Journal of the House


First Regular Session, 92nd General Assembly




SIXTY-FIFTH DAY, Tuesday, May 6, 2003


         Speaker Hanaway in the Chair.


         Prayer by Reverend James Earl Jackson.


          Heavenly Father, You have said, "The fear of the Lord is the beginning of wisdom." Help us to honor You this day that we might receive Your knowledge and instruction.


          Lord God, the events of the past few days cause us to turn our eyes and hearts toward home and family.


          We take a moment to particularly ask Your grace and mercy to cover Representative Ronnie Miller, his family and neighbors as well as all who are devastated by the loss of family and homes.


          May there be speedy relief given for disaster victims as well as comfort for grieving hearts. We remember Your Word, which says, "You are a very present help in time of trouble." May Your presence help them to overcome this traumatic experience.


          Omniscient Father, only with You is true wisdom. Help us to know Your ways. Have mercy on us to make right decisions today.


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


          To You be the glory, both now and forever. 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: Paden John, Bradley Minor, Becky Wolverton, Rachel Backes, Jackie Akins, Andrew Huhmann, Don Bracht and Daniel Laurent.


         The Journal of the sixty-fourth day was approved as corrected by the following vote:


AYES: 090

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Barnitz

Bean

Bivins

Black

Bough

Brown

Bruns

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Green

Guest

Hobbs

Holand

Hoskins

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lawson

Lembke

Liese

Luetkemeyer

Marsh

May

Mayer

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Quinn

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Self

Shoemaker

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Viebrock

Wagner

Wallace

Walton

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Young

Madam Speaker

 

 

 

 

 

NOES: 038

 

 

 

 

 

 

 

 

 

Bishop

Bland

Burnett

Campbell

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

George

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Johnson 61

Jones

LeVota

Lowe

Merideth

Muckler

Page

Ransdall

Sager

Schoemehl

Seigfreid

Selby

Villa

Vogt

Walker

Walsh

Ward

Wildberger

Wilson 25

Witte

Yaeger

Zweifel

 

 

 

 

 

 

 

PRESENT: 018

 

 

 

 

 

 

 

 

 

Boykins

Bringer

Brooks

Carnahan

Fraser

Hampton

Jolly

Kelly 36

Kratky

Kuessner

McKenna

Meiners

Salva

Shoemyer

Skaggs

Spreng

Whorton

Wilson 42

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 017                                                                                                                                                                     

 

 

 

 

 

Abel

Adams

Bearden

Behnen

Byrd

Goodman

Graham

Hubbard

Hunter

Johnson 90

Lipke

Miller

Purgason

Rector

Schneider

Smith 118

Willoughby

 

 

 

 

 

 

 

 

MOTION


            Representative Crowell moved that Rule 113 be suspended in order to receive guests for special recognition.


            Which motion was adopted by the following vote:

            

AYES: 132

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Barnitz

Bean

Bivins

Black

Bland

Bough

Boykins

Brown

Bruns

Campbell

Carnahan

Cooper 120

Cooper 155

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

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Holand

Hoskins

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

Liese

Lipke

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Moore

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Quinn

Ransdall

Reinhart

Richard

Roark

Ruestman

Rupp

Salva

Sander

Schaaf

Schlottach

Schoemehl

Seigfreid

Self

Shoemaker

Shoemyer

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Sutherland

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Wasson

Wilson 119

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

NOES: 004

 

 

 

 

 

 

 

 

 

Bishop

Brooks

Selby

Wildberger

 

 

 

 

 

 

PRESENT: 007

 

 

 

 

 

 

 

 

 

Bringer

Burnett

Corcoran

LeVota

Sager

Skaggs

Whorton

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 020                                                                                                                                                                     

 

 

 

 

 

Abel

Adams

Bearden

Behnen

Byrd

Goodman

Graham

Hubbard

Hunter

Johnson 90

Lowe

Miller

Purgason

Rector

Schneider

Stevenson

Taylor

Wallace

Willoughby

Wilson 130

 

 

 

 

 

SPECIAL RECOGNITION


            Doris Handy was introduced by Representative Moore and recognized as an Outstanding Missourian.


            Howard Chrisco was introduced by Representative May and recognized as an Outstanding Missourian.

 HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

House Resolution No. 2483 - Representative Rupp

House Resolution No. 2484 - Representative Donnelly

House Resolution No. 2485 - Representative Munzlinger

            House Resolution No. 2486 - Representatives Stevenson and Richard

            House Resolution No. 2487 - Representatives George and Walsh

House Resolution No. 2488 - Representatives Rector and Davis (122)

House Resolution No. 2489 - Representatives Rector and Sager

House Resolution No. 2490 - Representatives Rector and Yates

House Resolution No. 2491 - Representatives Rector and Cooper (120)

 

 

House Resolution No. 2492

                        through

House Resolution No. 2499 - Representative Harris (110)

House Resolution No. 2500

                        through

House Resolution No. 2519 - Representative Moore

House Resolution No. 2520 - Representative Smith (118)

House Resolution No. 2521 - Representative Villa

            House Resolution No. 2522

                        through

            House Resolution No. 2535 - Representative LeVota

            House Resolution No. 2536 - Representative Harris (110)

 

SECOND READING OF SENATE BILL


            SB 236 was read the second time.


THIRD READING OF SENATE BILL


            HCS SB 521, relating to public works contracts, was taken up by Representative Mayer.


            HCS SB 521 was laid over.

 

MESSAGES FROM THE SENATE


            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HS HB 9, as amended, and grants the House a conference thereon.


            The President Pro Tem has appointed the following Conference Committee to act with a like committee from the House: Senators Russell, Gross, Shields, Goode and Dougherty.


            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HS HB 10, as amended, and grants the House a conference thereon.


            The President Pro Tem has appointed the following Conference Committee to act with a like committee from the House: Senators Russell, Gross, Shields, Goode and Dougherty.


            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HS HB 11, as amended, and grants the House a conference thereon.


            The President Pro Tem has appointed the following Conference Committee to act with a like committee from the House: Senators Russell, Gross, Shields, Goode and Dougherty.


            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HS HB 12, as amended, and grants the House a conference thereon.


            The President Pro Tem has appointed the following Conference Committee to act with a like committee from the House: Senators Russell, Gross, Shields, Goode and Dougherty.


APPOINTMENT OF CONFERENCE COMMITTEES


            The Speaker appointed the following Conference Committees to act with like committees from the Senate on the following bills:


SCS HS HB 9: Representatives Bearden, Lager, Moore, Kelly (36) and Ward

SCS HS HB 10: Representatives Bearden, Lager, Purgason, Riback Wilson (25) and Johnson (61)

SCS HS HB 11: Representatives Bearden, Lager, Purgason, Campbell and Brooks

SCS HS HB 12: Representatives Bearden, Lager, Roark, Donnelly and Bringer


MOTION


            Representative Bearden moved that Rule 23 be suspended to allow the House Budget Conferees to meet while the House is in session.


            Which motion was adopted by the following vote:

 

AYES: 117

 

 

 

 

 

 

 

 

 

Angst

Baker

Bean

Bearden

Behnen

Bivins

Black

Bough

Bringer

Brooks

Brown

Bruns

Byrd

Campbell

Cooper 120

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

Guest

Harris 110

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 90

Jolly

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

Liese

Lipke

Lowe

Marsh

May

Mayer

McKenna

Meiners

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Self

Shoemyer

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Wagner

Wallace

Walton

Wasson

Whorton

Wilson 119

Wilson 130

Wilson 25

Witte

Wood

Wright

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

NOES: 025

 

 

 

 

 

 

 

 

 

Bishop

Bland

Boykins

Burnett

Carnahan

Corcoran

Darrough

Daus

Graham

Green

Haywood

Henke

Hilgemann

Hoskins

Jones

LeVota

Merideth

Salva

Selby

Skaggs

Spreng

Vogt

Walker

Walsh

Yaeger

 

 

 

 

 

PRESENT: 003

 

 

 

 

 

 

 

 

 

George

Harris 23

Sager

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 018                                                                                                                                                                     

 

 

 

 

 

Abel

Adams

Avery

Barnitz

Cooper 155

Goodman

Hampton

Hubbard

Johnson 61

Luetkemeyer

Miller

Moore

Seigfreid

Shoemaker

Ward

Wildberger

Willoughby

Wilson 42

 

 

 

 

 

 

 

THIRD READING OF SENATE BILL


         HCS SB 521, was again taken up by Representative Mayer.


         Speaker Pro Tem Jetton assumed the Chair.


         Representative Crowell moved the previous question.


         Which motion was adopted by the following vote:


AYES: 089

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Bean

Bearden

Behnen

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

Guest

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lembke

Lipke

Luetkemeyer

Marsh

May

Mayer

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Self

Shoemaker

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Viebrock

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Madam Speaker

 

 

 

 

 

 

NOES: 069

 

 

 

 

 

 

 

 

 

Abel

Barnitz

Bishop

Bland

Boykins

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

El-Amin

Fraser

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hoskins

Johnson 61

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

Lawson

LeVota

Liese

Lowe

McKenna

Meiners

Merideth

Muckler

Page

Ransdall

Sager

Salva

Schoemehl

Seigfreid

Selby

Shoemyer

Skaggs

Spreng

Villa

Vogt

Wagner

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 005                                                                                                                                                                     

 

 

 

 

 

Adams

Goodman

Hubbard

Miller

Willoughby

 

 

 

 

 

            On motion of Representative Mayer, HCS SB 521 was adopted.


            On motion of Representative Mayer, HCS SB 521 was read the third time and passed by the following vote:


AYES: 083

 

Angst

Avery

Bean

Bearden

Behnen

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

Guest

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Lager

Lipke

Luetkemeyer

Marsh

May

Mayer

Moore

Morris

Munzlinger

Myers

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Self

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Threlkeld

Townley

Viebrock

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Madam Speaker

 

 

NOES: 068

 

Abel

Baker

Barnitz

Bishop

Bringer

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Davis 122

Donnelly

Dougherty

Fraser

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hoskins

Johnson 61

Johnson 90

Jolly

Jones

Kelly 36

Kratky

Kuessner

Lembke

LeVota

Liese

Lowe

McKenna

Meiners

Merideth

Muckler

Page

Ransdall

Sager

Salva

Schneider

Schoemehl

Seigfreid

Selby

Shoemaker

Shoemyer

Skaggs

Spreng

Thompson

Villa

Vogt

Wagner

Walker

Walsh

Ward

Whorton

Wildberger

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

 

 

PRESENT: 003

 

El-Amin

Taylor

Walton

 

 

ABSENT WITH LEAVE: 009

 

Adams

Bland

Boykins

Brooks

Goodman

Hubbard

Lawson

Miller

Willoughby

 

 

         Speaker Pro Tem Jetton declared the bill passed.


         Representative Johnson (90) requested a verification of the roll call on the motion to third read and finally pass HCS SB 521.

 

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 adopted HCS SCS SB 16 and has taken up and passed HCS SCS SB 16.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 61 and has taken up and passed HCS SCS SB 61.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 68 and has taken up and passed HCS SB 68.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 101 and has taken up and passed HCS SB 101.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 130 and has taken up and passed HCS SCS SB 130.


         Emergency clause adopted.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 136 and has taken up and passed HCS SB 136.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 175 and has taken up and passed HCS SB 175.


 


 

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SBs 212 & 220 and has taken up and passed HCS SCS SBs 212 & 220.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 218 and has taken up and passed HCS SCS SB 218.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 228 and has taken up and passed HCS SB 228.


         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 266 and has taken up and passed HCS SB 266.


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


AFTERNOON SESSION


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

 

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 2537 - Representative Wilson (130)

House Resolution No. 2538 - Representative Viebrock

House Resolution No. 2539 - Representative Shoemyer (9)

House Resolution No. 2540 - Representative Lowe

House Resolution No. 2541 - Representative Dempsey

            House Resolution No. 2542 - Representative Deeken

House Resolution No. 2543 - Representatives Deeken and Bruns

House Resolution No. 2544 - Representative Deeken

House Resolution No. 2545

                        through

House Resolution No. 2548 - Representative Miller

House Resolution No. 2549 - Representative Zweifel, et al

House Resolution No. 2550 - Representative Liese

House Resolution No. 2551 - Representative Pratt

            House Resolution No. 2552

                        through

            House Resolution No. 2554 - Representative Fares

            House Resolution No. 2555

                        through

            House Resolution No. 2557 - Representative Schaaf

House Resolution No. 2558 - Representative Jetton

House Resolution No. 2559 - Representative Lowe


            House Resolution No. 2560

                        through

            House Resolution No. 2564 - Representative Witte


            Speaker Pro Tem Jetton resumed the Chair.


BILLS CARRYING REQUEST MESSAGES


            HCS SB 186, relating to recorders of deeds, was taken up by Representative Munzlinger.


            Representative Munzlinger moved that the House refuse to recede from its position on HCS SB 186 and request the Senate to adopt HCS SB 186 and take up and pass the bill.


            Which motion was adopted.


            HCS SCS SB 379, relating to community improvement districts, was taken up by Representative Wright.


            Representative Wright moved that the House refuse to recede from its position on HCS SCS SB 379 and grant the Senate a conference.


            Which motion was adopted.


             HCS SS SCS SB 36, as amended, relating to environmental regulations, was taken up by Representative Myers.


            Representative Myers moved that the House refuse to recede from its position on HCS SS SCS SB 36, as amended, and grant the Senate a conference.


            Which motion was adopted.

 

            Speaker Hanaway resumed the Chair.


HOUSE BILLS WITH SENATE AMENDMENTS


            SS SCS HCS HB 289, as amended, relating to the Missouri Downtown Economic Stimulus Act, was taken up by Representative Dempsey.


             Representative Dempsey moved that the House refuse to adopt SS SCS HCS HB 289, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference and the House conferees be allowed to exceed the differences by adding language to provide natural disaster relief.


            Which motion was adopted.


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


            Representative Deeken moved that the House refuse to adopt SS SCS HS HB 511, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.


            Which motion was adopted.


            Representative Behnen assumed the Chair.


THIRD READING OF HOUSE BILLS - FEDERAL MANDATE


            HB 655, relating to special education services, was taken up by Representative Wilson (130).


            On motion of Representative Wilson (130), HB 655 was read the third time and passed by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Bean

Bearden

Behnen

Bishop

Black

Bland

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Burnett

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Graham

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Hoskins

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

Meiners

Merideth

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Villa

Vogt

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Wilson 119

Wilson 130

Wilson 25

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 



 

 

 

 

 

NOES: 002

 

 

 

 

 

 

 

 

 

Byrd

Holand

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Wilson 42

 

 

 

 

 

ABSENT WITH LEAVE: 014                                                                                                                                                                     

 

 

 

 

 

Adams

Barnitz

Bivins

Cunningham 86

Dougherty

Goodman

Green

Hubbard

McKenna

Miller

Moore

Viebrock

Wagner

Willoughby

 

 

 

 

 

 

            Representative Behnen declared the bill passed.


            Speaker Hanaway resumed the Chair.


            HCS HB 702, relating to commercial drivers’ licenses, was taken up by Representative Schlottach.


            On motion of Representative Schlottach, HCS HB 702 was read the third time and passed by the following vote:


AYES: 148

 

 

 

 

 

 

 

 

 

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

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Graham

Guest

Hampton

Harris 110

Harris 23

Haywood

Hilgemann

Hobbs

Holand

Hoskins

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

Meiners

Merideth

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Thompson

Threlkeld

Townley

Villa

Vogt

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Taylor

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Dougherty

Goodman

Green

Henke

Hubbard

Hunter

McKenna

Miller

Moore

Viebrock

Wagner

Willoughby

 

 

 

 

 

 

            Speaker Hanaway declared the bill passed.


APPOINTMENT OF CONFERENCE COMMITTEES


            The Speaker appointed the following Conference Committees to act with like committees from the Senate on the following bills:


HCS SS SCS SB 36: Representatives Myers, Wood, Townley, Shoemyer (9) and Bringer

HCS SCS SB 379: Representatives Wright, Morris, Dixon, George and Salva


THIRD READING OF SENATE CONCURRENT RESOLUTION


            SS SCS SCR 13, with House Committee Amendment No. 1, relating to competition and privatization, was taken up by Representative Richard.


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


            On motion of Representative Richard, SS SCS SCR 13, as amended, was read the third time and passed by the following vote:


AYES: 094

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Bean

Bearden

Behnen

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

Guest

Hobbs

Holand

Hoskins

Hunter

Icet

Jackson

Jetton

Johnson 47

Kelly 144

King

Kingery

Kratky

Lager

Lembke

Lipke

Luetkemeyer

Marsh

May

Mayer

Merideth

Moore

Morris

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Self

Shoemaker

Shoemyer

Smith 118

Smith 14

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Wallace

Walton

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Madam Speaker

 

 

 

 

 

 

NOES: 051

 

 

 

 

 

 

 

 

 

Abel

Barnitz

Bishop

Bland

Boykins

Bringer

Brooks

Burnett

Campbell

Carnahan

Corcoran

Curls

Darrough

Daus

Donnelly

El-Amin

Fraser

Graham

Green

Harris 110

Henke

Hilgemann

Johnson 61

Johnson 90

Jolly

Jones

Kelly 36

Kuessner

LeVota

Liese

Lowe

Meiners

Muckler

Sager

Salva

Schoemehl

Seigfreid

Selby

Skaggs

Villa

Vogt

Walker

Walsh

Ward

Wildberger

Wilson 25

Wilson 42

Witte

Yaeger

Young

Zweifel

 

 

 

 

 

 

 

 

 

PRESENT: 009

 

 

 

 

 

 

 

 

 

Davis 122

George

Hampton

Harris 23

McKenna

Ransdall

Spreng

Wagner

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 009                                                                                                                                                                     

 

 

 

 

 

Adams

Dougherty

Goodman

Haywood

Hubbard

Lawson

Miller

Viebrock

Willoughby

 

 

 

 

 

 

            Speaker Hanaway declared the bill passed.


THIRD READING OF HOUSE BILLS


            HS HCS HB 455, relating to health insurance, was taken up by Representative Thompson.


            On motion of Representative Thompson, HS HCS HB 455 was read the third time and passed by the following vote:


AYES: 127

 

 

 

 

 

 

 

 

 

Abel

Avery

Baker

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Byrd

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Donnelly

Dusenberg

El-Amin

Engler

Fares

Fraser

George

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Holand

Hoskins

Jackson

Jetton

Johnson 47

Johnson 61

Jolly

Jones

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lembke

LeVota

Liese

Lipke

Lowe

Marsh

May

Mayer

McKenna

Meiners

Merideth

Muckler

Munzlinger

Myers

Page

Parker

Pearce

Phillips

Portwood

Quinn

Ransdall

Reinhart

Richard

Roark

Ruestman

Sager

Salva

Sander

Schaaf

Schlottach

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Smith 118

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Thompson

Threlkeld

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Wildberger

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

NOES: 019

 

 

 

 

 

 

 

 

 

Angst

Cunningham 145

Dixon

Emery

Ervin

Icet

Kelly 144

Luetkemeyer

Morris

Nieves

Pratt

Purgason

Rector

Rupp

Smith 14

Taylor

Townley

Wilson 119

Yates

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Burnett

Johnson 90

Skaggs

Whorton

 

 

 

 

 

 

ABSENT WITH LEAVE: 013                                                                                                                                                                     

 

 

 

 

 

Adams

Barnitz

Dougherty

Goodman

Graham

Hubbard

Hunter

Lawson

Miller

Moore

Schneider

Viebrock

Willoughby

 

 

 

 

 

 

 

            Speaker Hanaway declared the bill passed.


            HCS HB 640, relating to Emancipation Day, was taken up by Representative Walton.


            On motion of Representative Walton, HCS HB 640 was read the third time and passed by the following vote:


AYES: 145

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Boykins

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Deeken

Dempsey

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Holand

Hoskins

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

McKenna

Meiners

Merideth

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Villa

Vogt

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 018                                                                                                                                                                     

 

 

 

 

 

Adams

Davis 19

Dethrow

Dougherty

Goodman

Graham

Green

Hubbard

Hunter

Lawson

Mayer

Miller

Moore

Morris

Smith 118

Viebrock

Wagner

Willoughby

 

 

 

 

 

 

 

            Speaker Hanaway declared the bill passed.


THIRD READING OF SENATE BILLS


            HCS SCS SB 84, relating to tax credits, was taken up by Representative Munzlinger.


            Representative Munzlinger offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 84, Pages 3-4, Section 348.430, Lines 1-54, by striking all of said section from the bill; and


              Further amend said bill, Pages 4-7, Section 348.432, Lines 1-84, by striking all of said section from the bill and inserting in lieu thereof the following:


              "348.430. 1. The tax credit created in this section shall be known as the "Agricultural Product Utilization Contributor Tax Credit".

              2. As used in this section, the following terms mean:

              (1) "Authority", the agriculture and small business development authority as provided in this chapter;

              (2) "Contributor", an individual, partnership, corporation, trust, limited liability company, entity or person that contributes cash funds to the authority;

              (3) "Development facility", a facility producing either a good derived from an agricultural commodity or using a process to produce a good derived from an agricultural product;

              (4) "Eligible new generation cooperative", a nonprofit cooperative association formed pursuant to chapter 274, RSMo, or incorporated pursuant to chapter 357, RSMo, for the purpose of operating a development facility or a renewable fuel production facility;

              (5) "Eligible new generation processing entity", a partnership, corporation, cooperative, or limited liability company organized or incorporated pursuant to the laws of this state consisting of not less than twelve members, approved by the authority, for the purpose of owning or operating within this state a development facility or a renewable fuel production facility in which producer members:

              (a) Hold a majority of the governance or voting rights of the entity and any governing committee;

              (b) Control the hiring and firing of management; and

              (c) Deliver agricultural commodities or products to the entity for processing, unless processing is required by multiple entities;

              (6) "Renewable fuel production facility", a facility producing an energy source which is derived from a renewable, domestically grown, organic compound capable of powering machinery, including an engine or power plant, and any by-product derived from such energy source.

              3. For all tax [year] years beginning on or after January 1, 1999, a contributor who contributes funds to the authority may receive a credit against the tax or estimated quarterly tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, chapter 148, RSMo, chapter 147, RSMo, in an amount of up to one hundred percent of such contribution. Tax credits claimed in a taxable year may be done so on a quarterly basis and applied to the estimated quarterly tax pursuant to this subsection. The awarding of such credit shall be at the approval of the authority, based on the least amount of credits necessary to provide incentive for the contributions. A contributor that receives tax credits for a contribution to the authority shall receive no other consideration or compensation for such contribution, other than a federal tax deduction, if applicable, and goodwill. A contributor that receives tax credits for a contribution provided in this section may not be a member, owner, investor or lender of an eligible new generation cooperative or eligible new generation processing entity that receives financial assistance from the authority either at the time the contribution is made or for a period of two years thereafter.

              4. A contributor shall submit to the authority an application for the tax credit authorized by this section on a form provided by the authority. If the contributor meets all criteria prescribed by this section and the authority, the authority shall issue a tax credit certificate in the appropriate amount. Tax credits issued pursuant to this section [shall initially] may be claimed in the taxable year in which the contributor contributes funds to the authority. [Any amount of credit that exceeds the tax due for a contributor's taxable year] Tax credits allowed pursuant to this section may immediately be carried back to any of the contributor's three prior tax years and may be carried forward to any of the contributor's five subsequent taxable years. Tax credits issued pursuant to this section may be assigned, transferred or sold. Whenever a certificate of tax credit is assigned, transferred, sold or otherwise conveyed, a notarized endorsement shall be filed with the authority specifying the name and address of the new owner of the tax credit or the value of the credit.

              5. The funds derived from contributions in this section shall be used for financial assistance or technical assistance for the purposes provided in section 348.407, to rural agricultural business concepts as approved by the authority. The authority may provide or facilitate loans, equity investments, or guaranteed loans for rural agricultural business concepts, but limited to two million dollars per project or the net state economic impact, whichever is less. Loans, equity investments or guaranteed loans may only be provided to feasible projects, and for an amount that is the least amount necessary to cause the project to occur, as determined by the authority. The authority may structure the loans, equity investments or guaranteed loans in a way that facilitates the project, but also provides for a compensatory return on investment or loan payment to the authority, based on the risk of the project.

              6. In any given year, at least ten percent of the funds granted to rural agricultural business concepts shall be awarded to grant requests of twenty-five thousand dollars or less. No single rural agricultural business concept shall receive more than two hundred thousand dollars in grant awards from the authority. Agricultural businesses owned by minority members or women shall be given consideration in the allocation of funds.

              348.432. 1. The tax credit created in this section shall be known as the "New Generation Cooperative Incentive Tax Credit".

              2. As used in this section, the following terms mean:

              (1) "Authority", the agriculture and small business development authority as provided in this chapter;

              (2) "Development facility", a facility producing either a good derived from an agricultural commodity or using a process to produce a good derived from an agricultural product;

              (3) "Eligible new generation cooperative", a nonprofit cooperative association formed pursuant to chapter 274, RSMo, or incorporated pursuant to chapter 357, RSMo, for the purpose of operating a development facility or a renewable fuel production facility and approved by the authority;

              (4) "Eligible new generation processing entity", a partnership, corporation, cooperative, or limited liability company organized or incorporated pursuant to the laws of this state consisting of not less than twelve members, approved by the authority, for the purpose of owning or operating within this state a development facility or a renewable fuel production facility in which producer members:

              (a) Hold a majority of the governance or voting rights of the entity and any governing committee;

              (b) Control the hiring and firing of management; and

              (c) Deliver agricultural commodities or products to the entity for processing, unless processing is required by multiple entities;

              (5) "Employee-qualified capital project", an eligible new generation cooperative with capital costs greater than fifteen million dollars which will employ at least [one hundred] sixty employees;

              (6) "Large capital project", an eligible new generation cooperative with capital costs greater than one million dollars;

              (7) "Producer member", a person, partnership, corporation, trust or limited liability company whose main purpose is agricultural production that invests cash funds to an eligible new generation cooperative or eligible new generation processing entity;

              (8) "Renewable fuel production facility", a facility producing an energy source which is derived from a renewable, domestically grown, organic compound capable of powering machinery, including an engine or power plant, and any by-product derived from such energy source;

              (9) "Small capital project", an eligible new generation cooperative with capital costs of no more than one million dollars.

              3. Beginning tax year 1999, and ending December 31, 2002, any producer member who invests cash funds in an eligible new generation cooperative or eligible new generation processing entity may receive a credit against the tax or estimated quarterly tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, or chapter 148, RSMo, chapter 147, RSMo, in an amount equal to the lesser of fifty percent of such producer member's investment or fifteen thousand dollars.

              4. For all tax years beginning on or after January 1, 2003, any producer member who invests cash funds in an eligible new generation cooperative or eligible new generation processing entity may receive a credit against the tax or estimated quarterly tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, chapter 147, RSMo, or chapter 148, RSMo, in an amount equal to the lesser of fifty percent of such producer member's investment or fifteen thousand dollars. Tax credits claimed in a taxable year may be done so on a quarterly basis and applied to the estimated quarterly tax pursuant to subsection 3 of this section.

              5. A producer member shall submit to the authority an application for the tax credit authorized by this section on a form provided by the authority. If the producer member meets all criteria prescribed by this section and is approved by the authority, the authority shall issue a tax credit certificate in the appropriate amount. Tax credits issued pursuant to this section [shall initially be claimed in the taxable year in which the producer member contributes capital to an eligible new generation cooperative or eligible new generation processing entity. Any amount of credit that exceeds the tax due for a producer member's taxable year] may be carried back to any of the producer member's three prior taxable years and carried forward to any of the producer member's five subsequent taxable years regardless of the type of tax liability to which such credits are applied as authorized pursuant to subsection 3 of this section. Tax credits issued pursuant to this section may be assigned, transferred, sold or otherwise conveyed and the new owner of the tax credit shall have the same rights in the credit as the producer member. Whenever a certificate of tax credit is assigned, transferred, sold or otherwise conveyed, a notarized endorsement shall be filed with the authority specifying the name and address of the new owner of the tax credit or the value of the credit.

              6. Ten percent of the tax credits authorized pursuant to this section initially shall be offered in any fiscal year to small capital projects. If any portion of the ten percent of tax credits offered to small capital costs projects is unused in any calendar year, then the unused portion of tax credits may be offered to employee-qualified capital projects and large capital projects. If the authority receives more applications for tax credits for small capital projects than tax credits are authorized therefor, then the authority, by rule, shall determine the method of distribution of tax credits authorized for small capital projects.

              7. Ninety percent of the tax credits authorized pursuant to this section initially shall be offered in any fiscal year to employee-qualified capital projects and large capital projects. If any portion of the ninety percent of tax credits offered to employee-qualified capital projects and large capital costs projects is unused in any fiscal year, then the unused portion of tax credits may be offered to small capital projects. The maximum tax credit allowed per employee-qualified capital project is three million dollars and the maximum tax credit allowed per large capital project is one million five hundred thousand dollars. If the authority approves the maximum tax credit allowed for any employee-qualified capital project or any large capital project, then the authority, by rule, shall determine the method of distribution of such maximum tax credit. In addition, if the authority receives more tax credit applications for employee-qualified capital projects and large capital projects than the amount of tax credits authorized therefor, then the authority, by rule, shall determine the method of distribution of tax credits authorized for employee-qualified capital projects and large capital projects."; and


              Further amend the title and enacting clause accordingly.



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


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


            Representative Stevenson raised a point of order that House Amendment No. 2 is not germane and goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative LeVota offered House Amendment No. 3.


            Representative Stevenson raised a point of order that House Amendment No. 3 is not germane and goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Riback Wilson (25) offered House Amendment No. 4.


            Representative Stevenson raised a point of order that House Amendment No. 4 is not germane and goes beyond the scope of the bill.


            The Chair ruled the point of order well taken.


            Representative Bringer offered House Amendment No. 5.


            Representative Stevenson raised a point of order that House Amendment No. 5 amends previously amended material.


            The Chair ruled the point of order well taken.


            On motion of Representative Munzlinger, HCS SCS SB 84, as amended, was adopted.


            On motion of Representative Munzlinger, HCS SCS SB 84, as amended, was read the third time and passed by the following vote:


AYES: 138

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Bringer

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Graham

Guest

Harris 110

Harris 23

Henke

Hilgemann

Hobbs

Holand

Hoskins

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schlottach

Schneider

Schoemehl

Seigfreid

Self

Shoemaker

Skaggs

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Villa

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Wood

Wright

Yaeger

Yates

Zweifel

Madam Speaker

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Selby

Vogt

Young

 

 

 

 

 

 

 

PRESENT: 003

 

 

 

 

 

 

 

 

 

Brooks

Shoemyer

Witte

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 019                                                                                                                                                                     

 

 

 

 

 

Adams

Barnitz

Boykins

Cooper 120

Dougherty

Goodman

Green

Hampton

Haywood

Hubbard

Hunter

Jetton

Lawson

Miller

Moore

Schaaf

Smith 118

Viebrock

Willoughby

 

 

 

 

 

 

            Speaker Hanaway declared the bill passed.


            Representative Nieves assumed the Chair.


            Speaker Pro Tem Jetton resumed the Chair.


            HCS SCS SB 69, relating to small business, was taken up by Representative Baker.


            On motion of Representative Baker, HCS SCS SB 69 was adopted.


            On motion of Representative Baker, HCS SCS SB 69 was read the third time and passed by the following vote:


AYES: 137

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Bringer

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

Graham

Guest

Harris 110

Harris 23

Henke

Hilgemann

Hobbs

Hoskins

Icet

Jackson

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Morris

Muckler

Munzlinger

Myers

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Reinhart

Richard

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schneider

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Skaggs

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Taylor

Thompson

Threlkeld

Townley

Villa

Vogt

Wallace

Walsh

Walton

Wasson

Whorton

Wildberger

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Brooks

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 025                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

Cooper 120

Dougherty

George

Goodman

Green

Hampton

Haywood

Holand

Hubbard

Hunter

Jetton

Kratky

Miller

Moore

Rector

Shoemyer

Smith 118

Sutherland

Viebrock

Wagner

Walker

Ward

Willoughby

 

 

 

 

 

            Speaker Pro Tem Jetton declared the bill passed.


            HCS SCS SB 246, relating to the regulation of utilities, was taken up by Representative Rector.


            Representative Rector offered HS HCS SCS SB 246.


            Representative Threlkeld offered House Amendment No. 1.


House Amendment No. 1


AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 9, Section 386.374, Line 22, by inserting after all of said line the following:


              "386.756. 1. Except by an affiliate, a utility may not engage in HVAC services, unless otherwise provided in subsection 7 or subsection 8 of this section.

              2. No affiliate or utility contractor may use any vehicles, service tools, instruments, employees, or any other utility assets, the cost of which are recoverable in the regulated rates for utility service, to engage in HVAC services unless the utility is compensated for the use of such assets at cost to the utility.

              3. A utility may not use or allow any affiliate or utility contractor to use the name of such utility to engage in HVAC services unless the utility, affiliate or utility contractor discloses, in plain view and in bold type on the same page as the name is used on all advertisements or in plain audible language during all solicitations of such services, a disclaimer that states the services provided are not regulated by the public service commission.

              4. A utility may not engage in or assist any affiliate or utility contractor in engaging in HVAC services in a manner which subsidizes the activities of such utility, affiliate or utility contractor to the extent of changing the rates or charges for the utility's regulated services above or below the rates or charges that would be in effect if the utility were not engaged in or assisting any affiliate or utility contractor in engaging in such activities.

              5. Any affiliates or utility contractors engaged in HVAC services shall maintain accounts, books and records separate and distinct from the utility.

              6. The provisions of this section shall apply to any affiliate or utility contractor engaged in HVAC services that is owned, controlled or under common control with a utility providing regulated utility service in this state or any other state.

              7. A utility engaging in HVAC services in this state five years prior to August 28, 1998, may continue providing, to existing as well as new customers, the same type of services as those provided by the utility five years prior to August 28, 1998. The provisions of this section only apply to the area of service which the utility was actually supplying service to on a regular basis prior to August 28, 1993. The provisions of this section shall not apply to any subsequently expanded areas of service made by a utility through either existing affiliates or subsidiaries or through affiliates or subsidiaries purchased after August 28, 1993, unless such services were being provided in the expanded area prior to August 28, 1993.

              8. The provisions of this section shall not be construed to prohibit a utility from providing emergency service, providing any service required by law or providing a program pursuant to an existing tariff, rule or order of the public service commission.

              9. A utility that violates any provision of this section is guilty of a civil offense and may be subject to a civil penalty of up to twelve thousand five hundred dollars for each violation. The attorney general may enforce the provisions of this section pursuant to any powers granted to him or her pursuant to any relevant provisions provided by Missouri statutes or the Missouri Constitution.

              10. Any utility claiming an exemption as provided in subsection 7 of this section shall comply with all applicable state and local laws, ordinances or regulations relating to the installation or maintenance of HVAC systems including all permit requirements. A continuing pattern of failure to comply with said requirements shall provide the basis for a finding by any court of competent jurisdiction or the public service commission that the utility has waived its claim of exemption pursuant to subsection 7 of this section.

              11. A utility which sells gas fired appliances shall perform all installation, maintenance and service of said appliances with its own employees."; and


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


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


            Representative Selby offered House Amendment No. 2.


            Representative Yates raised a point of order that House Amendment No. 2 is not germane to the bill.


            The Chair ruled the point of order well taken.


            HCS SCS SB 246, with HS, as amended, pending, was laid over.


            Speaker Hanaway resumed the Chair.



            HCS SCS SB 246, with HS, as amended, pending, was again taken up by Representative Rector.


            HCS SCS SB 246, with HS, as amended, pending, was laid over.

 

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS


            The following House Concurrent Resolutions were referred to the Committee indicated:


HCR 33 - Tourism and Cultural Affairs

HCR 34 - Homeland Security and Veterans Affairs

HCR 35 - Homeland Security and Veterans Affairs

HCR 36 - Conservation and Natural Resources


REFERRAL OF SENATE CONCURRENT RESOLUTIONS


            The following Senate Concurrent Resolutions were referred to the Committee indicated:


SCR 5 - Children and Families

SCR 6 - Senior Security

SCR 9 - Senior Security


REFERRAL OF SENATE BILL


            The following Senate Bill was referred to the Committee indicated:


SS#2 SB 695 - Budget


COMMITTEE REPORT


            Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:


            Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 697, begs leave to report it has examined the same and recommends that it Do Pass.

 

MESSAGE FROM THE SENATE


            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on HCS SCS#2 SB 52, and has taken up and passed CCS HCS SCS#2 SB 52.





 

CONFERENCE COMMITTEE REPORT

ON

HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE BILL NO. 407


            The Conference Committee appointed on House Committee Substitute for Senate Bill No. 407 begs leave to report that we, after free and fair discussion of the differences, have agreed to recommend and do recommend to the respective bodies as follows:


            1. That the House recede from its position on House Committee Substitute for Senate Bill No. 407;


            2. That the Senate recede from its position on Senate Bill No. 407;


            3. That the attached Conference Committee Substitute for House Committee Substitute for Senate Bill No. 407, be Third Read and Finally Passed.


FOR THE SENATE:                                                       FOR THE HOUSE:

 

/s/ David Klindt                                                               /s/ Blaine Luetkemeyer

/s/ John Loudon                                                               /s/ Sherman Parker

/s/ Delbert Scott                                                               /s/ Ronald Richard

/s/ Harry Kennedy                                                           /s/ Dan Ward

/s/ Stephen Stoll                                                               /s/ Albert Liese


         The following member's presence was noted: Willoughby.


ADJOURNMENT


         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Wednesday, May 7, 2003.

 

CORRECTIONS TO THE HOUSE JOURNAL


AFFIDAVITS


I, State Representative Vicki Schneider, District 17, hereby state and affirm that my vote as recorded on Page 1474 of the House Journal for Thursday, May 1, 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 6th day of May 2003.


                                                                                      /s/ Vicki Schneider

                                                                                            State Representative



State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 6th day of May in the year 2003.


                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________


I, State Representative Annie Reinhart, District 34, hereby state and affirm that my vote as recorded on Pages 1502 and 1503 of the House Journal for Monday, May 5, 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 6th day of May 2003.


                                                                                      /s/ Annie Reinhart

                                                                                           State Representative


State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 6th day of May in the year 2003.


                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________


I, State Representative Chris Shoemaker, District 8, hereby state and affirm that my vote as recorded on Pages 1502 and 1503 of the House Journal for Monday, May 5, 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 6th day of May 2003.


                                                                                      /s/ Chris Shoemaker

                                                                                           State Representative


State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 6th day of May in the year 2003.


                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________


I, State Representative Mark Wright, District 137, hereby state and affirm that my vote as recorded on Pages 1510, 1511, 1512 and 1517 of the House Journal for Monday, May 5, 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 6th day of May 2003.


                                                                                      /s/ Mark Wright

                                                                                            State Representative


State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 6th day of May in the year 2003.


                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________


I, State Representative Clint Zweifel, District 78, hereby state and affirm that my vote as recorded on Pages 1510 and 1516 of the House Journal for Monday, May 5, 2003 showing that I voted no 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 6th day of May 2003.


                                                                                      /s/ Clint Zweifel

                                                                                           State Representative


State of Missouri               )

                                           ) ss.

County of Cole                  )


Subscribed and sworn to before me this 6th day of May in the year 2003.


                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

 

COMMITTEE MEETINGS


BUDGET

Wednesday, May 7, 2003, 8:30 a.m. Hearing Room 3.

Public hearing, fiscal review and possible Executive Session.

