Journal of the House

First Regular Session, 92nd General Assembly

FORTY-FIFTH DAY, Wednesday, April 2, 2003

         Representative Hunter in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, our Helper and Sustainer, it is written, “the fear of the Lord is the instruction of wisdom and before honor is humility”. Even so may we receive instruction of wisdom as we conduct ourselves humbly before You.

          May our decisions be based on Your wisdom. May we function as one great assembly accomplishing what is necessary for this great state. Give us wisdom beyond ourselves.

          Heavenly Father, grant us insight to overcome unrealistic expectations resulting in frustration, guilt or anger. May we not give in to the pressures to perform, but yield to Your truth and Your way.

          We would be remiss if we did not join in the celebration of the rescue of Jessica Lynch and the release of the four journalists. Thank You for answered prayers.

          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: Adrienne Meyer, Tony Filla, Maddi Avery, Kurt Steinke, Maddie Stevenson, Caleb Messer and Drew Ireland.

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

         Speaker Hanaway assumed the Chair.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 1267

                     and

House Resolution No. 1268 - Representative Lager

House Resolution No. 1269 - Representative Deeken

House Resolution No. 1270

                     through

House Resolution No. 1272 - Representative Hunter

House Resolution No. 1273 - Representatives Munzlinger and Quinn

House Resolution No. 1274

                     through

House Resolution No. 1287 - Representative Bruns

         House Resolution No. 1288 - Representative George

         House Resolution No. 1289 - Representative Black

         House Resolution No. 1290

                     and

House Resolution No. 1291 - Representative Villa

House Resolution No. 1292 - Representative Vogt

         House Resolution No. 1293 - Representative Munzlinger

         House Resolution No. 1294 - Representative Wilson (119)

         House Resolution No. 1295 - Representative Schaaf

         House Resolution No. 1296 - Representative Guest

House Resolution No. 1297 - Representative Viebrock

House Resolution No. 1298 - Representatives Viebrock and Holand

         House Resolution No. 1299 - Representative Barnitz

         House Resolution No. 1300

                     and

         House Resolution No. 1301 - Representative Johnson (61)

INTRODUCTION OF HOUSE BILLS

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

HB 715, introduced by Representatives Bruns and Deeken, relating to the family development account program.

HB 716, introduced by Representative Behnen, relating to the poet laureate of the state.

HB 717, introduced by Representative Behnen, relating to Missouri Physicians Mutual Insurance Company Act.

HB 718, introduced by Representatives Schaaf, Lipke, Kingery, May, Guest, St. Onge, Shoemaker (8), Bruns, Hobbs, Deeken, Goodman, Stevenson, Wood, Dixon and Cooper (155), et al, relating to the Missouri catalog of assistance programs.

SECOND READING OF HOUSE BILLS

         HB 711 through HB 714 were read the second time.

SECOND READING OF SENATE BILLS

         SCS SB 73, SB 93, SB 165, SB 204, SCS SB 295, SCS SB 358, SCS SB 373, SB 399, SB 407, SB 425, SB 431, SB 480, SB 492, SB 506, SB 519, SB 529, SB 534, SCS SB 547, SB 548, SB 571, SB 607, SB 616 and SB 618 were read the second time.

PERFECTION OF HOUSE BILL

         HB 511, with HS, as amended, pending, relating to elections, was taken up by Representative Deeken.

         Representative Johnson (90) offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Bill No. 511, Page 73, Section 116.025, Line 22, by inserting after the word "approve" the words "or disapprove"; and

           Further amend title, enacting clause and intersectional references accordingly.

         Representative Purgason assumed the Chair.

         On motion of Representative Johnson (90), House Amendment No. 12 was adopted.

         Representative Donnelly offered House Amendment No. 13.

House Amendment No. 13

AMEND House Substitute for House Bill No. 511, Page 70, Section 115.430, Lines 9-11, by deleting said lines and inserting in lieu thereof the following:

           "closing the polls in section 115.407, may vote and such ballot shall be separated and held apart from other ballots cast by".

         Representative Donnelly moved that House Amendment No. 13 be adopted.

         Which motion was defeated by the following vote:

         Representative Johnson (90) offered House Amendment No. 14.

House Amendment No. 14

AMEND House Substitute for House Bill No. 511, Section 115.027, Page 3, Lines 18-25, and Page 4, Lines 1-18, by deleting all of said lines; and

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

         Representative Hunter resumed the Chair.

         Representative Johnson (90) moved that House Amendment No. 14 be adopted.

         Which motion was defeated by the following vote:

         On motion of Representative Deeken, HS HB 511, as amended, was adopted.

         On motion of Representative Deeken, HS HB 511, as amended, was ordered perfected and printed.

