Journal of the House

First Regular Session, 92nd General Assembly

THIRTY-SIXTH DAY, Wednesday, March 12, 2003

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

           Heavenly Father, Loving and Kind, it is written, “the steps of a good man are ordered by the Lord and He delights in his way.” Even so establish our steps today; take pleasure in us as we yield to You.

           May each one of us be more committed to and assured of Your will for this state. Turn up the volume in us that we might hear You with greater clarity.

           May Your grace hover over the process and all the decisions being made throughout this session. Remove all that would obscure wisdom. Thank You for hearing us as we pray!

           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: Karson Holbrook, Kaidyn Holbrook, Kooper Holbrook, Kolton Holbrook, Caleb Messer, Joanna Clark, Greg Hughes, Chris Matthews, Gavin Taylor, Lauren Bird, Vernon Burns, Corby Cunningham, Courtney Vaughn, Serena Overly, Lisa Raffensperger, Harrison Smith, Lauren Tobin, Justin Funck, Katie Keim, Jack Reichenbach, Megan Kennedy and Kaitlyn Smyth.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 805 - Representatives Harris (110) and Kuessner

House Resolution No. 806 - Representative Moore

         House Resolution No. 807 - Representatives Cooper (120) and Crawford

         House Resolution No. 808 - Representative Lipke

         House Resolution No. 809 - Representative Abel

House Resolution No. 810

                        through 

House Resolution No. 812 - Representative Pratt

         House Resolution No. 813 - Representative Bishop

INTRODUCTION OF HOUSE BILLS

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

HB 653, introduced by Representatives Emery, Selby, Dusenberg, Shoemaker (8) and Wilson (119), et al, relating to alcohol- or drug-related offense records.

HB 654, introduced by Representatives Yates and Lager, relating to the reporting of certain types of wounds.

HB 655, introduced by Representatives Wilson (130), Schlottach, Wallace, Bough and Wilson (119), et al, relating to special education services.

HB 656, introduced by Representative May, relating to a summary of ethics, lobbying, and campaign finance laws.

HB 657, introduced by Representative May, relating to ethics.

HB 658, introduced by Representatives Brown, Schneider, Ervin, Reinhart, Morris, Baker, Pearce, Portwood, Schaaf, Munzlinger and Goodman, et al, relating to identity theft.

SECOND READING OF HOUSE JOINT RESOLUTIONS

         HJR 22 and HJR 23 were read the second time.

SECOND READING OF HOUSE BILLS

         HB 640 through HB 652 were read the second time.

SECOND READING OF SENATE BILLS

         SS SB 34, SB 54, SB 321, SB 355, SB 356, SB 423, SB 426, SB 456 and SCS SB 478 were read the second time.

PERFECTION OF HOUSE BILLS

         HCS HB 554, relating to school attendance, was taken up by Representative Engler.

         On motion of Representative Engler, HCS HB 554 was adopted.

         On motion of Representative Engler, HCS HB 554 was ordered perfected and printed.

         HCS HB 156, with HS, as amended, pending, relating to informed consent for abortion, was taken up by Representative Phillips.

         On motion of Representative Phillips, HS HCS HB 156, as amended, was adopted.

         Speaker Pro Tem Jetton assumed the Chair.

         On motion of Representative Phillips, HS HCS HB 156, as amended, was ordered perfected and printed.

         HCS HB 257, relating to tax credits, was taken up by Representative Munzlinger.

         Representative Munzlinger offered HS HCS HB 257.

         Speaker Hanaway resumed the Chair.

         Representative Myers offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 257, Page 11, Section 348.430, Lines 14 and 15 of said page, by deleting the words "shall initially" and inserting in lieu thereof the following: "[shall initially] may"; and

           Further amend said bill, Page 11, Section 348.430, Lines 16 and 17 of said page, by deleting all of said lines and inserting in lieu thereof the following:

           "contributes funds to the authority. [Any amount of credit that exceeds the tax due for a contributor's taxable year] Tax credits allowed pursuant to this section may immediately be carried back to any of the contributor's three prior tax years and may be"; and

           Further amend said bill, Page 15, Section 348.342, Line 24 of said page, by deleting the words "shall initially" and inserting in lieu thereof the following: "[shall initially] may"; and

           Further amend said bill, Page 16, Section 348.342, Lines 3 and 4 of said page, by deleting all of said lines and inserting in lieu thereof the following:

            "entity. [Any amount of credit that exceeds the tax due for a producer member's taxable year] Tax credits allowed pursuant to this section may be carried back to any of the"; and

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

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

         Representative Henke offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 257, Page 15, Section 3, Line 14, by inserting after the word “dollars” the following:

           “In any fiscal year in which the payments or grants authorized by Section 142.028 are not made or fully funded, any New Generation Cooperative Incentive Tax Credits issued after the end of such fiscal year to any producer member investing in a renewable fuel production facility shall be increased in a percentage equal to the Consumer Price Index as reported by the United States Department of Labor or three percent, whichever is greater.”.

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

            HCS HB 257, 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.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 814 - Representative Wilson (130), et al

House Resolution No. 815 - Representative Emery

         House Resolution No. 816 - Representative Phillips

House Resolution No. 817 - Representative Parker

House Resolution No. 818

                        through

House Resolution No. 821 - Representative Schaaf

House Resolution No. 822 - Representative Stevenson, et al

House Resolution No. 823 - Representative Luetkemeyer

         House Resolution No. 824 - Representative Schaaf

         House Resolution No. 825

                        and

         House Resolution No. 826 - Representative Kratky

         House Resolution No. 827 - Representative Behnen

INTRODUCTION OF HOUSE JOINT RESOLUTION

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

HJR 24, introduced by Representatives Crawford, Black, Brown, Hobbs, Schlottach, Sander, Ervin and Munzlinger, et al, relating to transportation revenues.

INTRODUCTION OF HOUSE BILLS

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

HB 659, introduced by Representative Luetkemeyer, relating to certification of individuals performing medical transport of persons for compensation.

HB 660, introduced by Representative Bringer, relating to nursing home districts.

HB 661, introduced by Representative Schaaf, relating to a sales tax for museums in certain counties.

HB 662, introduced by Representative Sutherland, relating to unlawful release of anhydrous ammonia.

HB 663, introduced by Representatives Lipke and Goodman, relating to intoxication-related traffic offenses.

HB 664, introduced by Representatives Rupp, Bruns, Davis (19), Schneider, Dempsey and Avery, et al, relating to a tax credit for time and services volunteered by doctors and dentists.

HB 665, introduced by Representatives Rupp, Cunningham (86), Bruns, Schneider and Bearden, et al, relating to applicants for higher education financial assistance.

HB 667, introduced by Representatives El-Amin, Hoskins, Wilson (42), Jones, Haywood, Thompson and Hubbard, et al, relating to civilian review boards.

HB 668, introduced by Representatives Crawford, Dusenberg, Black, Brown, Hobbs, Schlottach, Sander, Ervin and Quinn, et al, relating to the transportation accountability act.

HB 669, introduced by Representative Black, relating to endangering personnel.

PERFECTION OF HOUSE BILLS

         HCS HB 257, with HS, as amended, pending, relating to tax credits, was again taken up by Representative Munzlinger.

         On motion of Representative Munzlinger, HS HCS HB 257, as amended, was adopted.

         On motion of Representative Munzlinger, HS HCS HB 257, as amended, was ordered perfected and printed.

         HCS HB 322, relating to small businesses, was taken up by Representative Baker.

         Representative Baker offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 322, Page 4, Section 4, Line 32, by inserting the words:

           “A term shall be three years.” after the words “small business” and before “No member shall serve more than three consecutive terms.”.

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

         Representative Johnson (90) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 322, Page 6 and 7, Section 620.062, Lines 1-18, by deleting all of said lines; and

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

         Representative Johnson (90) moved that House Amendment No. 2 be adopted.

         Which motion was defeated by the following vote:

         Representative Purgason assumed the Chair.

         Representative Skaggs offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 322, Page 3, Section 4, Line 16, by deleting “confidentiality”.

         Speaker Pro Tem Jetton resumed the Chair.

         Representative Baker offered House Amendment No. 1 to House Amendment No. 3.

House Amendment No. 1

to

House Amendment No. 3

AMEND House Amendment No. 3 to House Committee Substitute for House Bill No. 322, Page 3, Section 620.056, Lines 15-16, by deleting same entirely and replacing the deleted text with the following:

          “enforcement of regulations by state regulatory agencies. The identity of small businesses providing any such input shall be kept confidential at such small business’ request.”.

         On motion of Representative Baker, House Amendment No. 1 to House Amendment No. 3 was adopted.

         On motion of Representative Skaggs, House Amendment No. 3, as amended, was adopted.

         Representative Willoughby offered House Amendment No. 4.

         House Amendment No. 4 was withdrawn.

         Representative Willoughby offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 322, Page 3, Section 620.054, Line 9, by deleting the words “testified at the hearing” and inserting in its place the following:

          “the names of individuals who testified at the public hearing, the business or organization of which they testified, and whether said individual testified in support, opposition, or neutral position, to the proposed rule,”; and

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

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

         On motion of Representative Baker, HCS HB 322, as amended, was adopted.

         On motion of Representative Baker, HCS HB 322, as amended, was ordered perfected and printed.

         HCS HB 410, relating to a substance abuse traffic offender program, was taken up by Representative Schaaf.

         On motion of Representative Schaaf, HCS HB 410 was adopted.

         On motion of Representative Schaaf, HCS HB 410 was ordered perfected and printed.

         HCS HB 144, relating to recreational facilities, was taken up by Representative Cooper (155).

         Representative Schaaf offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 144, Page 1, Section 67.2000, Line 9, by inserting immediately after the word "inhabitants" the following:

           ", or any county of the first classification with more than eighty-five thousand nine hundred but less than eighty-six thousand inhabitants"; and

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

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

         Representative Cooper (155) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 144, Page 3, Section 67.2000, Line 78, by deleting the words “by eminent domain”; and

          Further amend the said bill, Page 4, Section 67.2000, Lines 106-108, by deleting all of said lines; and

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

         On motion of Representative Cooper (155), House Amendment No. 2 was adopted.

         Speaker Hanaway resumed the Chair.

         Representative Richard offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 144, Page 1, Section 67.2000, Line 9, by inserting after the word “inhabitants” the following:

          “, or any county of the first classification without a charter form of government and with more than one hundred four thousand six hundred but less than one hundred four thousand seven inhabitants or any county of the second classification with more than fifty-two thousand six hundred but less than fifty-two thousand seven hundred inhabitants”; and

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

         Representative Johnson (90) offered House Amendment No. 1 to House Amendment No. 3.

House Amendment No. 1

to

House Amendment No. 3

AMEND House Amendment No. 3 to House Committee Substitute for House Bill No. 144, Page 1, Section 67.2000, Line 10, by adding after the comma the following:

          “or any county of the first classification without a charter form of government and with more than one hundred ninety-eight thousand but less than one hundred ninety-nine thousand two hundred inhabitants,”; and

          Further amend Page 1, Section 67.2000, Line 6, by inserting after the word “seven” the word “hundred”; and

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

         On motion of Representative Johnson (90), House Amendment No. 1 to House Amendment No. 3 was adopted.

         On motion of Representative Richard, House Amendment No. 3, as amended, was adopted.

         Representative Johnson (47) assumed the Chair.

         On motion of Representative Cooper (155), HCS HB 144, as amended, was adopted.

         On motion of Representative Cooper (155), HCS HB 144, as amended, was ordered perfected and printed.

THIRD READING OF HOUSE BILLS - CONSENT

         HCS HB 181, relating to tourism tax, was taken up by Representative Seigfreid.

         On motion of Representative Seigfreid, HCS HB 181 was read the third time and passed by the following vote:

         Representative Johnson (47) declared the bill passed.

         HB 187, relating to a special motorcycle license plate, was taken up by Representative Cooper (120).

         On motion of Representative Cooper (120), HB 187 was read the third time and passed by the following vote:

         Representative Johnson (47) declared the bill passed.

         HB 208, relating to consumer-owned electric corporations, was taken up by Representative Engler.

         On motion of Representative Engler, HB 208 was read the third time and passed by the following vote:

         Representative Johnson (47) declared the bill passed.

         HB 286, relating to federal hospital reimbursement, was taken up by Representative Bearden.

         On motion of Representative Bearden, HB 286 was read the third time and passed by the following vote:

         Representative Johnson (47) declared the bill passed.

         HCS HB 245, relating to a memorial highway, was taken up by Representative Marsh.

         On motion of Representative Marsh, HCS HB 245 was read the third time and passed by the following vote:

         Representative Johnson (47) declared the bill passed.

         Speaker Hanaway resumed the Chair.

         HCS HBs 59 & 269, relating to suicide prevention, was taken up by Representative Johnson (61).

         On motion of Representative Johnson (61), HCS HBs 59 & 269 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

         HCS HB 202, relating to the Missouri Calcium Initiative, was taken up by Representative Portwood.

         On motion of Representative Portwood, HCS HB 202 was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

         The emergency clause was defeated by the following vote:

         HB 247, relating to special mobile equipment, was taken up by Representative Ward.

         On motion of Representative Ward, HB 247 was read the third time and passed by the following vote: