county revenue fund."; and

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

On motion of Representative Ransdall, House Amendment No. 7 was adopted.

Representative Byrd offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, at the end of the bill, repeal Section 516.200 and insert in its stead the following:

"The Statutes of Limitations contained in Chapters 516 and 537 may be extended for an additional period not to exceed two years if the court finds that the defendant has taken any action that hinders the plaintiff's ability to identify or serve the defendant, even if any long-term service is available upon the defendant.

The following actions by a defendant shall create a rebuttable presumption that the defendant has taken an action that hinders the plaintiff's ability to identify or serve the defendant:

1. The use by the defendant, either before or after the cause of actions shall accrue, in the State of Missouri, of a fictitious name without first registering that fictitious name with the Missouri Secretary of State.

2. Being absent or vacates the State of Missouri, either before or after the cause of action accrues, without appointing a registered agent in the State of Missouri for service of process. The appointment of such an agent for service of process shall not constitute the sole basis for jurisdiction over causes of action against the appointing individual, corporation or other entity.

3. A change of name of the defendant at any time after the cause of action shall accrue.

4. The refusal by the defendant to accept service by mail.

5. The failure to appoint a registered agent in the State of Missouri, when the Statutes of the State of Missouri requires the appointment of a registered agent.".

On motion of Representative Byrd, House Amendment No. 8 was adopted.

Representative Willoughby offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill No. 1962 by inserting the following in the appropriate location:

"43.540. 1. As used in this section, the following terms mean:

(1) "Criminal record review", a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor and any offense for which the person has registered pursuant to sections 589.400 to 589.425, RSMo;

(2) "Patient or resident", a person who by reason of aging, illness, disease or physical or mental infirmity receives or requires care or services furnished by a provider, as defined in this section, or who resides or boards in, or is otherwise kept, cared for, treated or accommodated in a facility as defined in section 198.006, RSMo, for a period exceeding twenty-four consecutive hours;

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

(4) "Provider", any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, licensed foster family home or any operator licensed pursuant to chapter 198, RSMo, any employer of nurses or nursing assistants for temporary or intermittent placement in health care facilities or any entity licensed pursuant to chapter 197, RSMo;

(5) "Youth services agency", any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

2. Upon receipt of a written request from a private investigatory agency, a youth service agency or a provider, with the written consent of the applicant, the highway patrol shall conduct a criminal record review of an applicant for a paid or voluntary position with the agency or provider if such position would place the applicant in contact with minors, patients or residents.

3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol and shall be signed by the person who is the subject of the request.

4. The patrol shall respond in writing to the youth service agency or provider making a request for information pursuant to this section and shall inform such youth service agency or provider of the address and offense for which the offender registered pursuant to sections 589.400 to 589.425, RSMo, and the nature of the offense, and the date, place and court for any other offenses contained in the criminal record review. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution pursuant to chapter 565, RSMo, sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for offenses described in sections 566.010 to 566.141, RSMo, or chapter 565, RSMo, during the period of any probation imposed by the sentencing court.

5. Any information received by a provider or a youth services agency pursuant to this section shall be used solely for the provider's or youth service agency's internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section is guilty of a class A misdemeanor. The patrol shall inform, in writing, the provider or youth services agency of the requirements of this subsection and the penalties provided in this subsection at the time it releases any information pursuant to this section.

589.410. The chief law enforcement official shall forward the completed offender registration form to the Missouri state highway patrol within three days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system, courts and other entities as provided by law upon inquiry."; and

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

On motion of Representative Willoughby, House Amendment No. 9 was adopted.

Representative Monaco offered House Amendment No. 10 .

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Page 16, Section 374.770, Line 5, by adding after the word "surety" the following:

"However, said surety shall not be responsible for said costs if the surety wants to return said defendant to the jurisdiction in which the case is pending and the jurisdiction in which the defendant is held will not release said defendant to the surety."; and

Further amend said bill, same section, same page, Line 11, by adding after the word "surety" the following:

"However, said surety shall not be responsible for said costs if the surety wants to return said defendant to the jurisdiction in which the case is pending and the jurisdiction in which the defendant is held will not release said defendant to the surety.".

On motion of Representative Monaco, House Amendment No. 10 was adopted.

Representative Willoughby offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for House Bill No. 1962 by inserting the following in the appropriate location:

"476.270. All expenditures accruing in the circuit courts, except salaries and clerk hire which is [payable] paid by the state, except all expenditures accruing in the municipal divisions of the circuit court, and except as otherwise provided by law, shall be paid out of the treasury of the county in which the court is held in the same manner as other demands.

483.245. 1. The provisions of this section shall become effective on July 1, 1981.

2. The circuit clerk, or person exercising the authority of the circuit clerk pursuant to county charter, shall appoint all deputy circuit clerks, including deputy circuit clerks serving in courtrooms, and shall prescribe and assign the duties of such deputy circuit clerks. The circuit clerk may remove from office any deputy circuit clerk whom he appoints. All division clerks, as defined in section 483.241, shall be appointed by the judge of the division such clerks serve, and such judge may remove from office any division clerk whom he appoints.

3. Notwithstanding the provisions of subsection 2 of this section, if, on June 30, 1981, in any county or in the city of St. Louis, there exists by reason of local charter, a plan of merit selection and retention or other similar personnel plan, providing for selection, tenure or retention of deputy circuit clerks or division clerks, after July 1, 1981, as to clerical personnel who were, on June 30, 1981, under such a plan, the provisions for merit retention and tenure shall continue to apply as to such persons insofar as is reasonably possible even though they are paid by the state and become state employees, and the circuit court en banc shall be considered as the commission or board for determining the propriety of any disciplinary or dismissal action.

4. In addition to the authority to remove deputy circuit clerks and division clerks hereinabove provided, the circuit court en banc may remove from office a deputy circuit clerk or division clerk for cause.

5. The maximum number of deputy circuit clerks for each county and the maximum number of division clerks for a particular division shall be determined by order of the circuit court en banc. Such order may be modified for cause by order of the supreme court, or if no order is entered providing for the number of deputy circuit clerks and division clerks, the supreme court may enter such order.

6. The salaries of deputy circuit clerks and division clerks shall be established by the circuit clerk in the case of deputy circuit clerks, or the judge appointing the division clerk in the case of division clerks, within salary ranges and classifications which may from time to time be established by administrative rule of the supreme court within the limit of funds appropriated for this purpose. The salaries of deputy circuit clerks and division clerks shall be paid by the state, and they shall be state employees.

7. Notwithstanding the provisions of subsection 6 of this section, in any county of the first classification with more than one hundred eighty-four thousand but less than one hundred eighty-four thousand one hundred inhabitants which contains all or a portion of a city with a population of at least three hundred thousand inhabitants, the county commission may vote to pay the salaries of deputy circuit clerks and division clerks directly from county funds.

8. Notwithstanding the other provisions of this section providing for the establishment of the number of deputy circuit clerks and division clerks serving the various circuit courts and the determination of their salaries, such determinations shall not be construed as mandating appropriations to fund such positions, and the payment of the salaries and emoluments of deputy circuit clerks and division clerks shall be subject to the availability of moneys appropriated for those purposes by the general assembly or federal grant moneys.

[8.] 9. For purposes of this section, the circuit court en banc shall be deemed to include all circuit and associate circuit judges of the entire circuit, and determinations or orders of the circuit court en banc shall be by action of a majority of such judges in office."; and

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

On motion of Representative Willoughby, House Amendment No. 11 was adopted.

Representative Lograsso offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Committee Substitute for House Bill No. 1962, Page 88, Section 2, Line 7, by adding the following at the end of said line:

"Section 3.1. Notwithstanding any provision of law to the contrary, in any action construing a consumer service contract which contains an automatic renewal provision for a period longer than one year, such provision shall be deemed unconscionable and the court shall strike the provision from the underlying service contract.

2. As used herein, the term "consumer service contract" is a contract for the purchase of work, labor or services, including services furnished in connection with the sale, maintenance, lease, rent or repair of goods or equipment."; and

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

On motion of Representative Lograsso, House Amendment No. 12 was adopted.

On motion of Representative Monaco, HS HCS HB 1962, as amended, was adopted.

On motion of Representative Monaco, HS HCS HB 1962, as amended, was ordered perfected and printed.

HCS HB 1527, relating to university governing boards, was taken up by Representative Graham.

Representative Graham offered HS HCS HB 1527.

Representative Graham offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1527, Section 174.450, Page 4, Line 7 of said page, by inserting after the word "and" the following:

", notwithstanding the provisions of subsection 2 of section 174.453,".

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

On motion of Representative Graham, HS HCS HB 1527, as amended, was adopted.

On motion of Representative Graham, HS HCS HB 1527, as amended, was ordered perfected and printed.

On motion of Representative Crump, the House recessed until 2:15 p.m.

AFTERNOON SESSION

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

The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Gina M. Cira.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1329

and

House Resolution No. 1330 - Representative Foley

House Resolution No. 1331

and

House Resolution No. 1332 - Representative Willoughby

House Resolution No. 1333

and

House Resolution No. 1334 - Representative Riback Wilson (25)

House Resolution No. 1335 - Representative Kreider

House Resolution No. 1336 - Representative Troupe

House Resolution No. 1337

and

House Resolution No. 1338 - Representative Graham

House Resolution No. 1339

and

House Resolution No. 1340 - Representative Carnahan

House Resolution No. 1341 - Representative Black

House Resolution No. 1342

through

House Resolution No. 1344 - Representative Rector

House Resolution No. 1345 - Representatives Champion and Holand

House Resolution No. 1346 - Representative Overschmidt

House Resolution No. 1347 - Representative Quinn

House Resolution No. 1348 - Representative Hosmer

House Resolution No. 1349

through

House Resolution No. 1351 - Representative Riback Wilson (25)

House Resolution No. 1352 - Representative Lowe

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

PERFECTION OF HOUSE BILLS - INFORMAL

HCS HB 1143, relating to distressed communities, was taken up by Representative Rizzo.

Representative Foley offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1143 by inserting at the appropriate location the following:

"143.811. 1. Under regulations prescribed by the director of revenue, interest shall be allowed and paid at the rate determined by section 32.065, RSMo, on any overpayment in respect of the tax imposed by sections 143.011 to 143.996; except that, where the overpayment resulted from the filing of an amendment of the tax by the taxpayer after the last day prescribed for the filing of the return, interest shall be allowed and paid at the rate of six percent per annum. With respect to the part of an overpayment attributable to a deposit made pursuant to subsection 2 of section 143.631, interest shall be paid thereon at the rate in section 32.065, RSMo, from the date of the deposit to the date of refund. No interest shall be allowed or paid if the amount thereof is less than one dollar.

2. For purposes of this section:

(1) Any return filed before the last day prescribed for the filing thereof shall be considered as filed on such last day determined without regard to any extension of time granted the taxpayer;

(2) Any tax paid by the taxpayer before the last day prescribed for its payment, any income tax withheld from the taxpayer during any calendar year, and any amount paid by the taxpayer as estimated income tax for a taxable year shall be deemed to have been paid by him on the fifteenth day of the fourth month following the close of his taxable year to which such amount constitutes a credit or payment.

3. For purposes of this section with respect to any withholding tax:

(1) If a return for any period ending with or within a calendar year is filed before April fifteenth of the succeeding calendar year, such return shall be considered filed April fifteenth of such succeeding calendar year; and

(2) If a tax with respect to remuneration paid during any period ending with or within a calendar year is paid before April fifteenth of the succeeding calendar year, such tax shall be considered paid on April fifteenth of such succeeding calendar year.

4. If any overpayment of tax imposed by sections 143.011 to 143.996 is refunded within four months after the last date prescribed (or permitted by extension of time) for filing the return of such tax or within four months after the return was filed, whichever is later, no interest shall be allowed under this section on overpayment.

5. Any overpayment resulting from a carryback, including a net operating loss and a corporate capital loss, shall be deemed not to have been made prior to the close of the taxable year in which the loss arises.

6. Any overpayment resulting from a carryback of a tax credit, including but not limited to the tax credits provided in sections 253.557 and 348.432, RSMo, shall be deemed not to have been made prior to the close of the taxable year in which the tax credit was authorized."; and

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

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

Speaker Pro Tem Abel resumed the Chair.

Representative Kelly (144) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1143, Section A, Line 3, by inserting after all of said line the following:

"135.259. In addition to the number of enterprise zones authorized pursuant to the provisions of sections 135.206, 135.210, 135.256, and 135.257, the department of economic development shall designate one such zone for any county of the third classification without a township form of government with a population of less than eighteen thousand and more than seventeen thousand nine hundred. Such enterprise zone designation shall only be made if such area which is to be included in the enterprise zone meets all the requirements of section 135.205."; and

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

On motion of Representative Kelly (144), House Amendment No. 2 was adopted.

Representative Villa offered House Amendment No. 3.

Representative Rizzo raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Hegeman offered House Amendment No. 3.

Representative Rizzo raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Portwood offered House Amendment No. 3.

Representative Rizzo raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Hegeman offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1143, Page 6, Section 135.530, Lines 12 to 15 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"household income [for the nonmetropolitan areas] in Missouri according to the last decennial census or a census block group or contiguous group of block groups which has a population of at least [two thousand] five hundred each block group having a median"; and

Further amend said bill, Page 6, Section 135.530, Line 16 of said page, by deleting all of said line and inserting in lieu thereof the following: "income for [the nonmetropolitan areas of] Missouri, according to"; and

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

On motion of Representative Hegeman, House Amendment No. 3 was adopted.

Representative Merideth offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1143, Pages 6 and 7, Section 135.530, Lines 17 through 21, by deleting the following:

"In metropolitan statistical areas, the definition shall include areas that are designated as either a federal empowerment zone; or a federal enhanced enterprise community; or a state enterprise zone that was originally designated before January 1, 1986, but will not include expansions of such state enterprise zones done after March 16, 1988.".

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

HCS HB 1143, as amended, was laid over.

HCS HB 1735, relating to the local government investment pool, was taken up by Representative Hoppe.

Representative Hoppe offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1735, Page 3, Section 30.952, Line 7, by inserting after the word "counties" the following: "other than counties of the third or fourth classification"; and

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

Representative Villa assumed the Chair.

Speaker Pro Tem Abel resumed the Chair.

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

Which motion was defeated by the following vote:

Representative Villa resumed the Chair.

On motion of Representative Hoppe, HCS HB 1735 was adopted.

Representative Hoppe moved that HCS HB 1735 be perfected and printed.

Which motion was defeated by the following vote:

HCS HB 1143, as amended, was again taken up by Representative Rizzo.

On motion of Representative Rizzo, HCS HB 1143, as amended, was adopted.

On motion of Representative Rizzo, HCS HB 1143, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILLS

HCS HB 1809, relating to Kansas City school board recall election, was taken up by Representative Sanders Brooks.

Representative Smith assumed the Chair.

Representative Sanders Brooks offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1809, Page 1, Section 162.015, Line 13, by inserting immediately after the word "sought" the following:

",which are limited to the following: misconduct in office, attempting to exert undue influence, or failure to perform prescribed duties".

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

Representative Villa offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1809 by inserting in the appropriate location the following section:

"162.601. 1. Elected members of the board in office on August 28, 1998, shall hold office for the length of term for which they were elected, and any members appointed pursuant to section 162.611 to fill vacancies left by elected members in office on August 28, 1998, shall serve for the remainder of the term to which the replaced member was elected.

2. No board members shall be elected at the first municipal election in an odd-numbered year next following August 28, 1998.

3. Three board members shall be elected at the second municipal election in an odd-numbered year next following August 28, 1998, to serve four-year terms.

4. Four board members shall be elected at the third municipal election in an odd-numbered year next following August 28, 1998, and two of such members shall be elected to four-year terms and two of such members shall be elected to three-year terms.

5. Beginning with the fourth municipal election in an odd-numbered year next following August 28, 1998, and at each succeeding municipal election in a year during which board member terms expire, there shall be elected members of the board of education, who shall assume the duties of their office at the first regular meeting of the board of education after their election, and who shall hold office for four years, and until their successors are elected and qualified.

6. [Members of the board of directors shall be elected to represent seven subdistricts. The subdistricts shall be established by the state board of education to be compact, contiguous and as nearly equal in population as practicable. The subdistricts shall be revised by the state board of education after each decennial census and at any other time the state board determines that the district's demographics have changed sufficiently to warrant redistricting.

7. A member shall reside in and be elected in the subdistrict which the member is elected to represent. Subdistrict 1 shall be comprised of wards 1, 2, 22 and 27. Subdistrict 2 shall be comprised of wards 3, 4, 5 and 21. Subdistrict 3 shall be comprised of wards 18, 19, 20 and 26. Subdistrict 4 shall be comprised of wards 6, 7, 17 and 28. Subdistrict 5 shall be comprised of wards 9, 10, 11 and 12. Subdistrict 6 shall be comprised of wards 13, 14, 16 and 25. Subdistrict 7 shall be comprised of wards 8, 15, 23 and 24.

8.] No one may run for school board who is employed by the school district [or who is related to an employee of the school district within the second degree of affinity or consanguinity]."; and

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

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

Representative Bray offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1809, Page 2, Section 162.015, Line 38, by adding after all of said line the following:

"162.291. The voters of each seven-director district other than urban districts shall, at municipal elections, elect two or three directors according to the schedule set out in section 162.459 who are citizens of the United States and resident taxpayers of the district, who have resided in [this state] and been registered voters of the district for one year next preceding their election or appointment, and who are at least twenty-four years of age.

162.459. 1. Notwithstanding other provisions of law to the contrary, the school board of each seven-director school district [designated in the statutes as a seven-director, seven-director] or urban school district, except an urban district containing the greater part of a city of more than three hundred thousand inhabitants, shall consist of seven members. At the first election for members of the school board in each of such districts after January 1, 1993, and each three years thereafter, three members of the school board shall be elected and two members in other years; except, no school district composed of seven members as of January 1, 1993, shall be required to modify its schedule of electing board members.

2. Provisions of law applicable to seven-director[, seven-director] and urban school districts, except those which conflict with the provisions of this section, shall apply to and govern the school districts designated in subsection 1 of this section."; and

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

On motion of Representative Bray, House Amendment No. 3 was adopted.

Representative Bearden offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1809, Section A, Page 1, Line 2, by inserting immediately after said line the following:

"162.014. 1. In addition to the recall procedures provided in section 160.538, a school board member in any school district may be removed by the voters in a recall election. Such election shall be held upon the submission of a petition signed by voters of the district equal in number to at least twenty-five percent of the number of persons voting at the last preceding election to elect a district board member. The petition shall be filed with the election authority and the secretary of the district board of education, and the petition shall contain a general statement of the grounds for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his or her signature his or her place of residence, giving the street and number. One of the signers of each paper shall make oath before an officer competent to administer oaths that the statements made on the paper are true as he or she believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be.

2. Within ten days from the date of the filing the petition, the election authority shall examine and ascertain whether the petition is signed by the requisite number of voters. The election authority shall attach to the petition his or her certificate, showing the result of the examination. If the petition is shown to be insufficient, it may be amended within ten days from the date of the certificate. The election authority shall, within ten days after such amendment, make like examination of the amended petition and, if his or her certificate shall show the amended petition to be insufficient, it shall be returned to the person filing the amended petition, without prejudice to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the election authority shall submit the petition to the district board without delay. If the petition shall be found to be sufficient, the district board shall order the question to be submitted to the voters of the district.

3. If a majority of the voters vote in favor of retaining the member, the member shall remain in office and shall not be subject to another recall election during his or her term of office, except as provided in subsection 2 of section 160.538. If a majority of voters vote to remove the member, his or her successor shall be chosen as provided in section 162.261, RSMo."; and

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

Representative Bearden moved that House Amendment No. 4 be adopted.

Which motion was defeated.

Representative Franklin offered House Amendment No. 5.

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

Representative Smith requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Villa resumed the Chair.

Representative Cunningham offered House Amendment No. 5.

Representative Bowman raised a point of order that House Amendment No. 5 is not germane to the bill.

Representative Villa requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

On motion of Representative Sanders Brooks, HCS HB 1809, as amended, was adopted.

On motion of Representative Sanders Brooks, HCS HB 1809, as amended, was ordered perfected and printed.

HB 1726, relating to bullying in public schools, was taken up by Representative Walton.

Representative Gambaro offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 1726 by inserting in the appropriate location the following:

"160.730. 1. There is hereby established in the department of elementary and secondary education the "Motivating Parents and Children" (MPAC) program. This program shall be a pilot program for school districts to provide parental involvement services to families with compulsory school age children who are considered "at-risk" students by the school district, as that term is defined in section 167.273, RSMo.

2. Subject to appropriation, the department of elementary and secondary education shall provide grants to six qualifying school districts per year to provide services to families with at-risk students. Three of the qualifying school districts shall be rural districts, and three shall be urban districts. The department of elementary and secondary education shall establish or provide the following as part of the services of this program:

(1) A statewide program coordinator, to be employed by the department of elementary and secondary education;

(2) Development and implementation of a program of family support services, which shall also be available to home school students;

(3) Program requirement that parents or guardians shall spend a day in school with their child if the child violates any disciplinary rules of the school district, other than suspension or expulsion;

(4) Upon school board approval, the establishment of an incentive program for children whose parents attend parent-teacher association meetings or parenting classes.

(5) Establishment of a program using volunteers to provide child care services for parents who attend parenting classes or attend after-school or evening programs related to parenting.

3. The department of elementary and secondary education shall develop criteria to determine which school districts qualify for the services of this program. The commissioner shall have the authority to promulgate any rules necessary to implement 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 chapter 536, RSMo.

4. There is hereby established in the state treasury the "Motivating Parents and Children Fund", which shall consist of all moneys appropriated to the fund and all donations, bequests, or other gifts of any kind deposited in the fund. The fund shall be administered by the department of elementary and secondary education for the purpose of funding the grants described in this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund shall not be transferred to the general revenue fund at the end of the biennium. All interest and moneys earned on such fund shall be credited to the fund."; and

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

HB 1726, with House Amendment No. 1, pending, was laid over.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was referred to the Committee indicated:

HCR 38 - Miscellaneous Bills & Resolutions

REFERRAL OF SENATE CONCURRENT RESOLUTIONS

The following Senate Concurrent Resolutions were referred to the Committee indicated:

SCR 37 - Children, Families and Health

SCR 46 - Children, Families and Health

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SS SCS SB 675 - Elections

SS SCS SB 840 - Judiciary

COMMITTEE REPORTS

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HB 1306 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Local Government and Related Matters, Chairman Hoppe reporting:

Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred HB 1650, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Utilities Regulation, Chairman Mays (50) reporting:

Mr. Speaker: Your Committee on Utilities Regulation, to which was referred HCR 28, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 28

Whereas, sustained investment in electric, natural gas, water, sewer, and heating utility infrastructure is vital to the economic vitality and well-being of the State of Missouri; and

Whereas, Missouri electric, natural gas, water, sewer, and heating utility companies compete with utility companies in other states for the capital necessary to sustain investment in utility infrastructure in Missouri; and

Whereas, Missouri electric, natural gas, water, sewer, and heating utility companies must achieve reasonable rates of return as compared to the rates of return achieved by utility companies in other states to ensure sustained investment in utility infrastructure in Missouri; and

Whereas, the utility regulatory process is a primary factor in determining the rate of return levels regulated electric, natural gas, water, sewer, and heating utility companies may achieve; and

Whereas, the utility regulatory process in Missouri, as it applies to electric, natural gas, water, sewer, and heating corporations, is governed primarily by Chapter 393, RSMo, which is largely unchanged since original enactment in 1913; and

Whereas, the potential for the deregulation of utilities in Missouri has received substantial legislative study in recent years, while the ongoing utility regulatory process and procedure has not enjoyed broad legislative evaluation; and

Whereas, the utility regulatory process must be periodically evaluated so as to promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies, by addressing policy and practice advances in areas including, but not limited to, nontraditional regulatory rate plans, performance-based regulatory rate plans, incentive regulatory rate plans, capital recovery schedules, consistency of utility regulatory policy with generally accepted accounting principles, consistency of utility regulatory policy with financial accounting standards, consistency of utility regulatory policy with generally accepted engineering principles, communication between and among participants in the regulatory process, time schedules for the initiation and conclusion of proceedings before utility regulatory agencies, the role, function and needs of the Public Service Commission, the role, function and needs of the Office of Public Counsel, and the overall structure and cost of governmental utility regulatory agencies and the utility regulatory process:

Now, therefore, be it resolved by the members of the House of Representatives of the Ninety-first General Assembly, Second Regular Session, the Senate concurring therein, that a "Joint Legislative Committee on Utility Regulation and Infrastructure Investment" be created to be composed of five members of the Senate, to be appointed by the President Pro Tem of the Senate, and five members of the house of Representatives, to be appointed by the Speaker of the House of Representatives, and that the committee be authorized throughout the Ninety-first General Assembly; and

Be it further resolved that the committee conduct in-depth studies and make appropriate recommendations concerning: how the utility regulatory process and the results thereof in Missouri in regard to electric, natural gas, water, sewer, and heating utility companies compare to the utility regulatory process and the results thereof in other states; and how the utility regulatory process in Missouri in regard to electric, natural gas, water, sewer, and heating utility companies can, or should, be modernized to be more efficient and effective, ensure sustained investment in utility infrastructure, and promote the interests of fairness and balance among all constituencies, including consumers and shareholders of regulated utility companies; and

Be it further resolved that the committee present a final report, together with its recommendations for any legislative action it deems necessary for submission to the General Assembly prior to the commencement of the First Regular Session of the Ninety-second General Assembly; and

Be it further resolved that the committee may solicit any input and information necessary to fulfill its obligations from the Missouri Public Service Commission, the Department of Economic Development, the Office of the Public Counsel, political subdivisions of this state, energy utilities, water utilities, heating corporations and representatives of energy and water customer groups; and

Be it further resolved that House Research, the Committee on Legislative Research, and Senate Research shall provide such legal, research, clerical, technical and bill drafting services as the committee may require in the performance of its duties; and

Be it further resolved that the actual and necessary expenses of the committee, its members, and any staff personnel assigned to the committee incurred in attending meetings of the committee or any subcommittee thereof shall be paid from the Joint Contingent Fund.

Mr. Speaker: Your Committee on Utilities Regulation, to which was referred HJR 47, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 40, introduced by Representatives Walton and Moore, et al, to create a Joint Interim Committee on After-school Programs.

MESSAGE 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 SS SCS SB 884, entitled:

An act to repeal section 408.500, RSMo, and to enact in lieu thereof three new sections relating to restrictions on payday loans, with penalty provisions.

In which the concurrence of the House is respectfully requested.

The following member's presence was noted: Berkstresser.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, April 17, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Fifty-second Day, Monday, April 15, 2002, page 1093, roll call, by showing Representative Sanders Brooks voting "aye" rather than "absent with leave".

Page 1094, roll call, by showing Representative Sanders Brooks voting "aye" rather than "absent with leave".

Page 1094, roll call, by showing Representative George voting "no" rather than "absent with leave".

Pages 1095 and 1096, roll call, by showing Representative Bartelsmeyer voting "no" rather than "absent with leave".

Pages 1097 and 1098, roll call, by showing Representatives George, Hosmer and Wright voting "aye" rather than "absent with leave".

Pages 1097 and 1098, roll call, by showing Representative McKenna voting "no" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, April 17, 2002. Hearing Room 7 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: SCR 47

CHILDREN, FAMILIES, AND HEALTH

Thursday, April 18, 2002, 8:15 a.m. Hearing Room 6.

Executive Session to be held on: HB 1133, HB 1303, HB 1947, HB 1975, HB 2086

CIVIL AND ADMINISTRATIVE LAW

Wednesday, April 17, 2002. Hearing Room 1 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: SB 969

EDUCATION - ELEMENTARY AND SECONDARY

Thursday, April 18, 2002, 8:30 a.m. Hearing Room 3.

Public Hearing to be held on: SB 718, SB 722, SB 756, SB 860

ENVIRONMENT AND ENERGY

Thursday, April 18, 2002, 8:30 a.m. Hearing Room 7.

Executive Session. Public Hearing to be held on: SB 821

FISCAL REVIEW AND GOVERNMENT REFORM

Thursday, April 18, 2002, 8:30 a.m. Hearing Room 1.

Fiscal Review.

Executive Session to be held on: HB 1654

JOINT COMMITTEE ON ADMINISTRATIVE RULES

Thursday, April 18, 2002. Senate Lounge upon noon adjournment. AMENDED.

Rule Number 19 CSR 30-82.010,.020,.070 30-83.010.

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, April 17, 2002, 9:00 a.m. Hearing Room 6. AMENDED.

Executive Session may follow.

Public Hearing to be held on: HCR 38, SB 712

TRANSPORTATION

Wednesday, April 17, 2002. Hearing Room 6 upon morning recess.

Executive Session to follow.

Public Hearing to be held on: HCR 33

UTILITIES REGULATION

Wednesday, April 17, 2002, 8:30 a.m. Side gallery.

Executive session. Public Hearing to be held on: HB 2083

HOUSE CALENDAR

FIFTY-FOURTH DAY, WEDNESDAY, APRIL 17, 2002

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 40

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1 HJR 28 - Villa

2 HCS HJR 51 - Whorton

3 HCS HJR 47 - Willoughby

HOUSE BILLS FOR PERFECTION

1 HB 1726, HA 1, pending - Walton

2 HCS HB 1729, 1589 & 1435 - Barnitz

3 HCS HB 1717 - Foley

4 HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 - Campbell

5 HCS HB 1695 - Selby

6 HB 1090 - Reynolds

7 HB 1508 - Koller

8 HCS HB 1936 - Berkowitz

9 HB 1350 - Liese

10 HCS HB 1656 - Wright

11 HCS HB 1216 - Johnson (61)

12 HB 1627 - Kreider

13 HCS HB 1886 - Rizzo

14 HB 1307 - Williams

15 HB 1988 - Kelly (144)

16 HCS HB 1868 - Barry

17 HB 2160 - Britt

18 HCS HB 1650 - Hoppe

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HB 1594, as amended - Gratz

2 HCS HB 1069 - Bray

3 HCS HB 1479 - Ladd Baker

HOUSE BILL FOR PERFECTION - REVISION

HB 2078 - Clayton

HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 13, (4-9-02, Pages 1024 & 1025) - Bowman

2 HCR 18, (4-9-02, Pages 1022 & 1023) - Wilson (42)

3 HCR 16, (4-10-02, Pages 1050 & 1051) - Farnen

4 HCR 24, (4-11-02, Pages 1084 & 1085) - Kreider

5 HCR 34, (4-11-02, Pages 1080 & 1081) - Riback Wilson (25)

6 HCR 28, (4-16-02) - Willoughby

HOUSE JOINT RESOLUTION FOR THIRD READING

HJR 32 - Barry

HOUSE BILLS FOR THIRD READING

1 HCS HB 1472, (Fiscal Review 2-25-02) - Whorton

2 HB 1306, E.C. - Williams

3 HS HCS HB 1654 & 1156, (Fiscal Review 4-15-02) - Hosmer

4 HS HCS HB 1756 - Reid

5 HB 1058 - Haywood

6 HS HCS HB 1502 & 1821 - Luetkenhaus

HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL

1 HB 1872 - Hosmer

2 HB 2155 - Willoughby

SENATE BILL FOR SECOND READING

SS SCS SB 884

SENATE BILLS FOR THIRD READING - CONSENT

(April 15, 2002)

SCS SB 988 - Hartzler

(April 16, 2002)

1 HCS SCS SB 645 - Relford

2 HCS SB 992 - Rizzo

3 SB 1124 - Gambaro

4 SCS SB 804 - Sanders Brooks

5 SB 639 - Williams

6 HCS SCS SB 776 - Harlan

7 HCS SCS SB 1113 - Farnen

8 SCS SB 997 - Willoughby

9 HCS SB 1012 - Lawson

10 HCS SB 795 - Treadway

11 HCS SCS SB 1086 & 1126 - Hoppe

12 HCS SB 786 - Campbell

13 SCS SB 1132 - Daus

14 HCS SB 1244 - Barry

15 HCS SB 961 - Curls

16 SB 708 - Lawson

17 SB 701 - Lowe

18 SB 742 - Monaco

19 HCS SB 749 - Monaco

20 HCS SB 1213 - Hosmer

21 HCS SCS SB 1210 - Lawson

22 SB 1247 - Willoughby

23 SB 1001 - Crump

24 HCS SB 1078 - Hoppe

25 SB 941 - Mays (50)

26 HCS SB 695 - Barry

27 HCS SB 962 - Jolly

28 HCS SB 1119 - Kelly (27)

29 SB 1217 - Boykins

30 SCS SB 967 - Hagan-Harrell

31 SB 1243 - Kelly (27)

32 HCS SCS SB 1212 - Ransdall

33 SB 1041, HCAs 1, 2 & 3 - Gratz

34 SB 1168, HCA 1 - Gratz

35 SB 974 - Koller

36 HCS SB 1251 - Monaco

37 SCS SB 1163 - Ransdall

38 SB 720 - Hoppe

39 HCS SB 714 - Barry

40 SCS SB 729 - Luetkenhaus

41 SB 891 - Rizzo

42 HCS SB 932 - Smith

43 SCS SB 1015 - Relford

44 SCS SB 1071 - Lawson

45 HCS SB 1094 - Green (73)

46 SB 1048 - Reinhart

47 SB 1028 - Luetkemeyer

48 SB 812 - Holand

49 SB 726 - Gaskill

50 SB 865 - Myers

51 SCS SB 918 - Linton

52 HCS SB 1102 - Hosmer

53 SB 1109 - Portwood

54 HCS SCS SB 947 - Farnen

55 SCS SB 1207 - Holand

56 SCS SB 1151 - Myers

57 HCS SCS SB 980 - Hunter

58 SCS SB 874 - Franklin

59 HCS SB 1186 - Hoppe

60 SCS SB 1182 - Barry

61 HCS SCS SB 1202, E.C. - Koller

62 HCS SB 758 - Hosmer

63 SCS SB 1024 - Holand

64 SB 976 - Portwood

65 SS SCS SB 959, E.C. - Rizzo

66 SB 644 - Davis

67 SCS SB 1241, 1253 & 1189 - Boykins

68 SCS SB 966 - Gambaro

69 SB 798 - Ross

70 SCS SB 745 - Kelly (144)

71 HCS SB 950 - Griesheimer

72 SB 1199, HCA 1 - Bearden

73 HCS SCS SB 960 - O'Connor

74 HCS SCS SB 1093 - Hilgemann

75 SB 831 - Gambaro

76 HCS SCS SB 957 - Reid

77 SCS SB 656 - Luetkenhaus

78 HCS SCS SB 737 - Berkowitz

SENATE BILL FOR THIRD READING

SB 1220 - O'Toole

HOUSE RESOLUTIONS

1 HR 341, (3-7-02, Page 518) - Ladd Baker

2 HR 281, (4-9-02, Pages 1021 & 1022) - Hampton

Missouri House of Representatives