         HB 267, relating to county government, was taken up by Representative Smith (118).

         Representative Smith (118) offered HS HB 267.

         Representative Smith (118) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 267, Page 3, Section 49.650, Line 6, by adding after the period, the following:

          "If any such ordinance, order or resolution conflicts with a municipal ordinance, the municipal ordinance provisions shall prevail within the corporate boundaries of the municipality.".

         On motion of Representative Smith (118), House Amendment No. 1 was adopted.

         Representative Rector offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 267, by inserting in the appropriate location the following:

          "137.082. 1. Notwithstanding the provisions of sections 137.075 and 137.080, to the contrary, a building or other structure classified as residential property pursuant to section 137.016, newly constructed and occupied on any parcel of real property shall be assessed and taxed on such assessed valuation as of the first day of the month following the date of occupancy for the proportionate part of the remaining year at the tax rates established for that year, in all taxing jurisdictions located in the county adopting this section as provided in subsection 8 of this section. Newly constructed residential property which has never been occupied shall not be assessed as improved real property until such occupancy or the first day of January of the second year following the year in which construction of the improvements was completed.

          2. The assessor may consider a property residentially occupied upon personal verification or when any two of the following conditions have been met:

          (1) An occupancy permit has been issued for the property;

          (2) A deed transferring ownership from one party to another has been filed with the recorder of deeds' office subsequent to the date of the first permanent utility service;

          (3) A utility company providing service in the county has verified a transfer of service for property from one party to another;

          (4) The person or persons occupying the newly constructed property has registered a change of address with any local, state or federal governmental office or agency.

          3. In implementing the provisions of this section, the assessor may use occupancy permits, building permits, warranty deeds, utility connection documents, including telephone connections, or other official documents as may be necessary to discover the existence of newly constructed properties. No utility company shall refuse to provide verification monthly to the assessor of a utility connection to a newly occupied single family building or structure.

          4. In the event that the assessment under subsections 1 and 2 of this section is not completed until after the deadline for filing appeals in a given tax year, the owner of the newly constructed property who is aggrieved by the assessment of the property may appeal this assessment the following year to the county board of equalization in accordance with chapter 138, RSMo, and may pay any taxes under protest in accordance with section 139.031, RSMo. The collector shall impound such protested taxes and shall not disburse such taxes until resolution of the appeal.

          5. The increase in assessed valuation resulting from the implementation of the provisions of this section shall be considered new construction and improvements under the provisions of this chapter.

          6. In counties which adopt the provisions of subsections 1 to 7 of this section, an amount not to exceed ten percent of all ad valorem property tax collections on newly constructed and occupied residential property allocable to each taxing authority within counties of the first classification having a population of nine hundred thousand or more, one-tenth of one percent of all ad valorem property tax collections allocable to each taxing authority within all other counties of the first classification other than any county of the first classification with more than eighty-two thousand but less than eighty-two thousand one hundred inhabitants and one-fifth of one percent of all ad valorem property tax collections allocable to each taxing authority within counties of the second, third and fourth classifications and any county of the first classification with more than eighty-two thousand but less than eighty-two thousand one hundred inhabitants, in addition to the amount prescribed by section 137.720 shall be deposited into the assessment fund of the county for collection costs.

          7. For purposes of figuring the tax due on such newly constructed residential property, the assessor or the board of equalization shall place the full amount of the assessed valuation on the tax book upon the first day of the month following occupancy. Such assessed valuation shall be taxed for each month of the year following such date at its new assessed valuation, and for each month of the year preceding such date at its previous valuation. The percentage derived from dividing the number of months at which the property is taxed at its new valuation by twelve shall be applied to the total assessed valuation of the new construction and improvements, and such product shall be included in the next year's base for the purposes of figuring the next year's tax levy rollback. The untaxed percentage shall be considered as new construction and improvements in the following year and shall be exempt from the rollback provisions.

          8. Subsections 1 to 7 of this section shall be effective in those counties including any city not within a county in which the governing body of such county elects to adopt a proposal to implement the provisions of subsections 1 to 7 of this section. Such subsections shall become effective in such county on the first day of January of the year following such election.

          9. In any county which adopts the provisions of subsections 1 to 7 of this section prior to the first day of June in any year pursuant to subsection 8 of this section, the assessor of such county shall, upon application of the property owner, remove on a pro rata basis from the tax book for the current year any residential real property improvements destroyed by a natural disaster if such property is unoccupied and uninhabitable due to such destruction. On or after the first day of June, the board of equalization shall perform such duties. Any person claiming such destroyed property shall provide a list of such destroyed property to the county assessor. The assessor shall have available a supply of appropriate forms on which the claim shall be made. The assessor may verify all such destroyed property listed to ensure that the person made a correct statement. Any person who completes such a list and, with intent to defraud, includes property on the list that was not destroyed by a natural disaster shall, in addition to any other penalties provided by law, be assessed double the value of any property fraudulently listed. The list shall be filed by the assessor, after he has provided a copy of the list to the county collector and the board of equalization, in the office of the county clerk who, after entering the filing thereof, shall preserve and safely keep them. If the assessor, subsequent to such destruction, considers such property occupied as provided in subsection 2 of this section, the assessor shall consider such property new construction and improvements and shall assess such property accordingly as provided in subsection 1 of this section. For the purposes of this section, the term "natural disaster" means any disaster due to natural causes such as tornado, fire, flood, or earthquake.

          10. Any political subdivision may recover the loss of revenue caused by subsection 9 of this section by adjusting the rate of taxation, to the extent previously authorized by the voters of such political subdivision, for the tax year immediately following the year of such destruction in an amount not to exceed the loss of revenue caused by this section."; and

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

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

         Representative Seigfreid offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 267, Page 5, Section 49.650, Line 6 of said page, by inserting after all of said line the following:

          "67.1775. 1. The governing body of a city not within a county, or any county of [the first classification with a charter form of government with a population not less than nine hundred thousand inhabitants, or any county of the first classification with a charter form of government with a population not less than two hundred thousand inhabitants and not more than six hundred thousand inhabitants, or any noncharter county of the first classification with a population not less than one hundred seventy thousand and not more than two hundred thousand inhabitants, or any noncharter county of the first classification with a population not less than eighty thousand and not more than eighty-three thousand inhabitants, or any third classification county with a population not less than twenty-eight thousand and not more than thirty thousand inhabitants, or any county of the third classification with a population not less than nineteen thousand five hundred and not more than twenty thousand inhabitants] this state may, after voter approval pursuant to this section, levy a sales tax not to exceed one-quarter of a cent in the county for the purpose of providing services described in section 210.861, RSMo, including counseling, family support, and temporary residential services to persons nineteen years of age or less. The question shall be submitted to the qualified voters of the county at a county or state general, primary or special election upon the motion of the governing body of the county or upon the petition of eight percent of the qualified voters of the county determined on the basis of the number of votes cast for governor in such county at the last gubernatorial election held prior to the filing of the petition. The election officials of the county shall give legal notice as provided in chapter 115, RSMo. The question shall be submitted in substantially the following form:

          Shall ............ County be authorized to levy a sales tax of ............ (not to exceed one-quarter of a cent) in the county for the purpose of establishing a community children's services fund for the purpose of providing services to protect the well-being and safety of children and youth nineteen years of age or less and to strengthen families?

                                             ☐ Yes                                              ☐ No

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall be levied and collected as otherwise provided by law. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not be levied unless and until the question is again submitted to the qualified voters of the county and a majority of such voters are in favor of such a tax, and not otherwise.

          2. All revenues generated by the tax prescribed in this section shall be deposited in the county treasury to the credit of a special "Community Children's Services Fund". Such fund shall be administered by a board of directors, established pursuant to section 210.861, RSMo."; and

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

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

         Representative Daus offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 267, Page 5, Section 49.650, Line 6, by adding after said line one new subsection to be known as subsection "4" and to read as follows:

          "4. The power authorized by this section shall not permit the adoption of ordinances, resolutions or regulations which affect entities licensed or regulated by the state or federal government.".

         Representative Daus moved that House Amendment No. 4 be adopted.

         Which motion was defeated.

         On motion of Representative Smith (118), HS HB 267, as amended, was adopted.

         On motion of Representative Smith (118), HS HB 267, as amended, was ordered perfected and printed.

         HB 182, relating to the official state grass, was taken up by Representative May.

         Representative Purgason offered House Amendment No. 1.

         House Amendment No. 1 was withdrawn.

         Representative Sager offered House Amendment No. 2.

         House Amendment No. 2 was withdrawn.

         Representative Fraser offered House Amendment No. 3.

         House Amendment No. 3 was withdrawn.

         On motion of Representative May, HB 182 was ordered perfected and printed.

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 16, entitled:

         An act to repeal section 137.721, RSMo, relating to the percentage of ad valorem property tax collections to be deposited in county assessment funds, and to enact in lieu thereof one new section relating to the same subject.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 120, entitled:

         An act to repeal section 137.082, RSMo, relating to assessment of newly constructed property, and to enact in lieu thereof one new section relating to the same subject.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 180, entitled:

         An act to repeal section 105.269, RSMo, and to enact in lieu thereof one new section relating to retired teachers and administrators in urban school districts.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 351, entitled:

         An act to repeal section 194.220, RSMo, and to enact in lieu thereof one new section relating to health care.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 504, entitled:

         An act to repeal section 135.207, RSMo, and to enact in lieu thereof open one new section relating to satellite enterprise zones.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 513, entitled:

         An act to repeal section 84.140, RSMo, and to enact in lieu thereof one new section relating to paid vacation of St. Louis City police members.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 562, entitled:

         An act to authorize the conveyance of property owned by the state at the Missouri Eastern Correctional facility in the County of St. Louis to the City of Pacific.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 577, entitled:

         An act to authorize the governor to convey state property to the city of St. Joseph, Missouri.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 578, entitled:

         An act to authorize the governor to convey a tract of land owned by the state in the county of Platte.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 590, entitled:

         An act to repeal section 67.990, RSMo, and to enact in lieu thereof one new section relating to tax levy for services to the elderly.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 592, entitled:

         An act to repeal section 488.429, RSMo, and to enact in lieu thereof one new section relating to law library funds.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 621, entitled:

         An act to amend chapter 82, RSMo, by adding thereto one new section relating to removal of nuisances, with a termination date.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 632 & 644, entitled:

         An act to repeal section 162.700, RSMo, and to enact in lieu thereof one new section relating to the placement of certain special education pupils.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 635, entitled:

         An act to repeal sections 33.752, 207.060, 302.137, 650.005, and 660.010, RSMo, and to enact in lieu thereof five new sections relating to the reorganization of executive branch departments.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 642, entitled:

         An act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to inclement weather exceptions for mandatory days of school attendance, with an emergency clause.

         Emergency clause adopted.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 666, entitled:

         An act to amend chapter 162, RSMo, by adding thereto one new section relating to intra-school district transfer policies.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 676, entitled:

         An act to repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to exceptions to mandatory hours of school attendance, with an emergency clause.

         Emergency clause adopted.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 686, entitled:

         An act to repeal section 165.011, RSMo, and to enact in lieu thereof one new section relating to transfers from the capital projects fund to the incidental fund, with an emergency clause.

         Emergency clause adopted.

         In which the concurrence of the House is respectfully requested.

         On motion of Representative Engler, 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. 1302 - Representative Smith

House Resolution No. 1303 - Representative Munzlinger

House Resolution No. 1304

                     and

         House Resolution No. 1305 - Representative LeVota

         House Resolution No. 1306

                     and

House Resolution No. 1307 - Representative Donnelly

House Resolution No. 1308 - Representative Donnelly, et al

House Resolution No. 1309 - Representative Fares

House Resolution No. 1310 - Representatives Fares and Byrd

House Resolution No. 1311 - Representatives Fares and Donnelly

House Resolution No. 1312 - Representative Angst

House Resolution No. 1313

                     and

House Resolution No. 1314 - Representative Behnen

House Resolution No. 1315 - Representative Luetkemeyer

House Resolution No. 1316

                     through

House Resolution No. 1329 - Representatives Bivins and Schoemehl

House Resolution No. 1330

                     through

House Resolution No. 1343 - Representatives Yaeger and Lembke

House Resolution No. 1344

                     through

House Resolution No. 1357 - Representatives Bivins and Lembke

House Resolution No. 1358 - Representative Guest

         House Resolution No. 1359

                     through

House Resolution No. 1366 - Representative Hobbs

House Resolution No. 1367 - Representative Harris (23)

         House Resolution No. 1368 - Representative Hanaway

INTRODUCTION OF HOUSE BILLS

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

HB 719, introduced by Representative May, et al, relating to certain student financial assistance programs.

HB 720, introduced by Representative Merideth, relating to human resources.

HB 721, introduced by Representative Icet, relating to students admissible to the University of Missouri.

PERFECTION OF HOUSE BILLS

         HCS HBs 346 & 174, relating to the public school retirement systems, was taken up by Representative Dempsey.

         On motion of Representative Dempsey, HCS HBs 346 & 174 was adopted.

         Representative Johnson (90) suggested the absence of a quorum.

         The following roll call indicated a quorum present:

         On motion of Representative Dempsey, HCS HBs 346 & 174 was ordered perfected and printed.

         HB 668, with House Committee Amendment Nos. 1, 2, 3, 4, 5, 6, 7 & 8, relating to transportation accountability, was taken up by Representative Crawford.

         Representative Crawford offered HS HB 668.

         Representative Crawford offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 668, Page 3, Section 21.795, Lines 5 to 9, by deleting all of said lines and inserting in lieu thereof the following:

           "(a) State revenues by sources, amounts of federal revenues by"; and

           Further amend said bill, Page 7, Section 21.795, Lines 1 to 5, by deleting all of said lines and inserting in lieu thereof the following: "transportation revenues and expenditures;"; and

           Further amend said bill, Page 7, Section 21.795, Line 24, by deleting all of said line; and

           Further amend said bill, Page 8, Section 21.795, Lines 1 to 25, by deleting all of said lines; and

           Further amend said bill, Page 9, Section 21.795, Lines 1 to 8, by deleting all of said lines and inserting in lieu thereof the following:

           "7. The committee shall submit records of its meetings to"; and

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

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

         Representative Goodman offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 668, Pages 1-2, Section 21.795, Lines 20-21 on Page 1 and Line 1 on Page 2 by deleting in Line 20, Page 1, the word "seven" and inserting in lieu thereof the word "fourteen"; and

           Further amend by inserting in Line 21, Page 1, the word "seven" between the words "the" and "senate,"; and

           Further amend by inserting in Line 1, Page 2, the word "seven" between the words "the" and "house.".

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

         Representative St. Onge offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 668, Page 12, Section 226.030, Line 9, by inserting immediately after said line the following:

           "226.096 1. This section shall govern any controversy or claim to which the Missouri department of transportation is a party, that arises out of or relates to a contract awarded pursuant to subdivision (9) of subsection 1 of section 226.130 and the claim exceeds twenty-five thousand dollars. Provided a claim has been filed pursuant to the procedures set forth in the Missouri Standard Specifications for Highway Construction, or its successor, upon issuance of a final decision as provided in such standards or upon expiration of ninety days from the date the claim was filed, the controversy or claim shall upon written demand by any party to the contract, be settled by arbitration administered by the American Arbitration Association under its Construction Industry Arbitration Rules, except as provided herein. The highway and transportation commission shall promulgate rules pursuant to chapter 536, RSMo, to become effective on or before July 1, 2004, establishing a method for appointment of arbitrators and allowing for the mediation of claims upon agreement of both parties. Judgment upon awards rendered under arbitration shall be entered in the circuit court of Cole County, Missouri.

           2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonserverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2003, shall be invalid and void.".

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

         Representative Black offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 668, Page 12, Section 226.030, Line 9, by inserting after all of said line the following:

           "226.033. 1. Except as provided in subsection 3 of this section, a commission member, during his or her tenure, shall not directly or indirectly make any contribution to or hold any office in a political party or organization, or take part in any political campaign.

           2. If a commission member engages in any of the activities set forth in subsection 1 of this section, such activity shall be considered misconduct pursuant to section 226.030. If the governor finds that the commissioner's involvement in such activities affects the commissioner's ability to carry out his or her official duties in a nonpartisan manner, the governor may remove the offending commissioner from the commission.

           3. A commission member shall be permitted to contribute to political campaigns if the campaign is for elective office sought by a commission member's spouse or family member related within the second degree of consanguinity. In addition, a commission member may participate in a fund-raiser for that member's employer so long as such fund-raiser is not for political purposes."; and

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

         Representative Dempsey offered House Amendment No. 1 to House Amendment No. 4.

House Amendment No. 1

to

House Amendment No. 4

AMEND House Amendment No. 4 to House Substitute for House Bill No. 668, Page 1, Section 226.033, Line 16, by inserting after the words "to contribute to", the words "or take part in".

         On motion of Representative Dempsey, House Amendment No. 1 to House Amendment No. 4 was adopted.

         On motion of Representative Black, House Amendment No. 4, as amended, was adopted by the following vote:

         Representative Dempsey offered House Amendment No. 5.

         Representative Seigfreid raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

         The Chair ruled the point of order well taken.

         Representative Hunter resumed the Chair.

         Representative Henke offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Bill No. 668, Page 26, Section 226.199, Line 2, by inserting after said line the following:

           "Section 1. The Missouri department of transportation shall not employ or have a position of inspector general or any person who acts in the capacity as the inspector general with the function provided in section 226.194.".

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

         Representative Seigfreid offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Bill No. 668, Page 11, Section 226.030, Line 3, by deleting the word "fifteen" and inserting in lieu thereof the word "thirty"; and

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

         On motion of Representative Seigfreid, House Amendment No. 7 was adopted.

         Representative Johnson (90) offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Bill No. 668, Page 2, Section 21.795, Line 1, by inserting after the word "senate" the following: "and minority leader of the senate"; and

           Further amend said substitute, page and section, Line 2, by inserting after the word "representatives" the following: “and minority floor leader of the house of representatives".

         On motion of Representative Johnson (90), House Amendment No. 8 was adopted.

         Representative Willoughby offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Bill No. 668, Page 25, Section 226.199, Line 13, by deleting the word "person" and inserting in its place the following: "employee"; and

           Further amend said section, Line 16, by deleting the words "desired or" and inserting in its place the following: "reasonably".

         On motion of Representative Willoughby, House Amendment No. 9 was adopted.

         On motion of Representative Crawford, HS HB 668, as amended, was adopted.

         On motion of Representative Crawford, HS HB 668, as amended, was ordered perfected and printed by the following vote:

COMMITTEE REPORTS

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HS HCS HBs 517, 94, 149, 150 & 342 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

         Committee on Ethics, Chairman Crowell reporting:

         Madam Speaker: Your Committee on Ethics, to which was referred the 2^nd Congressional District 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

              House Ethics Committee

FROM: Representative Allen Icet

DATE:  February 20, 2003

RE:        2^nd Congressional District Caucus

Pursuant to Section 105.473.3(2)(c)d RSMo, 1998 and the rules of the Missouri House of Representatives, a listing of members of the 92^nd General Assembly House of Representatives 2^nd Congressional District Caucus is attached.

Please consider this letter a formal application to the Committee on Ethics to approve this caucus to be recognized as a duly filed and approved caucus of the General Assembly.

I will serve as the designated member to present this request to the Committee. Please contact me at (573)751-1247 if you have any questions.

/s/ Senator Chuck Gross - 23                          /s/ Senator John Loudon - 7

/s/ Senator Jon Dolan - 2                                /s/ Senator John Griesheimer - 26

/s/ Sherman Parker - 12                                  /s/ Jane Cunningham - 86

/s/ Scott T. Rupp - 13                                     /s/ Catherine Hanaway - 87

/s/ Joe Smith - 14                                            /s/ Neal St. Onge - 88

/s/ Carl Bearden - 16                                      /s/ Charles Portwood - 92

/s/ Vicki Schneider - 17                                  /s/ Jodi Stefanick - 93

/s/ Tom Dempsey - 18                                    /s/ Richard Byrd - 94 

/s/ Cynthia L. Davis - 19                                /s/ Jim Avery - 95

/s/ Allen Icet - 84                                            /s/ Walt Bivins - 97

/s/ Jack Jackson - 89

/s/ Annie Reinhart - 34

         Madam Speaker: Your Committee on Ethics, to which was referred the Faith and Family 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

FROM: Representative Rod Jetton

DATE:  January 24, 2003

RE:        Faith and Family Caucus

In accordance with Section 105.473.3(2)(c)d RSMo 2000, we are listing the following members of the General Assembly as members of the Faith and Family Caucus.

Representative                                District

/s/ Rod Jetton                                   156

/s/ Jason Crowell                              158

/s/ Carl Bearden                               16

/s/ Jack C. Jackson                           89

/s/ Charles Portwood                        92

/s/ Catherine L. Hanaway                 87

/s/ Dan F. Ward                                62

/s/ Mike Sager                                  48

/s/ Brian Munzlinger                        1

/s/ Annie Reinhart                            34

/s/ Brian Yates                                  56

/s/ Randy Angst                               146

/s/ Jim Avery                                    95

/s/ Allen Icet                                     84

/s/ Jay Wasson                                  141

/s/ Jason Brown                                30

/s/ Jim Viebrock                               134

/s/ Larry Crawford                           117

/s/ Mark Bruns                                 113

/s/ J.C. Kuessner                              152

/s/ Susan Phillips                              32

/s/ Doug Ervin                                  35

/s/ Steve Hobbs                                21

/s/ Roy W. Holand                           135

/s/ Cynthia Davis                              19

/s/ Rachel Bringer                            6

/s/ Kevin Wilson                              130

/s/ Scott Rupp                                   13

/s/ Frank Barnitz                              150

/s/ Ronnie Miller                              133

/s/ Therese Sander                            22

/s/ John Quinn                                  7

/s/ Mike Sutherland                          99

/s/ Bob Dixon                                   140

/s/ Ed Emery                                    126

/s/ Peter Myers                                 160

/s/ Brian Baker                                 123

/s/ Mike Cunningham                      145

/s/ Danie Moore                               20

/s/ Bob Behnen                                 2

/s/ Jim Lembke                                 85

         Madam Speaker: Your Committee on Ethics, to which was referred the Friends of CMSU Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

February 12, 2003

The Honorable Jason Crowell, Chair

House Committee on Ethics

Missouri House of Representatives

Jefferson City, MO 65101

Dear Representative Crowell:

Please accept the request of the undersigned Senators and Representatives to form the Friends of Central Missouri State University (CMSU) Caucus which will consist of the elected members of the General Assembly who are alumni and/or represent districts within the 21-county catchment area.

Sincerely,

/s/ Senator Harold Caskey, District 31                                        /s/ Senator Ronnie DePasco, District 11

/s/ Senator James L. Mathewson, District 21                              /s/ Senator Sarah Steelman, District 16

/s/ Representative Dan Bishop, District 38                                 /s/ Senator Charles Wheeler, District 10

/s/ Representative John Burnett, District 40                                /s/ Representative Brian Baker, District 123

/s/ Representative Larry Crawford, District 117                         /s/ Representative Mark Bruns, District 113

/s/ Representative D.J. Davis, District 122                                  /s/ Representative Shannon Cooper, District 120

/s/ Representative Kathlyn Fares, District 91                              /s/ Representative Gary Dusenberg, District 54

/s/ Representative Jenee Lowe, District 44                                 /s/ Representative Robert Johnson, District 47

/s/ Representative Kate Meiners, District 46                               /s/ Representative Gary Kelly, District 36

/s/ Representative Mike Sager, District 48                                  /s/ Representative Paul LeVota, District 52

/s/ Representative Todd Smith, District 118                               /s/ Representative Blaine Luetkemeyer, District 115

/s/ Representative Merrill Townley, District 112                        /s/ Representative David Pearce, District 121

/s/ Representative Maynard Wallace, District 143                      /s/ Representative Rex Rector, District 124

/s/ Representative Yvonne Wilson, District 42                           /s/ Representative Vicki Walker, District 50

/s/ Representative Terry Young, District 49                                /s/ Representative Larry Wilson, District 119

/s/ Representative Bryan Pratt, District 55                                  /s/ Representative Brian Yates, District 56

/s/ Representative Jim Seigfreid, District 26 

         Madam Speaker: Your Committee on Ethics, to which was referred the Missouri Democrats for Life Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

February 26, 2003

The Honorable Jason Crowell

Chairman, Ethics Committee

Missouri House of Representatives

201 W. Capitol Avenue

Jefferson City, MO 65101

Dear Representative Crowell:

          In accordance with Section 105.473.3(2)(c)d RSMo 2000, the rules of the Missouri House of Representatives, a listing of the House Caucus is as follows:

We request approval from the Ethics Committee for this caucus.

Missouri Democrats for Life Caucus

Representatives                              District

/s/ Frank A. Barnitz                          150

/s/ Rachel L. Bringer                        6

/s/ Curt Dougherty                           53

/s/ Tom George                                74

/s/ Mark Hampton                            147

/s/ Belinda Harris                             110

/s/ Wayne Henke                              11

/s/ Fred Kratky                                 65

/s/ Albert Liese                                 79

/s/ Ryan McKenna                           102

/s/ Kate Meiners                               46

/s/ Denny Meredith                          162

/s/ Matt Muckler                              70

/s/ Ray Salva                                    51

/s/ Sue Schoemehl                            100

/s/ Harold Selby                               105

/s/ Wes Shoemyer                            9

/s/ Mike Spreng                                76

/s/ Tom Villa                                    108

/s/ Pat Yaeger                                   96

/s/ J.C. Kuessner                              152

/s/ Wes Wagner                                104

/s/ Dan Ward                                    107

/s/ Gary Kelly                                   36

         Madam Speaker: Your Committee on Ethics, to which was referred the NCOIL 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

FROM:                Representative Dan Ward

DATE:                 23 January 2003

SUBJECT:          NCOIL (National Conference of Insurance Legislators) Caucus

In accordance with Section 105.473.3(2)(c)d and the rules of the Missouri House of Representatives, listing of the members of the 92^nd General Assembly House of Representatives and members of the 92^nd General Assembly State Senate NCOIL Caucus is attached.

Consider this letter a formal application to the Committee on Ethics to approve this caucus, the commonality of the attached representatives listed if you have any questions concerning the caucus organization. Rep. Dan Ward (Room 105a) (573-751-2317) will serve as the designated member to present this caucus to the Committee.

NCOIL

CAUCUS

/s/ Dan Ward - 107                                         /s/ Wes Wagner - 104

/s/ Al Liese - 79                                              /s/ Trent Skaggs - 31

/s/ Mike Daus - 67                                          /s/ Scott Rupp - 13

/s/ Sharon Sanders Brooks - 37                      /s/ Brad Roark - 139

/s/ Michael Vogt - 66                                      /s/ Larry Morris - 138

/s/ Ron Richard - 129                                     /s/ Larry D. Wilson - 119

/s/ Blaine Luetkemeyer - 115                         /s/ Tom Self - 116

/s/ Sherman Parker - 12                                  /s/ Bob Dixon - 140

/s/ Kevin Engler - 106                                    /s/ David Pearce - 121

/s/ Michael Spreng - 76

         Madam Speaker: Your Committee on Ethics, to which was referred the additions to Midnight Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

TO:                      Rep. Jason Crowell, Ethics Committee

FROM:                Rep. Jodi Stefanick

DATE:                 March 18, 2003

SUBJECT:          Additional members joining the Midnight Caucus

I respectfully add the following names to the Midnight Caucus. Thank you for your assistance.

NAME                                             DISTRICT

/s/ Bryan P. Stevenson                     128

/s/ Brian Baker                                 123

TO:                      Rep. Jason Crowell, Ethics Committee

FROM:                Rep. Jodi Stefanick

DATE:                 March 5, 2003

SUBJECT:          Additional members joining the Midnight Caucus

I respectfully add the following names to the Midnight Caucus. Thank you for your assistance.

NAME                                             DISTRICT

/s/ Paul LeVota                                52

/s/ Jim Viebrock                               134

/s/ Therese Sander                            22

/s/ Larry Taylor                                68

/s/ Rex Rector                                  124

/s/ Trent Skaggs                               31

/s/ Brian Munzlinger                        1

/s/ Marilyn Ruestman                       131

/s/ Kevin Wilson                              130

/s/ Wayne Cooper                            155

/s/ Charles Schlottach                       111

/s/ Jay Wasson                                  141

/s/ Joe Smith                                     14

         Madam Speaker: Your Committee on Ethics, to which was referred the additions to Missouri Sportmen’s 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, Ethics Committee

FROM: Representative Mark Hampton

RE:        Missouri Sportsmen’s Caucus

DATE:  February 26, 2003

I would like to add the following to the Missouri Sportsmen’s Caucus in accordance with Section 105.473.3(2)(c)d RSMo:

Representatives                              District

/s/ Catherine L. Hanaway                 87

/s/ Otto Bean, Jr.                              163

/s/ Michael G. Corcoran                   77

/s/ Thomas George                           74

/s/ Fred Kratky                                 65

/s/ Larry Wilson                               119

/s/ Kevin Wilson                              130

/s/ David Pearce                               121

/s/ Dan Ward                                    107

/s/ Jodi Stefanick                              93

         Madam Speaker: Your Committee on Ethics, to which was referred the additions to Missouri Winery Promotion 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

FROM:                Representative Dan Ward

DATE:                 20 February 2003

SUBJECT:          Missouri Winery Promotion Caucus

This is to request that Representative Gayle Kingery, District 154 be added to the Missouri Winery Promotion Caucus.

Your consideration is greatly appreciated.

February 20, 2003

The Honorable Dan Ward

Room 105A, State Capitol

Jefferson City, Missouri 65101

Dear Representative Ward:

This letter comes to request that my name be added to the Missouri Winery Promotion Caucus.

Thank you for your time and consideration in the matter.

Sincerely,

/s/ Gayle Kingery

State Representative

District 154

         Madam Speaker: Your Committee on Ethics, to which was referred the additions to Representatives Across Missouri Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

March 6, 2003

Honorable Dan Ward

State Representative, District 107

State Capitol, Room 105A

Jefferson City, MO 65101

Dear Dan:

Please consider this letter my request to be named as a member of the “Representatives Across the Missouri” Caucus.

Thank you.

Sincerely,

/s/ Mark Hampton

TO:                      Representative Jason Crowell

FROM:                Representative Dan Ward

DATE:                 10 March 2003

SUBJECT:          Representatives Across Missouri Caucus

This is to request that Representative Mark Hampton, be added to Representatives Across Missouri Caucus.

Your consideration is greatly appreciated.

         Madam Speaker: Your Committee on Ethics, to which was referred the additions to Small Business Caucus, begs leave to report it has examined the same and approves it pursuant to 105.473.3(2)(c)d RSMo.

February 25, 2003

Representative Brian Baker

State Capitol

Jefferson City, MO 65101

Dear Representative Baker:

I am requesting permission to join the Small Business Caucus. Your consideration of my request is most appreciated.

Sincerely,

/s/ J.C. Kuessner

February 26, 2003

Honorable Jason Crowell

Chairman, Ethics Committee

State Capitol, House Post Office

Jefferson City, MO 65101

Dear Representative Crowell,

Please add my name to the Small Business Caucus. I have discussed this with the Chairman, Brian Baker. Your consideration of this request is appreciated.

Sincerely,

/s/ Ron Richard

District 129

/s/ Brian Baker

District 135

         Madam Speaker: Your Committee on Ethics, to which was referred the additions to University of Missouri 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, Chair

              Ethics Committee

FROM: Representative Russ Carnahan

DATE:  February 20, 2003

RE:        University of Missouri Caucus

I would like to add the following members of the General Assembly as members of the University of Missouri Caucus in accordance with Section 105.473.3(2)(c)d RSMo 2000.

Representative                                  District

/s/ Dan Bishop                                 38

/s/ Catherine L. Hanaway                 87

TO:       Representative Jason Crowell, Chair

              Ethics Committee

FROM: Representative Russ Carnahan

DATE:  February 27, 2003