Public Hearing to be held on: HB 698, HB 741, HB 745, HJR 26


BUDGET

Thursday, May 8, 2003, 8:30 a.m. Hearing Room 3.

Public hearing, fiscal review, possible Executive Session.

Public Hearing to be held on: HB 698, HB 741, HB 745, HJR 26




BUDGET

Friday, May 9, 2003, 8:30 a.m. Hearing Room 3.

Public hearing, fiscal review, possible Executive Session.

Public Hearing to be held on: HB 698, HB 741, HB 745, HJR 26


CHILDREN AND FAMILIES

Wednesday, May 7, 2003. Hearing Room 5 upon morning recess.

Executive Session may follow.

Public Hearing to be held on: SCR 3


EDUCATION

Wednesday, May 7, 2003, 9:30 a.m. Side gallery.

Executive Session may follow.

Public Hearing to be held on: SCR 16


JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Wednesday, May 7, 2003. Hearing Room 3 upon noon adjournment.


JUDICIARY

Wednesday, May 7, 2003, 12:00 p.m. Hearing Room 1.

Executive Session will follow on HB 573, HB 619, SB 12, SS SB 242, SS SCR 7.

Public Hearing to be held on: SB 12, SB 242, SCR 7


                                                         HOUSE CALENDAR


SIXTY-SIXTH DAY, WEDNESDAY, MAY 7, 2003


HOUSE BILLS FOR PERFECTION


1          HCS HB 132, 173, 117 & 48 - Wright

2          HCS HB 215, 218, 115 & 83 - Myers

3          HCS HB 190 & 214 - Fares

4          HCS HB 51 - Mayer

5          HCS HB 387 - Pearce

6          HCS HB 109 & 34 - Fares

7          HB 263 - Cooper (120)

8          HCS HB 468 - Byrd

9          HCS HB 233 - Holand

10        HB 471 - Jackson

11        HCS HB 47 - Portwood

12        HCS HB 507 - Hubbard

13        HB 293, HCA 1 - Johnson (47)

14        HCS HB 345 - Cunningham (86)



15        HCS HB 385 - Cunningham (86)

16        HCS HB 447 - Townley

17        HB 618 - Yates


HOUSE BILL FOR PERFECTION - FEDERAL MANDATE


HB 697 - Mayer


HOUSE BILL FOR THIRD READING


HS HCS HB 404, 324, 403, 344, 426 & 541 - Rector


SENATE CONCURRENT RESOLUTION


SCR 10, (2-26-03, Page 473) - Yates


SENATE BILL FOR THIRD READING - CONSENT


SB 214, HCA 1 - Byrd


SENATE BILLS FOR THIRD READING


1          SB 496 - Luetkemeyer

2          HCS SB 173 - Walton

3          SS#2 SCS SB 55 - Stevenson

4          SS SB 34 - Pratt

5          HCS SS SCS SB 30 - Schneider

6          HCS SCS SB 686, E.C. - Cunningham (86)

7          SCS#2 SB 1 - Luetkemeyer

8          SB 540 - Parker

9          SS SB 13 - Byrd

10        HCS SCS SB 246, HS, as amended, pending - Rector

11        HCS SB 469 - Byrd

12        HCS SS SCS SB 555, E.C. - Black

13        SS#2 SS SCS SB 2, E.C. - Smith (118)

14        HCS SB 39, (Budget 5-05-03) - Mayer

15        SCS SB 620, E.C. - Dempsey

16        SS SB 219, E.C. (Budget 5-05-03) - Smith (14)

17        HCS SCS SB 11, E.C. - Cooper (120)

18        HCS SS#2 SCS SB 481 - Crawford

19        HCS SB 668 - Myers


SENATE BILL FOR THIRD READING - CONSENT - INFORMAL


SCS SB 237 - Luetkemeyer


HOUSE BILLS WITH SENATE AMENDMENTS


1          SCS HCS HB 13 - Bearden

2          HB 261, SA 1 - Whorton

3          SCS HCS HB 371 - Dusenberg

4          SCS HCS HB 392, as amended - Avery

5          HCS HB 394, SCA 1 - Byrd

6          SCS HB 491 - Rupp

7          SCS HB 512 - Cooper (120)

8          SCS HB 521 - Dethrow

9          SCS HB 552 - Kingery

10        SCS HCS HB 575 - Dethrow


BILLS CARRYING REQUEST MESSAGES


1          SCS HCS HB 427, (request Senate recede/grant conference) - Byrd

2          HCS SB 186, (request Senate adopt HCS and pass bill) - Munzlinger

3          SS SCS HCS HB 289, as amended, E.C.(request Senate recede/ grant conference/conferees

            be allowed to exceed the differences) - Dempsey

4          SS SCS HS HB 511, as amended, E.C.(request Senate recede/ grant conference) - Deeken


BILLS IN CONFERENCE


1          HS SCS SB 299 & 40, as amended - Bearden

2          HCS SB 401 - Pratt

3          CCR HCS SB 407 - Luetkemeyer

4          HCS SB 552 - Byrd

5          HCS SB 448 - Goodman

6          HCS SB 394, as amended - Byrd

7          CCR HCS SCS#2 SB 52 - Fares

8          SS SS SCS HCS HB 600, as amended, E.C. - Cooper (120)

9          SCS HS HB 2, as amended - Bearden

10        SCS HS HB 3, as amended - Bearden

11        SCS HS HB 4, as amended - Bearden

12        SCS HS HB 5, as amended - Bearden

13        SCS HS HB 6, as amended - Bearden

14        SCS HS HB 7 - Bearden

15        SCS HS HB 8, as amended - Bearden

16        SCS HS HB 9, as amended - Bearden

17        SCS HS HB 10, as amended - Bearden

18        SCS HS HB 11, as amended - Bearden

19        SCS HS HB 12, as amended - Bearden

20        HCS SCS SB 379 - Wright

21        HCS SS SCS SB 36, as amended - Myers