Journal of the House


First Regular Session, 92nd General Assembly




THIRTY-FIFTH DAY, Tuesday, March 11, 2003


         Speaker Hanaway in the Chair.


         Prayer by Reverend James Earl Jackson.


           Heavenly Father, Holy and Exulted One, it is written: “Your mercy, O Lord extends to the Heavens, Your faithfulness reaches to the skies” so may Your mercy and faithfulness extend towards us as we begin this day.


           Today is a good day. We are convinced of Your ability to make us people of large purpose, genuine significance, and fruitful destiny. We are stretched as we move forward in Your wisdom.


           We commit our way to You Lord, trusting You, asking that You use us to accomplish Your plan.


           Now may the grace of our Lord and the love of God be with us all.


           In the name of Your Son we pray. 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: Kristi Woodson, Natalie Anderson, Joshua Boyer, Jennifer Lynn Calahan, Heather LeeAnn Calahan, Rachel Michelle Duker, Andrea Linder, Sean Harper, Haley Phillips, Nils Johnson, Jacqueline Lyons, Mitchell Roling, Sara Reck, Curt Hayward, Debbie DeGregorio, Mallory Glosier, Kathryn Cooke, Melondy Hall, Melissa Banning, Anna Ruth Struthman, Bridget Renee Barnes, Lindsey Claire Kirchhoff, Gabriel Jones, Stephanie Huett, Aaron Woods, Jason Woods, Joe Mabrey, Torreon Perkins, Charles Boclair, Jordon Taylor, Jordan Adrian, Melissa Montgomery, Kelsey Kinderknecht, Lily Smith and Marissa Stewart.


         The Journal of the thirty-fourth day was approved as corrected.

         HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


         House Resolution No. 771 - Representative Bough

         House Resolution No. 772

                        and

         House Resolution No. 773 - Representative May

         House Resolution No. 774 - Representative Liese

         House Resolution No. 775 - Representative Seigfreid

 


         House Resolution No. 776

                        through

House Resolution No. 783 - Representative Hanaway

House Resolution No. 784 - Representative Mayer


INTRODUCTION OF HOUSE JOINT RESOLUTIONS


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


HJR 22, introduced by Representative Green, relating to powers and duties of the state highways and transportation commission.


HJR 23, introduced by Representatives Quinn, Bearden, Moore, Wallace, Cunningham (86), Yates, Sander, Kuessner, Emery, Rupp and Lawson, et al, relating to funding for education.


INTRODUCTION OF HOUSE BILLS


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


HB 640, introduced by Representatives Walton, Sanders Brooks, El-Amin, Bland, Boykins, Jetton, Hubbard and Haywood, et al, relating to Emancipation Day.


HB 641, introduced by Representatives Bean, Mayer, Deeken, Jetton and Myers, relating to fiscal notes of proposed measures.


HB 642, introduced by Representatives Bean, Merideth and Myers, relating to employment security.


HB 643, introduced by Representatives Lowe, LeVota, Burnett, Zweifel, George, Johnson (90) and Walsh, et al, relating to workers' compensation benefits.


SECOND READING OF HOUSE BILLS


         HB 632 through HB 639 were read the second time.


SECOND READING OF SENATE BILLS


         SCS #2 SB 224, SCS SB 238, SB 250, SCS SB 269, SCS SB 281, SCS SB 303, SCS SB 308, SB 317 and SCS SB 391 were read the second time.


PERFECTION OF HOUSE BILL


         HCS HB 228, relating to unsolicited commercial e-mail, was taken up by Representative Pearce.


         Representative Pearce offered HS HCS HB 228.


         Representative Willoughby offered House Amendment No. 1.


House Amendment No. 1


AMEND House Substitute for House Committee Substitute for House Bill No. 228, Section 407.1147, Page 7, Line 7, by deleting the words “without limitation,”; and


           Further amend said section, Page 7, Line 8, by inserting after the word “violation” the following:


           , not to exceed twenty-five thousand dollars per day,”; and


           Further amend said section, Page 7, Lines 8 and 9, by deleting the words “and additional relief”; and


           Further amend said bill, said section, Page 8, Lines 13-17, by deleting said lines and inserting in lieu thereof the following:


           6. No electronic mail service provider shall be liable for violations of sections 407.1138 or 407.1144 due to the fact that the provider:


           (1) Is an intermediary between the sender and recipient in the transmission of commercial electronic mail that violates sections 407.1138 and 407.1144; or

           (2) Provides transmission of unsolicited commercial electronic mail over the provider’s computer network or facilities; or

           (3) Takes any voluntary action in good faith to block the receipt or transmission through its service of any electronic mail messages that it believes is, or will be, sent in violation of sections 407.1135 to 407.1147, so long as the provider promptly notified the attorney general of any commercial electronic mail message that it believes are being sent in violation of such sections..


