First Regular Session, 92nd General Assembly
THIRTY-NINTH DAY, Monday, March 17, 2003
Speaker Hanaway in the Chair.
Prayer by Reverend Mark Kiekhaefer, Grace Evangelical Free Church.
Most High God.
Your dominion is eternal, Your kingdom endures from generation to generation. We, the people of the earth, are regarded as nothing before You. You do as You please with the powers of heaven and the peoples of the earth. (Daniel 4:34-35)
I come before You this day to pray for these elected representatives of Missouri... 1) May they be examples of righteousness for the people of our state.
2) Grant them divine wisdom for their deliberations this day.
3) May Your justice be advanced in our communities as a result of their work.
4) May we all be restrained from doing anything that would hinder Your purposes.
5) May there be humility, respect and peace in working toward solutions for the issues before this body.
We bring before Your throne the physical needs of those we care about, and especially remember Your servant David Buescher and ask You to extend Your healing hand to him.
We are mindful too of the clouds of war that are on the horizon for our nation. We ask You, the Prince of Peace, to bring about a lasting peace in our days. Even now we lift our voices and plead for a resolution that avoids armed conflict. If the fighting begins, we ask for Your protection over - all American and allied soldiers and the people in Iraq. May the unjust be removed, the wicked brought to judgment. (Psalm 10:15 paraphrase) and may peace and liberty be established in that land we pray.
And so, I commit these requests to You and ask for Your favor upon us this day.
In the name of my Lord, Jesus. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Caroline Krewson.
The Journal of the thirty-seventh day was approved as corrected.
The Journal of the thirty-eighth day was approved as printed.
HOUSE RESOLUTION
Representative St. Onge offered House Resolution No. 887.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 854 - Representative Moore
House Resolution No. 855 - Representative Salva
House Resolution No. 856 - Representative Vogt
House Resolution No. 857 - Representative Henke
House Resolution No. 858 - Representative Haywood
House Resolution No. 859 - Representative Angst
House Resolution No. 860 - Representative Liese
House Resolution No. 861
and
House Resolution No. 862 - Representative Cooper (120)
House Resolution No. 863 - Representative Munzlinger
House Resolution No. 864
through
House Resolution No. 866 - Representative Luetkemeyer
House Resolution No. 867 - Representative Johnson (90)
House Resolution No. 868
through
House Resolution No. 870 - Representative Moore
House Resolution No. 871
through
House Resolution No. 873 - Representative Deeken
House Resolution No. 874
through
House Resolution No. 878 - Representative Graham
House Resolution No. 879
and
House Resolution No. 880 - Representative Bruns
House Resolution No. 881 - Representative Harris (23)
House Resolution No. 882 - Representative Lembke
House Resolution No. 883 - Representative Wallace
House Resolution No. 884
and
House Resolution No. 885 - Representative Dougherty
House Resolution No. 886 - Representative Wildberger
House Resolution No. 888 - Representative Hanaway
House Resolution No. 889
through
House Resolution No. 892 - Representative Jones
House Resolution No. 893
through
House Resolution No. 896 - Representative Jackson
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 682, introduced by Representative Sager, et al, relating to public holidays.
HB 683, introduced by Representatives Sager and Walker, et al, relating to the designation of the month of March of each year for commemoration of Irish history.
HB 684, introduced by Representatives Jones and Crawford, relating to the operation of motor vehicles.
HB 685, introduced by Representatives Jones and Haywood, relating to cancellation or nonrenewal of insurance policies.
HB 686, introduced by Representatives Jones and Haywood, relating to election of school board members.
SECOND READING OF HOUSE BILL
HB 681 was read the second time.
PERFECTION OF HOUSE BILL
HCS HB 600, relating to the collection of taxes, was taken up by Representative Cooper (120).
Representative Cooper (120) offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 600, Page 9, Section 144.025, Line 37, by deleting the word “primarily”; and
Further amend said bill, Page 9, Section 144.025, Line 41, by inserting after said line the following:
“144.081. 1. The director of revenue, by regulation, may require a seller to timely remit the unpaid state sales tax for each quarter-monthly period, only if the seller's aggregate state sales tax was ten thousand dollars or more in each of at least six months during the prior twelve months. The term "state sales tax" as used in this section means the tax imposed by sections 144.010 to 144.510 and the additional sales tax imposed by sections 43(a) to 43(c) and 47(a) to 47(c) of article IV of the Missouri Constitution and does not include any sales taxes imposed by political subdivisions of the state pursuant to other provisions of law.
2. The director may increase the monthly requirement to more than ten thousand dollars or otherwise narrow the application of the quarter-monthly remittance system authorized by this section. The director may not require the remittance of state sales taxes more often than monthly unless authorized by this section.
3. A remittance shall be timely if mailed as provided in section 143.851, RSMo, within three banking days after the end of the quarter-monthly period or if received by the director or deposited in a depository designated by the director within four banking days after the end of the quarter-monthly period.
4. The unpaid amount shall be after a reduction for the compensation provided by section 144.140. The unpaid amount at the end of a quarter-monthly period shall not include unpaid amounts for a prior quarter-monthly period only if the seller made a remittance with respect to the prior quarter-monthly period. The excess, if any, of a remittance over the actual amount for a period shall be applied in order of time to each of the seller's succeeding remittances with respect to the same return period.
5. For purposes of this section, "quarter-monthly period" means:
(1) The first seven days of a calendar month;
(2) The eighth to fifteenth day of a calendar month;
(3) The sixteenth to twenty-second day of a calendar month; and
(4) The portion following the twenty-second of a calendar month.
6. (1) In the case of an underpayment of any amount required to be paid pursuant to this section, a seller shall be liable for a penalty in lieu of all other penalties, interest or additions to tax imposed by this chapter for violating this section. The penalty shall be five percent of the amount of the underpayment determined under subdivision (2) of this subsection.
(2) The amount of the underpayment shall be the excess of:
(a) Ninety percent of the unpaid amount at the end of a quarter-monthly period, over
(b) The amount, if any, of the timely remittance for the quarter-monthly period.
7. (1) The penalty with respect to any quarter-monthly period shall not be imposed if the seller's timely remittance for the quarter-monthly period equals or exceeds one-fourth of the average monthly state sales tax liability of the seller for the preceding calendar year. The month of highest liability and the month of lowest liability shall be excluded in computing the average. This subdivision shall apply only to a seller who had a state sales tax liability for at least six months of the previous calendar year.
(2) The penalty shall not be imposed if the seller establishes that the failure to make a timely remittance of at least ninety percent was due to reasonable cause, and not due to willful neglect.
(3) The penalty shall not be imposed against any seller for the first two months the seller is obligated to make quarter-monthly remittance of state sales taxes.
8. Tax amounts remitted under this section shall be treated as payments on the seller's monthly return required by sections 144.080 and 144.090. Tax amounts remitted under this section shall be deemed to have been paid on the last day prescribed for filing the return. The preceding sentence shall apply in computing compensation under section 144.140, interest, penalties and additions to tax and for purposes of all sections of this chapter, except this section.
9. The director of revenue may prescribe the use of an electronic funds payment system for the payment of sales and use taxes by any seller subject to the requirement of quarter-monthly remittance as provided in this section.”; and
Further amend said bill, Page 11, Section 2, Line 3, by deleting the words “tax returns and pay all state taxes” and inserting in lieu thereof the words “income tax returns and pay all state income taxes”; and
Further amend said bill, Page 11, Section 2, Line 8, by deleting the words “tax returns have been filed and all state” and inserting lieu thereof the words “income tax returns have been filed and all state income”; and
Further amend said bill, Page 11, Section 2, Line 9, by inserting after the word “state” the word “income”; and
Further amend said bill, Page 11, Section 2, Line 18, by deleting the words “tax returns have been filed and all state” and inserting lieu thereof the words “income tax returns have been filed and all state income”; and
Further amend said bill, Page 11, Section 2, Line 19, by inserting after the word “state” the word “income”; and
Further amend said bill, Page 12, Section 2, Line 29, by deleting the words “tax returns have been filed and all state” and inserting lieu thereof the words “income tax returns have been filed and all state income”; and
Further amend said bill, Page 12, Section 2, Line 30, by inserting after the word “state” the word “income”; and
Further amend said bill, Page 12, Section 2, Line 39, by deleting the words “tax returns have been filed and all state” and inserting lieu thereof the words “income tax returns have been filed and all state income”; and
Further amend said bill, Page 12, Section 2, Line 40, by inserting after the word “state” the word “income”; and
Further amend said bill, Page 12, Section 3, Line 3, by inserting after the first occurrence of the word “state” the word “income”; and
Further amend said bill, Page 12, Section B, Line 5, by inserting after the word “approval” the word “or on July 1, 2003, whichever later occurs”; and
Further amend the title, enacting clause, and intersectional references accordingly.
On motion of Representative Cooper (120), House Amendment No. 1 was adopted.
Representative Johnson (47) offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 600, by inserting in the appropriate location the following:
"144.190. 1. If a tax has been incorrectly computed by reason of a clerical error or mistake on the part of the director of revenue, such fact shall be set forth in the records of the director of revenue, and the amount of the overpayment shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.525, and the balance shall be refunded to the person legally obligated to remit the tax, such person's administrators or executors, as provided for in section 144.200.
2. If any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected, or has been erroneously or illegally computed, such sum shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.525, and the balance, with interest as determined by section 32.065, RSMo, shall be refunded to the person legally obligated to remit the tax, but no such credit or refund shall be allowed unless duplicate copies of a claim for refund are filed within three years from date of overpayment.
3. If any tax was paid more than once, or was incorrectly collected or computed, such sum shall be credited on any taxes due from the person legally obligated to remit the tax pursuant to this chapter, or refunded, with interest as determined by section 32.065, RSMo, to the person legally obligated to remit the tax if duplicate copies of a claim for refund are filed within three years from the date of overpayment and:
(1) The person legally obligated to remit the tax demonstrates to the satisfaction of the director of revenue that all incorrectly collected or computed amounts were or will be refunded or credited to every purchaser that originally paid the tax; or
(2) The person legally obligated to remit the tax submits to the director amended sales tax returns showing the correct amount of gross receipts for each reporting period originally filed and proves to the director's satisfaction that the tax originally reported and remitted to the director was paid by such person claiming the refund or credit and was not collected from purchasers; or
(3) The person legally obligated to remit the tax submits a plan between the person and the director to generally refund the amount of overpayment in equal installations to the person's future customers by a mutually agreed to distribution of a fixed value coupon to the customers.
4. Every claim for refund must be in writing and signed by the applicant, and must state the specific grounds upon which the claim is founded. Any refund or any portion thereof which is erroneously made, and any credit or any portion thereof which is erroneously allowed, may be recovered in any action brought by the director of revenue against the person legally obligated to remit the tax. In the event that a tax has been illegally imposed against a person legally obligated to remit the tax, the director of revenue shall authorize the cancellation of the tax upon the director's record. [4.] 5. Notwithstanding the provisions of this section, the director of revenue shall authorize direct-pay agreements to purchasers which have annual purchases in excess of seven hundred fifty thousand dollars pursuant to rules and regulations adopted by the director of revenue. For the purposes of such direct-pay agreements, the taxes authorized pursuant to chapters 66, 67, 70, 92, 94, 162, 190, 238, 321, and 644, RSMo, shall be remitted based upon the location of the place of business of the purchaser.
[5.] 6. Special rules applicable to error corrections requested by customers of mobile telecommunications service are as follows:
(1) For purposes of this subsection, the terms "customer", "home service provider", "place of primary use", "electronic database", and "enhanced zip code" shall have the same meanings as defined in the Mobile Telecommunications Sourcing Act incorporated by reference in section 144.013;
(2) Notwithstanding the provisions of this section, if a customer of mobile telecommunications services believes that the amount of tax, the assignment of place of primary use or the taxing jurisdiction included on a billing is erroneous, the customer shall notify the home service provider, in writing, within three years from the date of the billing statement. The customer shall include in such written notification the street address for the customer's place of primary use, the account name and number for which the customer seeks a correction of the tax assignment, a description of the error asserted by the customer and any other information the home service provider reasonably requires to process the request;
(3) Within sixty days of receiving the customer's notice, the home service provider shall review its records and the electronic database or enhanced zip code to determine the customer's correct taxing jurisdiction. If the home service provider determines that the review shows that the amount of tax, assignment of place of primary use or taxing jurisdiction is in error, the home service provider shall correct the error and, at its election, either refund or credit the amount of tax erroneously collected to the customer for a period of up to three years from the last day of the home service provider's sixty-day review period. If the home service provider determines that the review shows that the amount of tax, the assignment of place of primary use or the taxing jurisdiction is correct, the home service provider shall provide a written explanation of its determination to the customer."; and
Further amend said title, enacting clause and intersectional references accordingly.
