Journal of the House


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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

NOES: 090

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 006                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Green

Kelly 144

Kratky

Lawson

 

 

 

 

 

 

 

 

 

         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

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 



ABSENT WITH LEAVE: 010                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Graham

Green

Holand

Kelly 144

Kratky

Lawson

Ransdall

Sutherland

 

 

 

 

 

         On motion of Representative Cooper (120), HCS HB 600, as amended, was adopted by the following vote:

 

AYES: 097

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

NOES: 058

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Wood

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Green

Kelly 144

Kratky

Lawson

Ruestman

 

 

 

 

         On motion of Representative Cooper (120), HCS HB 600, as amended, was ordered perfected and printed by the following vote:


AYES: 098

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

NOES: 057

 

 

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Wood

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Green

Kelly 144

Kratky

Lawson

Smith 118

 

 

 

 

 

 

 

 

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