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


         Representative Seigfreid offered House Amendment No. 2.


House Amendment No. 2


AMEND House Substitute for House Committee Substitute for House Bill No. 228, Page 8, Section 407.1147, Line 17, by adding after said line:


            “This shall in no way prohibit the department of conservation from using electronic mail to correspond with a person whose vehicle collides with a deer”.


         Representative Yates 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.


         House Amendment No. 2 was withdrawn.


         Speaker Pro Tem Jetton assumed the Chair.


         Representative Johnson (90) offered House Amendment No. 3.


         Representative Yates 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 Harris (23) offered House Amendment No. 4.


House Amendment No. 4


AMEND House Substitute for House Committee Substitute for House Bill No. 228, Page 7, Section 407.1147, Line 22, by deleting the word “to” and insert in lieu thereof the word “which”.


         Representative Purgason assumed the Chair.


         Speaker Pro Tem Jetton resumed the Chair.


         Representative Harris (23) moved that House Amendment No. 4 be adopted.


         Which motion was defeated by the following vote:


AYES: 066

 

 

 

 

 

 

 

 

 

Abel

Barnitz

Bishop

Bland

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

El-Amin

Fraser

George

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hoskins

Hubbard

Johnson 61

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

LeVota

Liese

Lowe

McKenna

Meiners

Muckler

Page

Ransdall

Sager

Salva

Schoemehl

Selby

Shoemyer

Skaggs

Spreng

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Willoughby

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

NOES: 092

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Bean

Bearden

Behnen

Bivins

Black

Bough

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Davis 19

Dempsey

Dethrow

Dixon

Dusenberg

Emery

Engler

Ervin

Fares

Goodman

Graham

Guest

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lembke

Lipke

Luetkemeyer

Marsh

May

Mayer

Merideth

Miller

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Seigfreid

Self

Shoemaker

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Threlkeld

Townley

Viebrock

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Madam Speaker

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Hilgemann

 

 

 

 

 

ABSENT WITH LEAVE: 004                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Deeken

Lawson

 

 

 

 

 

 

            HCS HB 228, with HS, as amended, pending, was laid over.


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


AFTERNOON SESSION


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


         The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Chadlee Summers, Bradlee Summers, Ashley Fausett and Rebecca Fausett.


HOUSE CONCURRENT RESOLUTIONS


         Representative Zweifel, et al, offered House Concurrent Resolution No. 25.

         Representative Shoemyer (9) offered House Concurrent Resolution No. 26.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

House Resolution No. 785 - Representative Wilson (42)

House Resolution No. 786 - Representative Viebrock

House Resolution No. 787 - Representative Lager

         House Resolution No. 788 - Representative Whorton

         House Resolution No. 789

                        through

         House Resolution No. 791 - Representative Cunningham (145)

         House Resolution No. 792 - Representative Wasson

         House Resolution No. 793 - Representative Byrd

         House Resolution No. 794

                        through

         House Resolution No. 804 - Representative Hobbs


INTRODUCTION OF HOUSE BILLS


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


HB 644, introduced by Representatives Walker, Villa and Lowe, relating to the use of marijuana for medicinal purposes.


HB 645, introduced by Representatives Ruestman, Schaaf and Stevenson, et al, relating to licenses for psychologists.


HB 646, introduced by Representatives Ruestman, Hunter, Richard, Schaaf and Stevenson, et al, relating to physical therapists and physical therapist assistants.


HB 647, introduced by Representatives Icet, Davis (19), Rupp, Sutherland, Bringer, Schoemehl, Reinhart, Moore, Behnen, Harris (110) and Muckler, et al, relating to tax credits for contributions to pregnancy resource centers.


HB 648, introduced by Representatives Wallace, Purgason, Hampton, Davis (122), Bough, Myers, Bean and Taylor, et al, relating to transfers from the incidental fund for a certain school district.


HB 649, introduced by Representative Skaggs, relating to public retirement systems.


HB 650, introduced by Representative Skaggs, relating to public retirement systems.


HB 651, introduced by Representative Schaaf, relating to neighborhood improvement district maintenance levies.


HB 652, introduced by Representatives Bearden, Lager, Lembke, Nieves, Behnen, Sander, Sutherland, Wood, Dixon, Icet, Bruns, Stefanick, Viebrock, Ervin, Baker, Goodman, Hobbs, Brown and Wright, et al, relating to performance-based budgeting.