Speaker Pro Tem Jetton assumed the Chair.
Representative Shoemyer (9) offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 600, Page 9, Section 144.025, Line 41, by inserting after said line the following:
“144.190. 1. If a tax has been incorrectly computed by reason of a clerical error or mistake on the part of the director of revenue, such fact shall be set forth in the records of the director of revenue, and the amount of the overpayment shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.525, and the balance shall be refunded to the person legally obligated to remit the tax, such person's administrators or executors, as provided for in section 144.200.
2. If any tax, penalty or interest has been paid more than once, or has been erroneously or illegally collected, or has been erroneously or illegally computed, such sum shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.510, and the balance, with interest as determined by section 32.065, RSMo, shall be refunded to the person legally obligated to remit the tax, but no such credit or refund shall be allowed unless duplicate copies of a claim for refund are filed within three years from date of overpayment.
3. Except as provided in subsection 6 of this section, if any tax was paid more than once, was incorrectly collected, or was incorrectly computed, such sum shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.510, or refunded, with interest as determined by section 32.065, RSMo, to the person legally obligated to remit the tax, only if duplicate copies of a claim for refund are filed within three years from date of overpayment and:
(1) Where the claim for refund is over one thousand dollars, the person legally obligated to remit the tax demonstrates to the satisfaction of the director of revenue that all incorrectly collected or incorrectly computed amounts were or will be refunded or credited to every purchaser that originally paid the tax;
(2) Refunds under one thousand dollars may not exceed one thousand dollars in the aggregate over any five year time frame; or
(3) In lieu of subdivisions (1) and (2) of this subsection and regardless of the amount of refund claimed, the person legally obligated to remit the tax submits to the director amended sales tax returns showing the correct amount of gross receipts for each reporting period originally filed and proves to the director's satisfaction that the tax originally reported and remitted to the director was paid by such person claiming the refund or credit and was not collected from purchasers.
4. Every claim for refund must be in writing and signed by the applicant, and must state the specific grounds upon which the claim is founded. Any refund or any portion thereof which is erroneously made, and any credit or any portion thereof which is erroneously allowed, may be recovered in any action brought by the director of revenue against the person legally obligated to remit the tax. In the event that a tax has been illegally imposed against a person legally obligated to remit the tax, the director of revenue shall authorize the cancellation of the tax upon the director's record.
[4.] 5. Notwithstanding the provisions of this section, the director of revenue shall authorize direct-pay agreements to purchasers which have annual purchases in excess of seven hundred fifty thousand dollars pursuant to rules and regulations adopted by the director of revenue. For the purposes of such direct-pay agreements, the taxes authorized pursuant to chapters 66, 67, 92 and 94, RSMo, shall be remitted based upon the location of the place of business of the purchaser.
6. All new revenues resulting from the enactment of this section shall be deposited in the state school moneys trust fund as provided in section 163.031, RSMo.
7. In lieu of subsection 3 of this section, if any tax was paid more than once, was incorrectly collected, or was incorrectly computed, such sum shall be credited on any taxes then due from the person legally obligated to remit the tax pursuant to sections 144.010 to 144.510, or refunded, with interest as determined by section 32.065, RSMo, to the person legally obligated to remit the tax, only if duplicate copies of a claim for refund are filed within three years from date of overpayment and the person legally obligated to remit the tax submits a plan between the person and the director to generally refund the amount of overpayment in equal installations to future customers of the person by mutually agreed to distribution of a fixed value coupon to such customers.”; and
Further amend the title, enacting clause, and intersectional references accordingly.
Representative Seigfreid offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2.
House Amendment No. 1
to
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Substitute Amendment No. 1 for House Amendment No. 2 to House Committee Substitute for House Bill No. 600, Page 3, Section 144.190, Subsection 7, by deleting all of Subsection 7.
Representative Johnson (47) raised a point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2 is in the third degree.
The Chair ruled the point of order not well taken.
Representative Seigfreid moved that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated.
Speaker Hanaway resumed the Chair.
Representative Shoemyer (9) moved that House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated by the following vote:
AYES: 067 |
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Abel |
Barnitz |
Behnen |
Bishop |
Bland |
Bringer |
Brooks |
Burnett |
Campbell |
Carnahan |
Corcoran |
Curls |
Darrough |
Daus |
Davis 122 |
Donnelly |
Dougherty |
El-Amin |
Fraser |
George |
Graham |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hoskins |
Hubbard |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kuessner |
LeVota |
Liese |
Lowe |
McKenna |
Meiners |
Merideth |
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 |
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NOES: 090 |
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Angst |
Avery |
Baker |
Bean |
Bearden |
Bivins |
Black |
Bough |
Brown |
Bruns |
Byrd |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Goodman |
Guest |
Hobbs |
Holand |
Hunter |
Icet |
Jackson |
Jetton |
Kelly 36 |
King |
Kingery |
Lager |
Lembke |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
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 |
Zweifel |
Madam Speaker |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 006 |
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Adams |
Boykins |
Green |
Kelly 144 |
Kratky |
Lawson |
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Representative Seigfreid offered House Amendment No. 1 to House Amendment No. 2.
House Amendment No. 1 to House Amendment No. 2 was withdrawn.
House Amendment No. 2 was withdrawn.
Representative Salva offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 600, Page 5, Section 143.124, Line 83, by inserting after the word “income”, the following:
“This section shall not apply to any individual who qualifies under federal guidelines to be 100% disabled.”.
Speaker Pro Tem Jetton resumed the Chair.
On motion of Representative Salva, House Amendment No. 3 was adopted by the following vote:
AYES: 153 |
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Abel |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Bringer |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
George |
Goodman |
Guest |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 36 |
King |
Kingery |
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 |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sager |
Salva |
Sander |
Schaaf |
Schlottach |
Schneider |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
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 |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 010 |
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Adams |
Boykins |
Graham |
Green |
Holand |
Kelly 144 |
Kratky |
Lawson |
Ransdall |
Sutherland |
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On motion of Representative Cooper (120), HCS HB 600, as amended, was adopted by the following vote:
AYES: 097 |
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Angst |
Avery |
Baker |
Barnitz |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Brown |
Bruns |
Byrd |
Campbell |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Darrough |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Fraser |
Goodman |
Guest |
Haywood |
Hilgemann |
Hobbs |
Holand |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
King |
Kingery |
Lager |
Lembke |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
Merideth |
Miller |
Moore |
Morris |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Rector |
Reinhart |
Richard |
Roark |
Rupp |
Sager |
Sander |
Schaaf |
Schlottach |
Schneider |
Self |
Smith 118 |
Smith 14 |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Viebrock |
Wallace |
Wasson |
Wilson 119 |
Wilson 130 |
Wilson 25 |
Wright |
Yaeger |
Yates |
Zweifel |
Madam Speaker |
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NOES: 058 |
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Abel |
Bean |
Bishop |
Bland |
Bringer |
Brooks |
Burnett |
Carnahan |
Corcoran |
Curls |
Daus |
Davis 122 |
Dougherty |
El-Amin |
George |
Graham |
Hampton |
Harris 110 |
Harris 23 |
Henke |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 36 |
Kuessner |
LeVota |
Liese |
Lowe |
McKenna |
Meiners |
Muckler |
Ransdall |
Salva |
Schoemehl |
Seigfreid |
Selby |
Shoemaker |
Shoemyer |
Skaggs |
Spreng |
Thompson |
Townley |
Villa |
Vogt |
Wagner |
Walker |
Walsh |
Walton |
Ward |
Whorton |
Wildberger |
Willoughby |
Wilson 42 |
Witte |
Young |
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PRESENT: 001 |
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Wood |
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ABSENT WITH LEAVE: 007 |
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Adams |
Boykins |
Green |
Kelly 144 |
Kratky |
Lawson |
Ruestman |
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On motion of Representative Cooper (120), HCS HB 600, as amended, was ordered perfected and printed by the following vote:
AYES: 098 |
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Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Brown |
Bruns |
Byrd |
Campbell |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Darrough |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Fraser |
Goodman |
Guest |
Hilgemann |
Hobbs |
Holand |
Hunter |
Icet |
Jackson |
Jetton |
Johnson 47 |
Kelly 36 |
King |
Kingery |
Lager |
Lembke |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
Merideth |
Miller |
Moore |
Morris |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sager |
Sander |
Schaaf |
Schlottach |
Schneider |
Self |
Smith 14 |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Viebrock |
Wallace |
Wasson |
Wildberger |
Wilson 119 |
Wilson 130 |
Wilson 25 |
Wright |
Yates |
Zweifel |
Madam Speaker |
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NOES: 057 |
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Abel |
Bishop |
Bland |
Bringer |
Brooks |
Burnett |
Carnahan |
Corcoran |
Curls |
Daus |
Davis 122 |
Dougherty |
El-Amin |
George |
Graham |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kuessner |
LeVota |
Liese |
Lowe |
McKenna |
Meiners |
Muckler |
Ransdall |
Salva |
Schoemehl |
Seigfreid |
Selby |
Shoemaker |
Shoemyer |
Skaggs |
Spreng |
Thompson |
Townley |
Villa |
Vogt |
Wagner |
Walker |
Walsh |
Walton |
Ward |
Whorton |
Willoughby |
Wilson 42 |
Witte |
Yaeger |
Young |
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PRESENT: 001 |
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Wood |
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ABSENT WITH LEAVE: 007 |
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Adams |
Boykins |
Green |
Kelly 144 |
Kratky |
Lawson |
Smith 118 |
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RE-REFERRAL OF HOUSE BILL
The following House Bill was re-referred to the Committee indicated:
HB 647 - Tax Policy
COMMITTEE REPORT
Committee on Ethics, Chairman Crowell reporting:
Madam Speaker: Your Committee on Ethics, to which was referred the Joint Irish Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.
TO: Representative Jason Crowell, Chairman
FROM: Representative Mike Sager
DATE: March 11, 2003
RE: Joint Irish Caucus
In accordance with Section 105.473.3(2)(c)d and the Rules of the Missouri House of Representatives, a listing of the members of the 92nd General Assembly’s Joint Irish Caucus is attached.
Please consider this letter a formal application to your Committee to review this caucus.
House Members District
/s/ Representative Mike Sager 48
/s/ Representative John Burnett 40
/s/ Representative Russ Carnahan 59
/s/ Representative Mike Corcoran 77
/s/ Representative Curt Dougherty 53
/s/ Representative Tom George 74
/s/ Representative Tom Green 15
/s/ Representative Gary Kelly 36
/s/ Representative Albert Liese 79
/s/ Representative Sam Page 82
/s/ Representative Dan Ward 107
/s/ Representative Bruce Darrough 75
/s/ Representative Ryan McKenna 102
/s/ Representative Michael Spreng 76
/s/ Representative Margaret Donnelly 73
/s/ Representative Gina Walsh 69
/s/ Representative Barbara Fraser 83
/s/ Representative Sue Schoemehl 100
/s/ Representative Jack Jackson 89
/s/ Representative Catherine Hanaway 87
/s/ Representative Paul LeVota 52
/s/ Representative Patricia Yaeger 96
/s/ Representative Richard Byrd 94
/s/ Representative Bryan Pratt 55
/s/ Representative Belinda Harris 110
Senate Members District
/s/ Senator Norma Champion 30
/s/ Senator Jon Dolan 2
/s/ Senator Patrick Dougherty 4
/s/ Senator Michael Gibbons 15
/s/ Senator Wayne Goode 13
/s/ Senator Harry Kennedy 3
/s/ Senator Sarah Steelman 16
/s/ Senator Charles Wheeler 10
/s/ Senator Anita Yeckel 1
Speaker Hanaway resumed the Chair.
On motion of Representative Crowell, the House recessed until all House Substitutes to the appropriation bills have been distributed.
The hour of recess having expired, the House was called to order by Representative Crowell.
ADJOURNMENT
On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, March 18, 2003.
CORRECTIONS TO THE HOUSE JOURNAL
AFFIDAVITS
I, State Representative Kathlyn Fares, District 91, hereby state and affirm that my vote as recorded on Page 688 of the House Journal for Thursday, March 13, 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 17th day of March 2003.
/s/ Kathlyn Fares
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 17th day of March in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Mike Sager, District 48, hereby state and affirm that my vote as recorded on Page 678 of the House Journal for Thursday, March 13, 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 17th day of March 2003.
/s/ Mike Sager
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 17th day of March in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
COMMITTEE MEETINGS
AGRICULTURE
Tuesday, March 18, 2003, 12:00 p.m. Hearing Room 1.
Possible Executive Session.
Public Hearing to be held on: HB 457, HB 494, HB 555
BUDGET
Tuesday, March 18, 2003, 8:00 a.m. Hearing Room 3.
Fiscal Review. Executive Session may follow.
Public Testimony will not be taken.
Public Hearing to be held on: HB 222, HB 228, HB 517
CHILDREN AND FAMILIES
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 1. AMENDED NOTICE
Executive Session may follow.
Public Hearing to be held on: HB 679
COMMUNICATIONS, ENERGY AND TECHNOLOGY
Tuesday, March 18, 2003, 12:00 p.m. Hearing Room 5.
Possible Executive Session.
Public Hearing to be held on: SB 297
CONSERVATION AND NATURAL RESOURCES
Wednesday, March 19, 2003, 12:00 p.m. Hearing Room 5.
Executive Session may follow.
Public Hearing to be held on: HB 447, HJR 20
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 3.
Executive Session may follow.
Public Hearing to be held on: HB 227, HB 411, HB 538, HB 539, HB 567, HB 656
Executive Session to be held on: HB 471
EDUCATION
Wednesday, March 19, 2003, 5:00 p.m. Hearing Room 3.
Possible Executive Session.
Public Hearing to be held on: HB 45, HB 262, HB 384, HB 423
ELECTIONS
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 7.
Executive Session will precede the hearing.
Public Hearing to be held on: HB 544, HB 577, HB 657
Executive Session to be held on: HB 537, SB 29, SB 50
ETHICS
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 4.
Executive Session may follow. Approval of Caucuses.
FINANCIAL SERVICES
Tuesday, March 18, 2003, 12:00 p.m. Hearing Room 6.
Possible Executive Session on HB 559.
Public Hearing to be held on: HB 259, HB 460, HB 532, HB 560, HB 616
HOMELAND SECURITY AND VETERANS AFFAIRS
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 5. AMENDED NOTICE
Executive Session may follow.
Public Hearing to be held on: HB 632, HCR 19, SB 325
JOB CREATION AND ECONOMIC DEVELOPMENT
Wednesday, March 19, 2003, 12:00 p.m. Hearing Room 6.
Public Hearing to be held on: HB 569
Executive Session to be held on: HCR 9
JOINT COMMITTEE ON LEGISLATIVE RESEARCH
Wednesday, March 19, 2003, 8:00 a.m. Hearing Room 5.
Testimony from witnesses regarding agency directives.
Witnesses will be posted Monday, March 17, 2003.
JUDICIARY
Wednesday, March 19, 2003, 12:00 p.m. Hearing Room 1.
Public Hearing to be held on: HB 105, HB 500, HB 547, HB 593, HJR 11
LOCAL GOVERNMENT
Thursday, March 20, 2003, 8:30 a.m. Hearing Room 6.
Executive Session may follow.
Public Hearing to be held on: HB 578, HB 627, SB 235, SB 239
PROFESSIONAL REGISTRATION AND LICENSING
Tuesday, March 18, 2003, 12:00 p.m. Hearing Room 4.
Public Hearing to be held on: HB 562, HB 596
SENIOR SECURITY
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 6.
Executive Session may follow.
Public Hearing to be held on: HB 540, SB 391
SMALL BUSINESS
Wednesday, March 19, 2003, 12:00 p.m. Hearing Room 4.
Executive Session may follow.
Public Hearing to be held on: HB 549, SB 194
SPECIAL COMMITTEE ON GENERAL LAWS
Wednesday, March 19, 2003, 8:00 a.m. Hearing Room 7. AMENDED NOTICE
Public Hearing to be held on: HB 628, SB 296
SPECIAL COMMITTEE ON URBAN ISSUES
Tuesday, March 18, 2003, 5:00 p.m. Hearing Room 2.
Executive Session may follow.
Public Hearing to be held on: HB 340, HB 607, HB 640
TAX POLICY
Tuesday, March 18, 2003, 12:00 p.m. Hearing Room 7.
Executive Session may follow. AMENDED NOTICE
Public Hearing to be held on: HB 110, HB 306, HB 449, HB 595, HJR 15, HJR 16
TOURISM AND CULTURAL AFFAIRS
Tuesday, March 18, 2003, 12:00 p.m. Hearing Room 3.
Executive Session may follow.
Public Hearing to be held on: HB 631
TRANSPORTATION AND MOTOR VEHICLES
Tuesday, March 18, 2003, 8:00 a.m. Hearing Room 6.
Public Hearing to be held on: HB 668, HJR 24, SB 117
TRANSPORTATION AND MOTOR VEHICLES
Wednesday, March 19, 2003, 8:00 a.m. Hearing Room 6.
Possible Executive Session. AMENDED NOTICE
Public Hearing to be held on: HB 611, HB 625, HB 626, HB 634, HB 668,
HJR 24, SB 4, SB 117, SB 216
HOUSE CALENDAR
FORTIETH DAY, TUESDAY, MARCH 18, 2003
HOUSE BILLS FOR SECOND READING
HB 682 through HB 686
HOUSE BILL FOR PERFECTION - APPROPRIATIONS
HCS HB 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12 - Bearden
HOUSE BILLS FOR PERFECTION
HCS HB 132, 173, 117 & 48 - Wright
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 109 & 34 - Fares
HCS HB 380 - Luetkemeyer
HCS HB 404, 324, 403, 344, 426 & 541 - Rector
HB 263 - Cooper (120)
HOUSE BILLS FOR PERFECTION - CONSENT
(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)
(3-13-03)
HCS HB 318 - Baker
HCS HB 427 - Byrd
HB 430 - Stevenson
HB 445 - Portwood
HB 491, HCA 1 - Rupp
HCS HB 575 - Dethrow
HB 594 - Emery
HB 597 - Schlottach
HB 598 - Schlottach
HCS HB 356 - Smith (118)
HB 407 - Smith (118)
HB 523 - Dusenberg
HB 552 - Kingery
HB 599 - Burnett
HCS HB 613 - Byrd
HOUSE BILLS FOR THIRD READING
HCS HB 222, (Budget 3-04-03) - Luetkemeyer
HS HCS HB 517, 94, 149, 150 & 342, E.C. (Budget 3-10-03) - Portwood
HS HCS HB 228, (Budget 3-12-03) - Pearce
HS HB 197, (Budget 3-12-03) - Johnson (47)
HCS HB 322, (Budget 3-12-03) - Baker
HCS HB 600, E.C. - Cooper (120)
HOUSE BILLS FOR THIRD READING - CONSENT
HCS HB 93, E.C. - 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
HB 141 - Mayer
HB 249 - Seigfreid
HB 251 - Smith (118)
HB 261 - Whorton
HB 327 - 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, E.C. - Johnson (90)
SENATE BILL FOR THIRD READING
SCS SB 299 & 40 - Bearden
BILL IN CONFERENCE
CCR SCS HCS HB 15 - Bearden
HOUSE RESOLUTIONS
HR 314, (3-13-03, Page 685) - Avery
HR 388, (3-13-03, Pages 685 & 686) - Lowe
HR 576, (3-13-03, Page 686) - Bivins
HR 580, (3-13-03, Page 686) - Deeken