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 |
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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 |
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NOES: 038 |
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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 |
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PRESENT: 018 |
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Boykins |
Bringer |
Brooks |
Carnahan |
Fraser |
Hampton |
Jolly |
Kelly 36 |
Kratky |
Kuessner |
McKenna |
Meiners |
Salva |
Shoemyer |
Skaggs |
Spreng |
Whorton |
Wilson 42 |
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ABSENT WITH LEAVE: 017 |
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Abel |
Adams |
Bearden |
Behnen |
Byrd |
Goodman |
Graham |
Hubbard |
Hunter |
Johnson 90 |
Lipke |
Miller |
Purgason |
Rector |
Schneider |
Smith 118 |
Willoughby |
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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 |
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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 |
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NOES: 004 |
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Bishop |
Brooks |
Selby |
Wildberger |
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PRESENT: 007 |
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Bringer |
Burnett |
Corcoran |
LeVota |
Sager |
Skaggs |
Whorton |
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ABSENT WITH LEAVE: 020 |
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Abel |
Adams |
Bearden |
Behnen |
Byrd |
Goodman |
Graham |
Hubbard |
Hunter |
Johnson 90 |
Lowe |
Miller |
Purgason |
Rector |
Schneider |
Stevenson |
Taylor |
Wallace |
Willoughby |
Wilson 130 |
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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 |
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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 |
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NOES: 025 |
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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 |
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PRESENT: 003 |
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George |
Harris 23 |
Sager |
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ABSENT WITH LEAVE: 018 |
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Abel |
Adams |
Avery |
Barnitz |
Cooper 155 |
Goodman |
Hampton |
Hubbard |
Johnson 61 |
Luetkemeyer |
Miller |
Moore |
Seigfreid |
Shoemaker |
Ward |
Wildberger |
Willoughby |
Wilson 42 |
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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 |
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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 |
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NOES: 069 |
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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 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 005 |
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Adams |
Goodman |
Hubbard |
Miller |
Willoughby |
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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 |
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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 |
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NOES: 068 |
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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 |
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PRESENT: 003 |
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El-Amin |
Taylor |
Walton |
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ABSENT WITH LEAVE: 009 |
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Adams |
Bland |
Boykins |
Brooks |
Goodman |
Hubbard |
Lawson |
Miller |
Willoughby |
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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 |
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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 |
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NOES: 002 |
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Byrd |
Holand |
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PRESENT: 001 |
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Wilson 42 |
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ABSENT WITH LEAVE: 014 |
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|
|
Adams |
Barnitz |
Bivins |
Cunningham 86 |
Dougherty |
Goodman |
Green |
Hubbard |
McKenna |
Miller |
Moore |
Viebrock |
Wagner |
Willoughby |
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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 |
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|
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|
|
Abel |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Bringer |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Davis 19 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
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 |
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NOES: 000 |
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PRESENT: 001 |
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Taylor |
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ABSENT WITH LEAVE: 014 |
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|
Adams |
Boykins |
Dougherty |
Goodman |
Green |
Henke |
Hubbard |
Hunter |
McKenna |
Miller |
Moore |
Viebrock |
Wagner |
Willoughby |
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|
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 |
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|
|
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 |
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NOES: 051 |
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|
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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 |
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PRESENT: 009 |
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Davis 122 |
George |
Hampton |
Harris 23 |
McKenna |
Ransdall |
Spreng |
Wagner |
Whorton |
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ABSENT WITH LEAVE: 009 |
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|
Adams |
Dougherty |
Goodman |
Haywood |
Hubbard |
Lawson |
Miller |
Viebrock |
Willoughby |
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|
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 |
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|
|
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 |
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NOES: 019 |
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Angst |
Cunningham 145 |
Dixon |
Emery |
Ervin |
Icet |
Kelly 144 |
Luetkemeyer |
Morris |
Nieves |
Pratt |
Purgason |
Rector |
Rupp |
Smith 14 |
Taylor |
Townley |
Wilson 119 |
Yates |
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PRESENT: 004 |
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Burnett |
Johnson 90 |
Skaggs |
Whorton |
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ABSENT WITH LEAVE: 013 |
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|
Adams |
Barnitz |
Dougherty |
Goodman |
Graham |
Hubbard |
Hunter |
Lawson |
Miller |
Moore |
Schneider |
Viebrock |
Willoughby |
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|
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 |
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|
|
|
|
|
|
|
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 |
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|
|
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|
|
PRESENT: 000 |
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|
ABSENT WITH LEAVE: 018 |
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|
|
|
Adams |
Davis 19 |
Dethrow |
Dougherty |
Goodman |
Graham |
Green |
Hubbard |
Hunter |
Lawson |
Mayer |
Miller |
Moore |
Morris |
Smith 118 |
Viebrock |
Wagner |
Willoughby |
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|
|
|
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|
|
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 |
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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 |
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NOES: 003 |
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Selby |
Vogt |
Young |
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PRESENT: 003 |
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Brooks |
Shoemyer |
Witte |
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ABSENT WITH LEAVE: 019 |
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Adams |
Barnitz |
Boykins |
Cooper 120 |
Dougherty |
Goodman |
Green |
Hampton |
Haywood |
Hubbard |
Hunter |
Jetton |
Lawson |
Miller |
Moore |
Schaaf |
Smith 118 |
Viebrock |
Willoughby |
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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 |
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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 |
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NOES: 000 |
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PRESENT: 001 |
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Brooks |
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ABSENT WITH LEAVE: 025 |
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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 |
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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