PERFECTION OF HOUSE BILL


         HCS HB 228, with HS, as amended, pending, relating to unsolicited commercial e-mail, was again taken up by Representative Pearce.


         Representative Sager offered House Amendment No. 5.


House Amendment No. 5


AMEND House Substitute for House Committee Substitute for House Bill No. 228, Page 7, Section 407.1144, Line 3, by inserting after all of said line the following:


           3. It shall be a violation of this section for any person that sends an unsolicited commercial electronic mail message that contains adult material or references a website that contains adult material to fail to use the exact characters “xxx:” as the first four characters in the subject line of the unsolicited commercial electronic mail message that contains adult material.”; and


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


 

On motion of Representative Sager, House Amendment No. 5 was adopted by the following vote:


AYES: 138

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Holand

Hoskins

Hubbard

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

Kratky

Kuessner

Lager

Lembke

LeVota

Liese

Lipke

Lowe

Marsh

Mayer

McKenna

Meiners

Merideth

Miller

Moore

Morris

Muckler

Munzlinger

Nieves

Page

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Roark

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 14

Spreng

Stefanick

Stevenson

Sutherland

Thompson

Threlkeld

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Willoughby

Wilson 130

Wilson 25

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

NOES: 019

 

 

 

 

 

 

 

 

 

Crowell

Goodman

Guest

Hunter

King

Kingery

Luetkemeyer

May

Myers

Parker

Richard

Ruestman

St. Onge

Taylor

Townley

Viebrock

Wallace

Wasson

Wilson 119

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

ABSENT WITH LEAVE: 006                                                                                                                                                                     

 

 

 

 

 

Adams

Deeken

Lawson

Schneider

Smith 118

Wilson 42

 

 

 

 

 

 

 

 

 

         Representative Henke offered House Amendment No. 6.


House Amendment No. 6


AMEND House Substitute for House Committee Substitute for House Bill No. 228, Page 5, Section 407.1141, Line 11, by deleting the word “child”; and


          Line 21, by deleting the word “child”; and


          Line 24, by deleting the word “child”; and


          Page 6, Line 1, by deleting the word “child”; and


          Line 4, by deleting the word “child”; and


          Further amend title, enacting clause and intersectional references accordingly.


         On motion of Representative Henke, House Amendment No. 6 was adopted by the following vote:


AYES: 157

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Curls

Darrough

Daus

Davis 122

Davis 19

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Goodman

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Holand

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Miller

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Cunningham 86

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005                                                                                                                                                                     

 

 

 

 

 

Adams

Deeken

Graham

Lawson

Smith 118

 

 

 

 

  

            On motion of Representative Pearce, HS HCS HB 228, as amended, was adopted.


 

            On motion of Representative Pearce, HS HCS HB 228, as amended, was ordered perfected and printed.


            HB 197, relating to tax credits for distressed communities, was taken up by Representative Johnson (47).


            Representative Johnson (47) offered HS HB 197.


            Representative Bringer offered House Amendment No. 1.


House Amendment No. 1


AMEND House Substitute for House Bill No. 197, Page 24, Section 135.530, Line 1, by deleting the words [two thousand]; and


              Further amend Line 2 of Page 24, Section 135.530, by deleting the word [seventy] and inserting in lieu thereof “seventy-five”; and


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


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


            Representative Johnson (47) offered House Amendment No. 2.


House Amendment No. 2


AMEND House Substitute for House Bill No. 197, Page 12, Section 135.478, Lines 19 and 20 of said pages, by deleting all of said lines and inserting in lieu thereof the following:


                "for property acquisition, development, site preparation [other than demolition], surveys, architectural and engineering services"; and


              Further amend said bill, Page 13, Section 135.478, Line 5 of said page, by inserting immediately after the word "residence" the following: "or structure"; and


              Further amend said bill, Page 17, Section 135.481, Line 7 of said page, by deleting the word "and" and inserting in lieu thereof the following: "[and] or"; and


              Further amend said bill, Page 17, Section 135.481, Lines 9 to 14 of said page, by deleting all of said lines and inserting in lieu thereof the following:


               "redevelopment district, or for condominium use, established after January 1, 2000, and before December 31, [2001] 2003, and which is constructed in connection with the qualified rehabilitation of a structure more than ninety years old eligible for the historic structures rehabilitation tax credit described in sections 253.545 to 253.559, RSMo, [and] which is under way by January 1, [2000] 2002, and completed by January 1, [2002] 2003."; and


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


            On motion of Representative Johnson (47), House Amendment No. 2 was adopted.


            Representative Merideth offered House Amendment No. 3.

House Amendment No. 3


AMEND House Substitute for House Bill No. 197, Page 24, Section 135.530, Line 10, by inserting after said line the following:


              [620.1400. Sections 620.1400 to 620.1460 shall be known and may be cited as the "Missouri Individual Training Account Program Act" and its provisions shall be effective only within distressed communities as defined by section 135.530, RSMo.]

              [620.1410. There is hereby established an "Individual Training Account Program" within the department of economic development. Job training and retraining activities conducted pursuant to the provisions of sections 620.1400 to 620.1460 shall be directed to employee advancement, where jobs are linked to training before the training commences, and shall emphasize upgrade training where current or potential employers, by means of educational programs, provide existing employees with training for higher skilled positions. Job training activities provided pursuant to the provisions of the individual training account program shall attempt to prepare employed workers, including those with obsolete or inadequate job skills, for positions that remain unfilled or that may be created by current or potential employers.]

              [620.1420. As used in sections 620.1400 to 620.1460, the following terms mean:

              (1) "Costs of classroom training", the normal costs incurred in the provision of classroom training which may also include specifically identified costs incurred for instructors, classroom space and facilities, administrative support services, and directly related expenses, that together do not exceed the amount normally allowed for support of vocational and technical classes;

              (2) "Department", the department of economic development;

              (3) "Employee", a full-time or part-time employed worker whose salary is equal to or less than two hundred percent of the federal poverty level;

              (4) "Employee upgrade training", the progressive development of skills associated with the defined set of work processes. Such training shall be consistent with a career pattern of advancement, as measured by skill proficiency and the progressive earnings and related benefits, that are recognized within an occupation, trade or industry;

              (5) "Individual training account", an account funded by the tax credits provided for in section 620.1440 for the provision of employee upgrade training to employees through their participation in classroom training provided by educational institutions;

              (6) "Local educational institution", a publicly funded or privately funded local educational institution which is certified by a recognized accrediting association as capable of providing adequate classroom training to accomplish the purpose of sections 620.1400 to 620.1460.]

              [620.1430. 1. A Missouri employer who desires to participate in the individual training account program shall provide the department of economic development with notification of intent to participate. The notification shall include, but need not be limited to, the names and occupations of employees whom the employer has selected to be trained, whether or not the employees are currently working for the employer, the name of the local educational institution that will provide the training, and a brief description of the training to be given by the institution.

              2. The employer shall have complete discretion in the selection of the local educational institution or institutions to provide training and shall be responsible for the payment of the costs of classroom training.]

              [620.1440. 1. Employers may be reimbursed for the costs of training provided pursuant to the provisions of the individual training account program. Such reimbursement shall be in the form of tax credits as authorized in subsection 2 of this section. The tax credits may be claimed for courses provided in no more than two calendar years for each employee. For each year, the maximum amount of credit per employee which can be certified by the department of economic development shall be the lesser of fifty percent of the costs of classroom training or one thousand five hundred dollars.

              2. Tax credits may be claimed against any liability incurred by the employer pursuant to the provisions of chapter 143, RSMo, and chapter 148, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo. Earned tax credits may be carried forward for a period not to exceed five years and may be sold or transferred.

              3. No claim for tax credits submitted to the department by an employer shall be certified until the employer provides documentation that an employee has successfully completed the employee's course training and has been employed by the employer in a new, full-time position for a period of at least three months. It must be demonstrated satisfactorily to the department that the new position in which the employee located is an upgrade in employment, in terms of salary and responsibilities, from the previously held position. All such increases in salary shall be in addition to normal cost-of-living increases provided for in authorized labor-management contracts. If the employee was previously employed in a part-time position, the base salary for the position shall be calculated as if it were a full-time position.]

              [620.1450. The maximum amount of tax credits allowable pursuant to the provisions of the individual training account program shall not annually exceed six million dollars.]

              [620.1460. The department of economic development may promulgate necessary rules and regulations to carry out the provisions of sections 620.1400 to 620.1460. No rule or portion of a rule promulgated pursuant to the authority of sections 620.1400 to 620.1460 shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.]”; and


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


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


            Which motion was defeated.


            Representative Harris (23) offered House Amendment No. 4.


House Amendment No. 4


AMEND House Substitute for House Bill No. 197, by inserting in the appropriate location the following:


              "135.211. In addition to any other enterprise zones authorized in this chapter, the department of economic development shall designate one enterprise zone which shall have boundaries that are the same as any home rule city with more than eighty-four thousand five hundred but less than eighty-four thousand six hundred inhabitants located in any county of the first classification with more than one hundred thirty-five thousand four hundred but less than one hundred thirty-five thousand five hundred inhabitants. Such enterprise zone designation shall only be made if the area which is to be included in the enterprise zone meets all the requirements of section 135.205."; and


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


            On motion of Representative Harris (23), House Amendment No. 4 was adopted.


            Representative El-Amin requested a division of the question on HS HB 197, as amended.


            Representative Young offered House Amendment No. 1 to Part I.


House Amendment No. 1


AMEND Part I of House Substitute for House Bill No. 197, Page 11, Section 135.208, Line 19, by inserting after all of said line the following:


              "13. In addition to the number of enterprise zones authorized in this chapter, the department of economic development shall designate one such zone for any city of the fourth classification with more than thirty thousand three hundred but less than thirty thousand four hundred inhabitants and located in any county of the first class with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants. Such enterprise zone designation shall only be made if the area in the city 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 Young, House Amendment No. 1 to Part I was adopted.


            On motion of Representative Johnson (47), Part I of HS HB 197, as amended, was adopted.


            Representative Jolly offered House Amendment No. 1 to Part II.


            Representative Cooper (120) raised a point of order that House Amendment No. 1 to Part II goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Cooper (120) assumed the Chair.


            Representative Daus offered House Amendment No. 2 to Part II.


            House Amendment No. 2 to Part II was withdrawn.


            Representative Sager offered House Amendment No. 3 to Part II.


            House Amendment No. 3 to Part II was withdrawn.


            Representative Hoskins offered House Amendment No. 4 to Part II.


House Amendment No. 4


AMEND Part II of House Substitute for House Bill No. 197, Page 23, Section 135.530, Line 17, by deleting the opening and closing brackets around the word “seventy”; and


           Further amend said bill, Page 23, Section 135.530, Line 17, by deleting the words “seventy-five”; and


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


         Representative Hoskins moved that House Amendment No. 4 to Part II be adopted.


         Which motion was defeated.


         Representative Merideth offered House Amendment No. 5 to Part II.


         Representative Purgason raised a point of order that House Amendment No. 5 to Part II goes beyond the scope of the bill.


         Representative Cooper (120) requested a Parliamentary ruling.


         The Parliamentary Committee ruled the point of order well taken.


         Representative El-Amin offered House Amendment No. 6 to Part II.




House Amendment No. 6


AMEND Part II of House Substitute for House Bill No. 197, Page 15, Section 135.478, Lines 7-10, by deleting all of said lines and inserting in lieu thereof the following:


            “substantial rehabilitation of a residence that qualifies for a tax credit pursuant to sections 135.475 to 135.487;”; and


           Further amend said bill, Page 21, Section 135.487, Lines 11-20, by deleting all of said lines and inserting in lieu thereof the following: “tax credit. The director”; and


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


         Representative El-Amin moved that House Amendment No. 6 to Part II be adopted.


         Which motion was defeated.


         Speaker Pro Tem Jetton resumed the Chair.


         Representative Sager offered House Amendment No. 7 to Part II.


House Amendment No. 7


AMEND Part II of House Substitute for House Bill No. 197, Page 17, Section 135.481, Line 2, by inserting after the “.” on said line the following:


           A tax credit equal to twenty-five percent of eligible costs shall be granted for any residence which meets the requirements of this section and is also a “universally designed lifetime home”, which is defined as a residential dwelling containing no-step building entry, located on an accessible route from parking area (complaint with ANSI A117.1-1998-1002.3 and 1002.4) with the thirty-six inch entry door (compliant with ANSI A117.1-1998-404). The kitchen (compliant with ANSI A117.1-1998-1002.12), bathroom (compliant with ANSI A117.1-1998-1002.11), and laundry (compliant with ANSI A117.1998-1002.10) shall also be located on an accessible route (compliant with ANSI A117.1-1998-1002.3 and 1002.4) with minimum thirty-six inch interior doors (compliant with ANSI A117.1-1998-404). All interior door hardware shall be lever hardware (compliant with ANSI A117.1-1998-404.2.7).”; and


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


         Representative Purgason raised a point of order that House Amendment No. 7 to Part II goes beyond the scope of the bill.


         The Chair ruled the point of order untimely.


         Representative Sager moved that House Amendment No. 7 to Part II be adopted.


         Which motion was defeated by the following vote:





AYES: 069

 

 

 

 

 

 

 

 

 

Barnitz

Bishop

Bland

Boykins

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

El-Amin

Fraser

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hoskins

Hubbard

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

Lawson

LeVota

Liese

Lowe

McKenna

Meiners

Muckler

Page

Ransdall

Sager

Schoemehl

Seigfreid

Selby

Shoemaker

Shoemyer

Skaggs

Spreng

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Willoughby

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

 

 

 

 

 

 

NOES: 085

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Bean

Behnen

Bivins

Black

Bough

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Davis 19

Dethrow

Dixon

Dusenberg

Emery

Engler

Ervin

Fares

Goodman

Guest

Hobbs

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lembke

Lipke

Luetkemeyer

Marsh

May

Mayer

Merideth

Miller

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Pratt

Purgason

Quinn

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Self

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Threlkeld

Townley

Viebrock

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Madam Speaker

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

ABSENT WITH LEAVE: 009                                                                                                                                                                     

 

 

 

 

 

Abel

Adams

Bearden

Deeken

Dempsey

Holand

Johnson 61

Portwood

Salva

 

 

 

 

 

 

         On motion of Representative Johnson (47), Part II of HS HB 197, as amended, was adopted.


         On motion of Representative Johnson (47), HS HB 197, as amended, was ordered perfected and printed.


COMMITTEE REPORTS


         Committee on Agriculture, Chairman Myers reporting:


         Madam Speaker: Your Committee on Agriculture, to which was referred HB 464, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Corrections and State Institutions, Chairman Kelly (144) reporting:


         Madam Speaker: Your Committee on Corrections and State Institutions, to which was referred HB 477, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Education, Chairman Cunningham (86) reporting:


         Madam Speaker: Your Committee on Education, to which was referred HB 189, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Health Care Policy, Chairman Holand reporting:


         Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 465, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Local Government, Chairman Johnson (47) reporting:


         Madam Speaker: Your Committee on Local Government, to which was referred HB 244, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred HB 326, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred HB 351, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred HB 375, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred HB 388, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred HB 463, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred HB 472, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Committee on Small Business, Chairman St. Onge reporting:


         Madam Speaker: Your Committee on Small Business, to which was referred HB 512, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Tax Policy, Chairman Cooper (120) reporting:


         Madam Speaker: Your Committee on Tax Policy, to which was referred HB 57, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Tax Policy, to which was referred HB 60, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:


         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 478, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.

 

House Committee Amendment No. 1


AMEND House Bill No. 478, Page 2, Section 301.3131, Line 21, by inserting at the end of said line the following:


             "Notwithstanding the provisions of section 301.144, no additional fee shall be charged for the personalization of license plates pursuant to this section."; and


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


         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 505, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


MESSAGES FROM THE SENATE


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SB 34, entitled:


         An act to amend chapter 188, RSMo, by adding thereto one new section relating to informed consent to an abortion.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 54, entitled:


         An act to repeal sections 301.147 and 307.366 as enacted by conference committee substitute for senate committee substitute for house committee substitute for house bills nos. 603, 722 and 783, ninetieth general assembly, first regular session, 307.366 as enacted by conference committee substitute for house substitute for senate substitute for senate committee substitute for senate bill no. 19, ninetieth general assembly, first regular session, 643.310 and 643.315, RSMo, and to enact in lieu thereof four new sections relating to motor vehicles.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 321, entitled:


         An act to repeal section 217.730, RSMo, and to enact in lieu thereof one new section relating to voter registration information given upon discharge of an offender.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 355, entitled:


         An act to repeal section 301.020, RSMo, and to enact in lieu thereof one new section relating to the organ donor program, with penalty provisions.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 356, entitled:


         An act to repeal section 302.171, RSMo, and to enact in lieu thereof one new section relating to organ donations.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 423, entitled:


         An act to amend chapter 227, RSMo, by adding thereto one new section relating to the Trooper Jimmie Linegar Memorial Highway.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 426, entitled:


         An act to repeal section 105.267, RSMo, and to enact in lieu thereof one new section relating to public officers and employees.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 456, entitled:


         An act to repeal section 87.182, RSMo, and to enact in lieu thereof one new section relating to firemen’s retirement systems, with an emergency clause.


         Emergency clause adopted.


         In which the concurrence of the House is respectfully requested.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 478, entitled:


         An act to repeal sections 327.401, 327.411, and 337.030, RSMo, and to enact in lieu thereof four new sections relating to professional licensing.


         In which the concurrence of the House is respectfully requested.


LETTER OF OBJECTION


March 11, 2003


We, the undersigned object to HCS HBs 109 & 34 being placed on the Consent Calendar. We believe this bill to be controversial.


/s/ Rep. Dennis F. Wood   Dist. 62

/s/ Rep. Larry Taylor         Dist. 68

/s/ Rep. B. J. Marsh           Dist. 136

/s/ Rep. Curt Dougherty     Dist. 53

/s/ Rep. Fred Kratky          Dist. 65


CONFERENCE COMMITTEE REPORT

ON

SENATE COMMITTEE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NO. 15


         The Conference Committee appointed on Senate Committee Substitute for House Committee Substitute for House Bill No. 15 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:


         1.           That the Senate recede from its position on Senate Committee Substitute for                         House Committee Substitute for House Bill No. 15.


         2.           That the House recede from its position on House Committee Substitute for                         House Bill No. 15.


         3.           That the attached Conference Committee Substitute for House Bill No. 15, be                         truly agreed to and finally passed.


         FOR THE SENATE:                                                    FOR THE HOUSE:

 

         /s/ Sen. John T. Russell                                                 /s/ Rep. Carl Bearden

         /s/ Sen. Chuck Gross                                                     /s/ Rep. Brad Lager

         /s/ Sen. Doyle Childers                                                 /s/ Rep. Brad Roark

         /s/ Sen. Wayne Goode                                                  /s/ Rep. Vicky Riback Wilson

         /s/ Sen. Maida Coleman                                                /s/ Rep. Marsha Campbell


ADJOURNMENT


         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Wednesday, March 12, 2003.


CORRECTION TO THE HOUSE JOURNAL

 

AFFIDAVIT


I, State Representative Rod Jetton, District 156, hereby state and affirm that my vote as recorded on Page 604 of the House Journal for Monday, March 10, 2003 showing that I voted absent with leave was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.


IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 11th day of March 2003.


                                                                                      /s/ Rod Jetton

                                                                                           State Representative


State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 11th day of March in the year 2003.


                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk


COMMITTEE MEETINGS


BUDGET

Wednesday, March 12, 2003, 8:00 a.m. Hearing Room 3.

Mark-up. Executive Session may follow.

Public Hearing to be held on: HB 1, HB 2, HB 3, HB 4, HB 5, HB 6, HB 7,

HB 8, HB 9, HB 10, HB 11, HB 12, HB 13, SB 299

Executive Session to be held on: HB 341


BUDGET

Wednesday, March 12, 2003, 7:30 p.m. Hearing Room 3.

Mark-up. Executive Session may follow.

Public Hearing to be held on: HB 1, HB 2, HB 3, HB 4, HB 5, HB 6, HB 7,

HB 8, HB 9, HB 10, HB 11, HB 12, HB 13


BUDGET

Thursday, March 13, 2003. Hearing Room 3 upon afternoon adjournment.

Mark-up. Executive Session may follow.

Public Hearing to be held on: HB 1, HB 2, HB 3, HB 4, HB 5, HB 6, HB 7,

HB 8, HB 9, HB 10, HB 11, HB 12, HB 13


BUDGET

Friday, March 14, 2003, 8:30 a.m. Hearing Room 3.

Mark-up. Executive Session may follow.

Public Hearing to be held on: HB 1, HB 2, HB 3, HB 4, HB 5, HB 6, HB 7,

HB 8, HB 9, HB 10, HB 11, HB 12, HB 13


CONSERVATION AND NATURAL RESOURCES

Wednesday, March 12, 2003, 12:00 p.m. Hearing Room 5.

Public Hearing to be held on: HB 386, HB 442, HB 447

Executive Session to be held on: HB 182, HJR 7


CORRECTIONS AND STATE INSTITUTIONS

Wednesday, March 12, 2003. Hearing Room 7.

Hearing will begin at 5:00 p.m. or upon evening adjournment. AMENDED NOTICE

Public Hearing to be held on: HB 572, HCR 18

Executive Session to be held on: HB 356, HB 407


EDUCATION

Wednesday, March 12, 2003, 5:00 p.m. Hearing Room 5.

Possible Executive Session.

Public Hearing to be held on: HB 76, HB 385, HB 489, HB 602


HEALTH CARE POLICY

Wednesday, March 12, 2003, 5:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 432, HB 455, HB 534, HB 536, SB 266

Executive Session to be held on: HB 282


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, March 12, 2003, 12:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 409, HCR 9


JUDICIARY

Wednesday, March 12, 2003, 12:00 pm. Hearing Room 1. AMENDED NOTICE

Public Hearing to be held on: HB 318, HB 430, HB 482, HB 552,

HB 599, HB 603, HB 613

Executive Session to be held on: HB 318, HB 427, HB 430, HB 482,

HB 552, HB 599, HB 603, HB 613


JUDICIARY

Wednesday, March 12, 2003, 7:30 p.m. Hearing Room 1.

Executive Session may follow on HB 468.

Committee may take up business not completed at noon meeting.

Public Hearing to be held on: HB 468



LOCAL GOVERNMENT

Thursday, March 13, 2003, 8:30 a.m. Hearing Room 6.

Executive Session may follow. AMENDED NOTICE #2

Public Hearing to be held on: HB 293, HB 591, HJR 19, SB 232, SB 234


RETIREMENT

Thursday, March 13, 2003, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

Public Hearing to be held on: HB 583


RULES

Thursday, March 13, 2003, 8:30 a.m. Hearing Room 5. AMENDED NOTICE

Executive Session may follow.

Public Hearing to be held on: HR 314, HR 388, HR 576, HR 580


SMALL BUSINESS

Wednesday, March 12, 2003, 12:00 p.m. Hearing Room 4.

Executive Session may follow.

Public Hearing to be held on: HB 561


TRANSPORTATION AND MOTOR VEHICLES

Wednesday, March 12, 2003, 12:00 p.m. Hearing Room 7.

Possible Executive Session.

Public Hearing to be held on: HB 334, HB 491, HB 551, HB 594, HB 597, HB 598


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, March 12, 2003, 12:00 p.m. House Lounge. Executive session.


HOUSE CALENDAR


THIRTY-SIXTH DAY, WEDNESDAY, MARCH 12, 2003


HOUSE JOINT RESOLUTIONS FOR SECOND READING


HJR 22 and HJR 23


HOUSE BILLS FOR SECOND READING


HB 640 through HB 652


HOUSE BILLS FOR PERFECTION


HCS HB 156, HS, as amended, pending - Phillips

HCS HB 132, 173, 117 & 48 - Wright

HCS HB 257 - Munzlinger

HCS HB 322 - Baker

HCS HB 410 - Schaaf

HCS HB 144 - Luetkemeyer

HCS HB 346 & 174 - Dempsey

HB 511 - Deeken

HB 267 - Smith (118)

HCS HB 215, 218, 115 & 83 - Myers

HCS HB 190 & 214 - Fares

HCS HB 51 - Mayer

HCS HB 387 - Pearce

HCS HB 554 - Engler

HCS HB 109 & 34 - Fares


HOUSE BILL FOR PERFECTION - INFORMAL


HB 157 - Johnson (90)


HOUSE BILLS FOR PERFECTION - CONSENT


         (3-10-03)


HCS HB 93 - Moore

HB 99 - Seigfreid

HCS HB 133 - Willoughby

HB 162 - Shoemaker (8)

HB 199 - Jolly

HB 246 - Bishop

HB 284 - Crawford

HB 307 - Merideth

HCS HB 332 - Portwood

HCS HB 348 & 347 - Dempsey

HB 358 - Boykins

HCS HB 431 - Stevenson

HB 440 - Portwood


         (3-11-03)


HB 141 - Mayer

HB 249, HCA 1 - Seigfreid

HB 251, HCA 1 - Smith (118)

HB 261, HCA 1 - Whorton

HB 327, HCA 1 - Lipke

HCS HB 371 - Dusenberg

HB 376 - Cooper (120)

HCS HB 392 - Avery

HCS HB 394 - Byrd

HCS HB 493 - Bruns

HB 553 - Smith (14)

HB 574 - Jackson

HB 521 - Dethrow

HCS HB 97 - Johnson (90)


         (3-12-03)


HB 189 - Parker

HB 244 - Baker

HB 326 - Wagner

HB 351 - Quinn

HB 375 - Cooper (120)

HB 388 - Riback Wilson (25)

HB 463 - King

HB 465 - Hanaway

HCS HB 472 - Johnson (47)

HB 477 - Moore

HB 478, HCA 1 - Moore

HB 505 - Byrd

HB 512 - Cooper (120)

HB 464 - King

HB 60 - Sutherland

HB 57 - Riback Wilson (25)


HOUSE BILLS FOR THIRD READING


HCS HB 222, (Budget 3-04-03) - Luetkemeyer

HCS HB 289 - Dempsey

HS HCS HB 517, 94, 149, 150 & 342, E.C. (Budget 3-10-03) - Portwood


HOUSE BILLS FOR THIRD READING - CONSENT


HCS HB 181 - Seigfreid

HB 187 - Cooper (120)

HB 208 - Engler

HB 286 - Bearden

HCS HB 245 - Marsh

HCS HB 59 & 269 - Johnson (61)

HCS HB 202, E.C. - Portwood

HB 247 - Ward

HCS HB 253 - Shoemaker (8)

HCS HB 277 - Wright

HB 278 - Davis (19)

HB 292 - Wagner

HB 314 - Engler


SENATE BILLS FOR SECOND READING


SS SB 34

SB 54

SB 321

SB 355

SB 356

SB 423

SB 426

SB 456

SCS SB 478


BILL IN CONFERENCE


CCR SCS HCS HB 15 - Bearden