Journal of the House

Second Regular Session, 91st General Assembly

SIXTY-NINTH DAY, Friday, May 10, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Father David Buescher.

Almighty God, guide and direct both houses of our legislature in these last days of this session. Bring healing to those fissures dividing these two crucial bodies of state, our Senate and our House of Representatives, so that progress may be made. Somehow heal the division in this House, which broke open so forcefully yesterday.

Much needs to be done, not to feed the egos of our legislators, but rather that the minds, bodies, and hearts of our people are fed. As votes are cast this day and over the next week, may our representatives imagine, not numbers, but the faces of the people behind the votes, the people whose lives will be impacted by the results.

Give these good men and women, our elected representatives strength, courage, and wisdom today, and a restful and re-creating weekend tomorrow and Sunday. 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: David Prater, Jamie Richey and Haley Lewis.

The Journal of the sixty-eighth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1943

and

House Resolution No. 1944 - Representative Relford

House Resolution No. 1945

and

House Resolution No. 1946 - Representative Smith

House Resolution No. 1947 - Representative Hegeman

House Resolution No. 1948 - Representative Jolly

House Resolution No. 1949 - Representative Ridgeway

House Resolution No. 1950

through

House Resolution No. 1952 - Representative Clayton

House Resolution No. 1953

through

House Resolution No. 1955 - Representative Copenhaver

House Resolution No. 1956 - Representative Hunter, et al

House Resolution No. 1957

and

House Resolution No. 1958 - Representative Kelly (36)

House Resolution No. 1959

and

House Resolution No. 1960 - Representative Thompson

House Resolution No. 1961 - Representative Barnitz

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HB 1811, relating to conveyance in St. Louis City, was taken up by Representative Gambaro.

On motion of Representative Gambaro, SCS HB 1811 was adopted by the following vote:

On motion of Representative Gambaro, SCS HB 1811 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS HBs 1093, 1094, 1159, 1204, 1242, 1272, 1391, 1397, 1411, 1624, 1632, 1714, 1755, 1778, 1779, 1852, 1862, 2025 & 2123, as amended, relating to special license plates, was taken up by Representative Relford.

On motion of Representative Relford, SCS HBs 1093, 1094, 1159, 1204, 1242, 1272, 1391, 1397, 1411, 1624, 1632, 1714, 1755, 1778, 1779, 1852, 1862, 2025 & 2123, as amended, was adopted by the following vote:

On motion of Representative Relford, SCS HBs 1093, 1094, 1159, 1204, 1242, 1272, 1391, 1397, 1411, 1624, 1632, 1714, 1755, 1778, 1779, 1852, 1862, 2025 & 2123, as amended, was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SS SCS HCS HB 1443, relating to safe place for newborns, was taken up by Representative Barry.

On motion of Representative Barry, SS SCS HCS HB 1443 was adopted by the following vote:

On motion of Representative Barry, SS SCS HCS HB 1443 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SS#2 SCS HB 1446, as amended, relating to insurance, was taken up by Representative Luetkenhaus.

Representative Luetkenhaus moved that the House refuse to adopt SS#2 SCS HB 1446, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

Representative Smith assumed the Chair.

Speaker Kreider assumed the Chair.

THIRD READING OF HOUSE BILL

HS HB 1594, relating to state employee pay, was taken up by Representative Gratz.

On motion of Representative Gratz, HS HB 1594 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

BILLS IN CONFERENCE

CCR SCS HCS HB 1101, relating to appropriations, was taken up by Representative Green (73).

Representative Green (73) moved that the House refuse to adopt CCR SCS HCS HB 1101 and request the Senate to grant the House a further conference.

Representative Shields made a substitute motion for the House to take up and pass CCR SCS HCS HB 1101.

Representative Green (73) raised a point of order that the substitute motion is not a true substitute motion.

The Chair ruled the point of order well taken.

Representative Green (73) again moved that the House refuse to adopt CCR SCS HCS HB 1101 and request the Senate to grant the House a further conference.

CCR SCS HCS HB 1102, as amended, relating to appropriations, was taken up by Representative Graham.

Representative Graham moved that the House refuse to adopt CCR SCS HCS HB 1102, as amended, and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1103, as amended, relating to appropriations, was taken up by Representative Graham.

Representative Graham moved that the House refuse to adopt CCR SCS HCS HB 1103, as amended, and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1104, as amended, relating to appropriations, was taken up by Representative Bray.

Representative Bray (73) moved that the House refuse to adopt CCR SCS HCS HB 1104, as amended, and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1105, relating to appropriations, was taken up by Representative Bonner.

Representative Bonner moved that the House refuse to adopt CCR SCS HCS HB 1105 and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1106, relating to appropriations, was taken up by Representative Ransdall.

Representative Ransdall moved that the House refuse to adopt CCR SCS HCS HB 1106 and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1107, as amended, relating to appropriations, was taken up by Representative Ransdall.

Representative Ransdall moved that the House refuse to adopt CCR SCS HCS HB 1107, as amended, and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

Representative Scheve assumed the Chair.

CCR SCS HCS HB 1108, relating to appropriations, was taken up by Representative Kelly (27).

Representative Kelly (27) moved that the House refuse to adopt CCR SCS HCS HB 1108 and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1109, relating to appropriations, was taken up by Representative Kelly (27).

Representative Kelly (27) moved that the House refuse to adopt CCR SCS HCS HB 1109 and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

CCR SCS HCS HB 1110, relating to appropriations, was taken up by Representative Riback Wilson (25).

Representative Riback Wilson (25) moved that the House refuse to adopt CCR SCS HCS HB 1110 and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

Speaker Kreider assumed the Chair.

CCR SCS HCS HB 1111, as amended, relating to appropriations, was taken up by Representative Troupe.

Representative Troupe moved that the House refuse to adopt CCR SCS HCS HB 1111, as amended, and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

Representative Scheve resumed the Chair.

CCR SCS HCS HB 1112, relating to appropriations, was taken up by Representative Bonner.

Representative Bonner moved that the House refuse to adopt CCR SCS HCS HB 1112 and request the Senate to grant the House a further conference.

Which motion was adopted by the following vote:

Speaker Pro Tem Abel resumed the Chair.

THIRD READING OF SENATE BILL

SCS SBs 915, 710 & 907, relating to transportation funding, was taken up by Representative Koller.

Representative Koller offered HS SCS SBs 915, 710 & 907.

Representative Koller offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for Senate Committee Substitute for Senate Bill Nos. 915, 710 & 907, Page 18, Section 142.803, Line 17 of said page, by inserting after said line the following:

"3. In addition to the tax levied and imposed pursuant to subdivision (1) of subsection 1 of this section, an additional tax of three cents per gallon is hereby levied and imposed on motor fuel used or consumed in this state. The revenue derived from the additional tax of three cents per gallon imposed pursuant to this subsection shall be distributed and used as provided in article IV, section 30(a) of the Missouri Constitution. The additional tax imposed pursuant to this subsection is imposed upon the ultimate consumer, but is to be precollected as described in this chapter, for the facility and convenience of the consumer. The levy and assessment on other persons as specified in this chapter shall be as agents of this state for the precollection of the tax. The additional revenue derived from the tax imposed by this subsection shall not be part of the total state revenue within the meaning of article X, sections 17 and 18 of the Missouri Constitution. The expenditure of this revenue shall not be an expense of state government pursuant to article X, section 20 of the Missouri Constitution. The additional tax imposed by this section shall expire on December 31, 2022."; and

Further amend said bill, Page 21, Section 144.020, Line 23 of said page, by inserting immediately after the word "tax" the following: "of three-fourths"; and

Further amend said bill, Page 22, Section 144.020, Line 4 of said page, by inserting immediately after the words "equivalent to" the following: "three-fourths of"; and

Further amend said bill, Page 22, Section 144.020, Line 10 of said page, by inserting immediately after the word "additional" the following: "three-fourths of"; and

Further amend said bill, Page 22, Section 144.020, Line 13 of said page, by inserting immediately after the word "additional" the following: "three-fourths of"; and

Further amend said bill, Page 22, Section 144.020, Line 17 of said page, by inserting immediately after the word "additional" the following: "three-fourths of"; and

Further amend said bill, Page 24, Section 144.021, Line 1 of said page, by deleting the words "[four] five" and inserting in lieu thereof the following: "four and three-fourths"; and

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

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

Representative Smith offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for Senate Committee Substitute for Senate Bill Nos. 915, 710 & 907, Page 69, Section 305.706, Lines 1 through 7 of said page, by deleting said lines and inserting in lieu thereof the following:

"grounds for denial of a permit include determination of an obstruction of navigable airspace by the FAA, violation of a federal aviation regulation, or raising of established approach or vectoring minimums. A permit may not be denied where the structure does not exceed the FAA's obstruction criteria contained in 14 C.F.R. 77.21 et seq.".

Representative Wright raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

Representative Smith moved that House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Koller offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for Senate Committee Substitute for Senate Bill Nos. 915, 710 & 907, Page 35, Section 226.201, Line 16, by deleting the word "shall" and inserting in lieu thereof the word "may"; and

Further amend said bill, Section 226.201, Line 23, by deleting the word "shall" and inserting in lieu thereof the word "may".

On motion of Representative Koller, House Amendment No. 3 was adopted by the following vote: