Journal of the House

Second Regular Session, 91st General Assembly

SEVENTY-FIRST DAY, Tuesday, May 14, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

God of Grace and Truth: we pride ourselves that we learn something new everyday. Grant Your guiding light this day. Shine it upon the men and women of this House. Let Your illuminating truth lead them through the decisions and issues that confront them.

Give to these who seek to serve the common good, both humility and clarity of thought. Soothe any still-smoldering heart, with the spirit of generosity. Let these decision makers be swayed not by emotion or ambition, but guided by calm conviction and blessed with uncommon patience.

To You be glory and honor. 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: Eleanor Catherine Byrd, Layne Reynolds, Kristin Herron, Kellie Evrad and Jerrod Osthoff.

The Journal of the seventieth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1987

and

House Resolution No. 1988 - Representative Relford

House Resolution No. 1989 - Representative Holand

House Resolution No. 1990 - Representative Richardson, et al

House Resolution No. 1991 - Representative Mayer

House Resolution No. 1992

through

House Resolution No. 1995 - Representative Cunningham

House Resolution No. 1996 - Representative Curls

House Resolution No. 1997 - Representative Burcham

House Resolution No. 1998 - Representative Thompson

House Resolution No. 1999 - Representative Lowe

House Resolution No. 2000 - Representative Hilgemann

House Resolution No. 2001

through

House Resolution No. 2005 - Representatives Ross and Lograsso

House Resolution No. 2006 - Representative Crump

House Resolution No. 2007 - Representative Surface

House Resolution No. 2008 - Representative Hanaway

House Resolution No. 2009 - Representative Shoemyer (9)

House Resolution No. 2010 - Representative Harlan

House Resolution No. 2011

through

House Resolution No. 2018 - Representative Legan

COMMITTEE REPORT

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

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred SS HB 2023, begs leave to report it has examined the foregoing bill and finds the same to be truly and correctly printed as agreed to and finally passed.

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HBs 1141, 1400, 1645, 1745 & 2026, relating to memorial highways, was taken up by Representative Naeger.

On motion of Representative Naeger, SCS HBs 1141, 1400, 1645, 1745 & 2026 was adopted by the following vote:

On motion of Representative Naeger, SCS HBs 1141, 1400, 1645, 1745 & 2026 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS HB 1402, as amended, relating to telecommunication services, was taken up by Representative Burton.

Representative Burton moved that the House refuse to adopt SCS HB 1402, 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.

THIRD READING OF SENATE BILL

HCS SS SCS SBs 837, 866, 972 & 990, relating to agriculture, was taken up by Representative Berkowitz.

Representative Berkowitz offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, by inserting in the appropriate location the following sections:

"261.110. 1. The department of agriculture shall develop standards and labeling for organic farming.

2. The department of agriculture shall adopt rules to implement the provisions of this section.

3. The department may cooperate with any agency of the federal government, any state, any other agency in this state, any private entity or person engaged in growing, processing, marketing of organic products, or any group of such persons in this state, in programs to effectuate such purposes. Such agreements may provide for cost and revenue sharing, and for division of duties and responsibilities under this section and may include other provisions generally to effectuate the purposes of this section.

4. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

261.120. There is hereby created in the state treasury the "Organic Production and Certification Fee Fund". Fees imposed in accordance with rules promulgated under section 261.110, shall be credited to the organic production and certification fee fund."; and

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

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

Representative Berkowitz offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 2, Section 142.028, Line 11, by deleting all of said line and inserting in lieu thereof the following:

"located within the state of Missouri and is at least fifty-one percent owned by agricultural producers actively engaged in agricultural production for commercial purposes and which has made formal application, posted a bond, and"; and

Further amend said bill, Page 22, Section 413.115, Lines 1 to 3, by deleting all of said lines; and

Further amend said bill, Page 23, Section 413.115, Lines 4 to 12, by deleting all of said lines; and

Further amend said bill, Page 27, Section 414.032, Lines 13 and 14, by deleting all of said lines and inserting in lieu thereof the following:

"insure that these fuels conform to advertised grade and octane. In no event shall the penalty for a first violation of this section exceed a written reprimand."; and

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

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

Representative Relford offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 5, Section 142.031, Line 68, by inserting immediately after all of said line the following:

"254.020. As used in this chapter, the following words [shall have the following meanings] mean:

(1) [The word "commission" shall mean] "Best management practices", forest management practices, as defined by the commission in consultation with the clean water commission, that ensure protection of water quality;

(2) "Commission", the conservation commission of Missouri [upon which, by the terms hereof impressed, are] being responsible for the control, management, restoration, conservation, and regulation of the bird, fish, game, forestry, and all wildlife resources of the state are therefore vested the responsibilities for the administration [hereof in conformity] of this chapter in conformance with sections 40 to 46 of article IV of the Constitution of Missouri; and the words "rules and regulations" shall mean those made by the commission pursuant thereto;

[(2)] (3) "Conservation commission fund" [as used in this chapter, shall mean], only the moneys arising from the additional sales and use taxes provided for in section 43(a) of article IV of the Constitution of Missouri;

[(3)] (4) "Forest croplands" [shall mean], those lands devoted exclusively to growing wood and timber, except for such other uses as shall be approved by the commission by regulations and which are tendered to the commission by any person and accepted and classified by the commission as such; and the commission shall prescribe the terms and conditions of such tender, acceptance and classification;

[(4) The word "person" shall mean] (5) "Person", any individual, male or female, singular or plural, of whatever age[, and this term]. The term person shall include and refer to any owner, grantee, lessee, licensee, permittee, firm, association, copartnership, corporation, municipality or county, as the context may require;

(6) "Precommercial forestry activities", proper forest management activities, as defined by the commission, that do not generate an immediate profit for the landowner;

[(5) The title "state forester" shall mean] (7) "State forester", the administrative head of the state forestry program;

(8) "Sustainable forestry principles", forest management activities, as defined by the commission, that ensure efficient use and continued availability of forest resources.

254.040. 1. Any person desiring to have lands designated as forest croplands shall submit an application [therefor] to the state forester on [form or] forms [to be] provided by the commission. The state forester [will] shall make or cause to be made an examination of the lands covered by [said] such application and shall forward a copy of [same] such application, together with his or her recommendations, to the commission. If the commission [approve and classify] approves and classifies such lands as forest croplands, they shall be subject to the provisions of this chapter and [such] rules and regulations promulgated pursuant to this chapter.

2. If the commission [refuse so] refuses to accept and classify [said] such lands, the applicant may appeal [from] the decision of the commission to the circuit court in which such lands, or major part [thereof] of such lands, are located and the decision of the circuit court in all such matters shall be final.

3. No application to designate lands as forest croplands shall be accepted for a tract of land containing less than twenty acres; and no such land shall be classified for tax relief if the value thereof shall exceed one hundred twenty-five dollars per acre or a greater value as set by regulation of the commission.

4. No application for the cost-share incentive program established in section 254.225 shall be accepted for lands designated as forest croplands.

254.225. 1. The commission may administer a forest landowner cost-share incentive program to promote sustainable forestry on private lands. Such program may provide reimbursement cost share for up to fifty percent of the cost of precommercial forestry activities on eligible lands. Eligible forestry activities shall be carried out in accordance with best management practices and sustainable forestry principles.

2. Any forest landowner may submit a program application to the state forester on forms provided by the commission. Application procedures and acceptance criteria shall be specified by the commission.

3. No application for such program shall be accepted for a tract of land containing less than forty acres. The total amount of incentives provided to any person shall not exceed five thousand dollars in any calendar year." ; and

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

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

Representative Myers offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 7, Section 281.217, Lines 8 and 9, by deleting the words "and agriculture".

Representative Boatright offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 6, Section 281.217, Line 1, by deleting all of said section and changing the title and enacting clause accordingly.

Representative Boatright moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

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

Representative Reid offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, by inserting in the appropriate location the following section:

"267.750. 1. It shall be unlawful for any person to knowingly feed poultry manure or any food product containing poultry manure to livestock as defined in section 267.565.

2. Any person who violates the provisions of subsection 1 of this section shall be guilty of an infraction and shall be punished by a fine of not more than two hundred dollars."; and

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

Representative Reid moved that House Amendment No. 5 be adopted.

Which motion was defeated by the following vote:

Representative Gratz offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 16, Section 348.432, Line 85 of said page, by inserting after all of said line the following:

"407.592. Sections 407.585 to 407.592 shall apply to any new farm machinery sold after January 1, 1988, but no provision of sections 407.585 to 407.592 shall operate or be construed to invalidate, impair, or otherwise infringe upon the specific requirements of any contract between a dealer and a manufacturer entered into prior to September 28, 1987, and which is in effect on September 28, 1987; provided, however, that in any case wherein warranty repair work is performed for a consumer by a farm equipment dealer under the provisions of a manufacturer's express warranty, the manufacturer shall reimburse the dealer at an hourly labor rate that is the same or greater than the hourly labor rate the dealer currently charges consumers for nonwarranty repair work. The dealer may accept the manufacturer's reimbursement terms and conditions in lieu of the above."; and

Further amend the title and enacting clause accordingly.

On motion of Representative Gratz, House Amendment No. 6 was adopted.

Representative Legan offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, by inserting the following in the appropriate location:

"578.405. 1. Sections 578.405 to 578.412 shall be known and may be cited as "The Animal Research and Production Facilities Protection Act".

2. As used in sections 578.405 to 578.412, the following terms mean:

(1) "Animal", every living creature, domestic or wild, but not including Homo sapiens;

(2) "Animal facility", any facility, animal farming operation, business or organization engaging in legal scientific research or agricultural production or involving the use of animals, including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, any person licensed to practice veterinary medicine, any organization involved in the production of pet food or pet food research, and any organization with a primary purpose of representing any such person, organization, or institution. The term shall include the owner, operator, and employees of any animal facility [and], the offices [and], barns, buildings, or other structures, the vehicles of any such persons while engaged in duties related to the animal facility, and any [premises] private property where animals are located, including but not limited to the barns or areas where the animals are pastured, housed, or otherwise quartered;

(3) "Director", the director of the department of agriculture.

578.407. No person shall:

(1) Release, steal, or otherwise intentionally cause the death, injury, or loss of any animal at or from an animal facility and not authorized by that facility;

(2) Damage, vandalize, or steal any property in or on an animal facility;

(3) Obtain access to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility;

(4) Enter or otherwise interfere with an animal facility with the intent to destroy, alter, duplicate or obtain unauthorized possession of records, data, material, equipment, or animals;

(5) Knowingly obtain, by theft or deception, control over records, data, material, equipment, or animals of any animal facility for the purpose of depriving the rightful owner or animal facility of the records, material, data, equipment, or animals, or for the purpose of concealing, abandoning, or destroying such records, material, data, equipment, or animals;

(6) Enter or remain on an animal facility with the intent to commit an act prohibited by this section;

(7) Photograph, videotape, or otherwise obtain images from within a structure that an animal is housed without the express written consent of the animal facility;

(8) Intentionally or knowingly release or introduce any pathogen or disease in or near an animal facility that has the potential to cause disease in any animal at the animal facility or which otherwise threatens human health or biosecurity at the animal facility.

578.409. 1. Any person who violates section 578.407:

(1) Shall be guilty of a misdemeanor for each such violation unless the loss, theft, or damage to the animal facility exceeds three hundred dollars in value;

(2) Shall be guilty of a class D felony for a violation of subdivision (7) of section 578.407 or if the loss, theft, or damage to the animal facility property exceeds three hundred dollars in value but does not exceed ten thousand dollars in value;

(3) Shall be guilty of a class C felony if the loss, theft, or damage to the animal facility property exceeds ten thousand dollars in value but does not exceed one hundred thousand dollars in value;

(4) Shall be guilty of a class B felony if the loss, theft, or damage to the animal facility exceeds one hundred thousand dollars in value.

2. Any person who intentionally agrees with another person to violate section 578.407 and commits an act in furtherance of such violation shall be guilty of the same class of violation as provided in subsection 1 of this section. 3. In the determination of the value of the loss, theft, or damage to an animal facility, the court shall conduct a hearing to determine the reasonable cost of replacement of materials, data, equipment, animals, and records that were damaged, destroyed, lost, or cannot be returned, as well as the reasonable cost of lost production funds and repeating experimentation that may have been disrupted or invalidated as a result of the violation of section 578.407.

4. Any persons found guilty of a violation of section 578.407 shall be ordered by the court to make restitution, jointly and severally, to the owner, operator, or both, of the animal facility, in the full amount of the reasonable cost as determined under subsection 3 of this section.

5. Any person who has been damaged by a violation of section 578.407 may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. 6. Nothing in sections 578.405 to 578.412 shall preclude any animal facility injured in its business or property by a violation of section 578.407 from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates section 578.407 including any relief authorized under subsection 5 of this section. The owner or operator of the animal facility may petition the court to permanently enjoin such persons from violating sections 578.405 to 578.412 and the court shall provide such relief.

578.412. 1. The director shall have the authority to investigate any alleged violation of sections 578.405 to 578.412, along with any other law enforcement agency, and may [take any action within the director's authority necessary for the enforcement of sections 578.405 to 578.412] initiate civil legal action in the circuit court of the county where the violation occurred. The attorney general, the highway patrol, and other law enforcement officials shall provide assistance required in the conduct of an investigation.

2. The director may promulgate rules and regulations necessary for the enforcement of sections 578.405 to 578.412. No rule or portion of a rule promulgated under the authority of sections 578.405 to 578.412 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo."; and

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

Representative Johnson (90) offered House Amendment No. 1 to House Amendment No. 7.

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 3, Section 548.407, Line 1, by deleting the semi-colon at the end of said line and by inserting at the end of said line the following: "with the intent to commit agriterrorism"; and

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

Representative Clayton assumed the Chair.

Representative Legan offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 7.

House Substitute Amendment No. 1

for

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 2, Section 578.407, Line 30, by inserting in front of the word "photograph" the following: "with the intent to commit a crime"; and

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

Speaker Pro Tem Abel resumed the Chair.

On motion of Representative Legan, House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 7 was adopted.

Representative Clayton offered House Amendment No. 2 to House Amendment No. 7.

House Amendment No. 2

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 3, Section 578.409, Lines 11 and 12, by striking the following: "for a violation of subdivision (7) of section 578.407 or".

On motion of Representative Clayton, House Amendment No. 2 to House Amendment No. 7 was adopted.

On motion of Representative Legan, House Amendment No. 7, as amended, was adopted.

Representative Whorton offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 4, Section 142.031, Line 9, by deleting all of said line and inserting in lieu thereof the following:

"and subject to appropriations with funds, other than general revenue funds, shall be used to"; and

Further amend said bill, Page 4, Section 142.031, Line 13, by deleting all of said line and inserting in lieu thereof the following:

"3. A Missouri qualified biodiesel producer shall be eligible for a monthly grant"; and

Further amend said bill, Page 4, Section 142.031, Lines 15 to 17, by deleting all of said lines and inserting in lieu thereof the following:

"the grant for a total of sixty months unless such producer during those sixty months failed, due to a lack of appropriations, to receive the full amount from the fund for which they were eligible, in which case such producers shall continue to be eligible for up to twenty-four additional months or until they have received the maximum amount of funding for which they were eligible during the original sixty month time period. The amount of the grant is determined by calculating the number of gallons of qualified biodiesel produced during the preceding month from Missouri agricultural products, as certified by the department"; and

Further amend said bill, Page 4, Section 142.031, Line 17, by deleting all of said line and inserting in lieu thereof the following:

"Missouri agricultural products for the succeeding calendar month, as certified by the department"; and

Further amend said bill, Page 4, Section 142.031, Lines 19 to 35, by deleting all of said lines and inserting in lieu thereof the following:

"this subsection. Each Missouri qualified biodiesel producer shall be eligible for a total grant in any fiscal year equal to thirty cents per gallon for the first fifteen million gallons of qualified biodiesel produced from Missouri agricultural products in the fiscal year. All such qualified biodiesel produced by a Missouri qualified biodiesel producer in excess of fifteen million gallons shall not be applied to the computation of a grant pursuant to this subsection. The department of agriculture shall pay all grants for a particular month by the fifteenth day after receipt and approval of the application described in subsection 4 of this section."; and

Further amend said bill, Page 4, Section 142.031, Line 37, by deleting all of said line and inserting in lieu thereof the following: "fund, an application for such funds shall be received no later than"; and

Further amend said bill, Page 5, Section 142.031, Line 38, by deleting all of said line and inserting in lieu thereof the following: "fifteen days following the first day of the month for which the grant is sought. The"; and

Further amend said bill, Page 5, Section 142.031, Line 42, by deleting all of said line and inserting in lieu thereof the following: "biodiesel producer in the preceding month, if applicable;"; and

Further amend said bill, Page 5, Section 142.031, Lines 45 to 47, by deleting all of said lines and inserting in lieu thereof the following:

"month;

(4) The number of gallons of qualified biodiesel the producer manufactures during the month for which the grant is applied;"; and

Further amend said bill, Page 5, Section 142.031, Lines 56 to 60, by deleting all of said lines and inserting in lieu thereof the following: "administration of the provisions of this section."; and

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

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

Representative Holand offered House Amendment No. 9.

Representative Myers raised a point of order that House Amendment No. 9 is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Ladd Baker offered House Amendment No. 9.

Representative Gratz raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Boatright offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 13, Section 348.430, Line 29, by inserting after the word "tax" the following: "or estimated quarterly tax"; and

Further amend said bill, Page 15, Section 348.432, Line 42, by inserting after the word "tax" the following: "or estimated quarterly tax"; and

Further amend said bill, Page 15, Section 348.432, Line 51, by inserting at the end of the line the following:

"Tax credits claimed in a taxable year may be done so on a quarterly basis and applied to the estimated quarterly tax pursuant to subsection 3 of this section."; and

Further amend said bill by inserting in the appropriate location the following:

"Section 3. All premium tax credits described in sections 348.430 and 348.432, RSMo, shall only reduce the amount of money received by the general revenue fund of this state and shall not reduce any moneys received by the county foreign insurance tax fund." ; and

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

Representative Britt raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

Representative Boatright moved that House Amendment No. 9 be adopted.

Which motion was defeated by the following vote:

On motion of Representative Berkowitz, HCS SS SCS SBs 837, 866, 972 & 990, as amended, was adopted.

On motion of Representative Berkowitz, HCS SS SCS SBs 837, 866, 972 & 990, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SB 680, relating to the Missouri Commission on Obesity, was taken up by Representative Barry.

Representative Barry offered HS HCS SCS SB 680.

Representative Portwood offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, by inserting at the appropriate location the following section:

"34.375. 1. This section shall be known and may be cited as the "Missouri Calcium Initiative".

2. The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:

(1) Contain a higher level of calcium than products of the same type and quality; and

(2) Are equal to or lower in price than products of the same type and quality.

3. Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.

4. The requirements of this section shall be in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.

5. For purposes of this section, "governmental entity" means the state of Missouri, its departments, agencies, boards, commissions and institutions, and all school districts of the state. Governmental entity does not include political subdivisions of the state.

6. Notwithstanding the provisions of this section to the contrary, a purchasing agent who has entered into a contract with a supplier before July 1, 2002, to purchase food and beverages shall not be required to purchase high calcium foods and beverages if purchasing such products would change the terms of the contract."; and

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

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

HCS SCS SB 680, with HS, as amended, pending, was laid over.

MOTIONS

Representative Foley moved that Rule 26 be suspended to allow the members of the House Conference Committee on HS HCS SS SB 1248, as amended, to meet while the House is in session.

Which motion was adopted by the following vote:

Representative O'Toole moved that Rule 26 be suspended to allow the members of the House Conference Committee on HS HCS SCS SB 712, as amended, to meet while the House is in session.

Which motion was adopted by the following vote:

Representative Monaco assumed the Chair.

THIRD READING OF SENATE BILLS

HCS SCS SB 680, with HS, as amended, pending, relating to the Missouri Commission on Obesity, was again taken up by Representative Barry.

Representative Hunter offered House Amendment No. 2.

Representative Barry raised a point of order that House Amendment No. 2 is not germane to the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Wright offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Pages 6 and 7, Section 192.975, by deleting the words [shall] on Page 6, Line 23, and Page 7, Line 2, and inserting the word "may"; and

Further amend Page 7, Line 7, by deleting the word [shall] and inserting the word "should"; and delete Lines 16 and 17 of said page and renumber the remaining subsections accordingly.

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

House Amendment No. 2

PART I

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Pages 6 and 7, Section 192.975, by deleting the words [shall] on Page 6, Line 23, and Page 7, Line 2, and inserting the word "may".

Representative Wright moved that Part I of House Amendment No. 2 be adopted.

Which motion was defeated.

House Amendment No. 2

PART II

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 7, Line 7, by deleting the word [shall] and inserting the word "should".

On motion of Representative Wright, Part II of House Amendment No. 2 was adopted.

House Amendment No. 2

PART III

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 7, by deleting Lines 16 and 17 of said page and renumbering the remaining subsections accordingly.

Representative Wright moved that Part III of House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Cunningham offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 4, Section 192.975, Line 13, by deleting the words "twenty-two" and inserting in lieu thereof the following: "twenty-three"; and

Further amend said section, Page 6, Line 4, by inserting the following:

"21. A representative of the Missouri State Chiropractor's Association".

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

Representative Ladd Baker offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 7, Section 192.975, Line 23, by inserting after all of said line the following:

"Section 1. 1. Notwithstanding any provision of the law to the contrary, until the provision of 208.151.1(25) RSMo 2001 is fully implemented at 100% of poverty, an otherwise eligible individual shall be eligible for payment of Medicaid allowable expenses in accordance with department of social services policy in effect on January 1, 2002. This section shall be null and void if after investigation, appeal and final determination, the Center for Medicare and Medicaid Services declares this policy violates the Medicaid program rules for a 209(b) state.

2. The Personal Independence Commission shall study the issue of spend down. Such study shall include but not be limited to: the effects of spend down on the population served; a comparison of Missouri's spend down program with similar programs in other states; develop alternatives that will service the population's needs in a manner that is equitable but flexible to the needs and circumstances of the individual, encourages responsible utilization of the services and is fiscally responsible. By December 1, 2002, the Commission shall present its findings and recommendations to the Governor and General Assembly."; and

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

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

Representative Relford offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, by inserting in the appropriate location the following:

"660.099. 1. The general assembly may appropriate funds in addition to the amount currently being provided per annum for nutrition services for the elderly. Funds so designated to provide nutrition services for the elderly shall be allocated to the Missouri division of aging to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.

2. The general assembly may appropriate funds in addition to the amount currently being provided per annum through the Missouri elderly and handicapped transportation program. Funds so designated to provide transportation for the elderly and developmentally disabled shall be allocated to the Missouri division of aging to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.

3. The general assembly may appropriate funds in addition to the amount currently being provided per annum for home-delivered meals for the elderly. Such additional funds shall be allocated to the Missouri division of aging [to be placed on the formula basis] and distributed to each area agency on aging throughout the state of Missouri based on the actual number of meals served in each area during the previous fiscal year."; and

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

On motion of Representative Relford, House Amendment No. 5 was adopted.

Representative Portwood offered House Amendment No. 6.

Representative Hollingsworth raised a point of order that House Amendment No. 6 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

On motion of Representative Barry, HS HCS SCS SB 680, as amended, was adopted.

On motion of Representative Barry, HS HCS SCS SB 680, as amended, was read the third time and passed by the following vote:

Representative Monaco declared the bill passed.

The emergency clause was defeated by the following vote:

Speaker Pro Tem Abel resumed the Chair.

HCS SB 718, relating to the Pledge of Allegiance in public schools, was taken up by Representative Berkowitz.

Representative Hollingsworth offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 718, Page 1, Section 171.021, Line 8, by adding after the word "week" the following:

", and such schools shall also ensure the singing of the National Anthem, all eight verses, the recitation of the Declaration of Independence, and the wearing of red, white and blue once a week.".

Representative Portwood offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 718, Lines 2 and 3 of said amendment, by deleting the words ", all eight verses," and inserting in lieu thereof the word "and"; and

Further amend said amendment, Lines 5 and 6, by deleting all of said lines and inserting in lieu thereof the following: "at least once a year by grade 5".

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

Representative Hollingsworth moved that House Amendment No. 1, as amended, be adopted.

Which motion was defeated.

Representative Cunningham offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Bill No. 718, Page 1, Section 2, Line 8, by inserting after the word "student" the following: "or member of the faculty or staff".

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

Which motion was defeated.

Representative Gaskill offered House Amendment No. 3.

Representative Clayton raised a point of order that House Amendment No. 3 goes beyond the scope and is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Merideth offered House Amendment No. 3.

Representative Berkowitz 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 Fraser offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Bill No. 718, Page 1, by deleting the word "ensure" and inserting in its place the word "encourage"; and by deleting "in at least one scheduled class of every pupil enrolled in that school no less often than once per week."

Representative Fraser moved that House Amendment No. 3 be adopted.

Which motion was defeated by the following vote:

Representative Legan offered House Amendment No. 4.

Representative Seigfreid raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

On motion of Representative Berkowitz, HCS SB 718 was adopted.

On motion of Representative Berkowitz, HCS SB 718 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS SB 1266, relating to tobacco sales, was taken up by Representative O'Toole.

Representative O'Toole offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Committee Substitute for Senate Bill No. 1266, Page 2, Section 149.200, Lines 41 and 42, by deleting all of said lines and inserting in lieu thereof the following:

"4. Any licensed wholesaler who knowingly violates this section is guilty of a class C misdemeanor."; and

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

Representative O'Toole moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

On motion of Representative O'Toole, SCS SB 1266 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Speaker Kreider assumed the Chair.

SIGNING OF HOUSE BILL

All other business of the House was suspended while SS HB 2023 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

Having been duly signed in open session of the Senate, SS HB 2023 was delivered to the Governor by the Chief Clerk of the House.

Speaker Pro Tem Abel resumed the Chair.

THIRD READING OF SENATE BILL - INFORMAL

HCS SS SCS SBs 969, 673 & 855, relating to sex crimes and crime prevention, was taken up by Representative Smith.

Representative Smith offered HS#2 HCS SS SCS SBs 969, 673 & 855.

Representative Reid offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 969, 673 & 855, by inserting in the appropriate location the following:

"547.170. In all cases where an appeal or writ of error is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisonment in the penitentiary for life, or a sentence of imprisonment for a violation of sections 195.222, RSMo, 565.021, RSMo, 565.050, RSMo, [or] subsections 1 and 2 of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, 566.100, RSMo, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge."; and

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

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

Representative Reid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 969, 673 & 855, by inserting the following in the appropriate location:

"565.305. 1. As used in this section, the following words and phrases shall mean:

(1) "Clone a human being" or "cloning a human being", genetic duplication or replication of a human being, whether living or deceased, regardless of the stage of development of such human being, from whom genetic material was donated or taken in order to complete such duplication or replication;

(2) "Public employee", any person employed by the state of Missouri or any agency or political subdivision thereof;

(3) "Public facilities", any public institution, public facility, public equipment, or any physical asset owned or leased, or controlled by the state of Missouri or any agency or political subdivision thereof;

(4) "Public funds", any funds received or controlled by the state of Missouri or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.

2. No person shall knowingly clone a human being, or participate in cloning a human being.

3. No person shall knowingly use public funds to clone a human being or attempt to clone a human being.

4. No person shall knowingly use public facilities for the purpose of cloning a human being or attempting to clone a human being.

5. No public employee shall knowingly allow any person to clone a human being or attempt to clone a human being while making use of public funds or public facilities.

6. Violation of subsections 2 to 5 of this section shall be a class B felony."; and

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

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

Representative Hosmer offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 969, 673 & 855, Page 30, Line 4, by inserting in the appropriate place the following:

"Section 2. 1. No person less than twenty-one years of age shall dance in an adult cabaret as defined in section 573.500, RSMo, nor shall any proprietor of such establishment permit any person less than twenty-one years of age to dance in an adult cabaret.

2. Any person who violates the provisions of subsection 1 of this section is guilty of a class A misdemeanor."

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

The Chair ruled the point of order not well taken.

Representative Hosmer moved that House Amendment No. 3 be adopted.

Which motion was defeated.

On motion of Representative Smith, HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, was adopted.

On motion of Representative Smith, HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote: