Journal of the House

First Regular Session, 92nd General Assembly

SIXTY-SIXTH DAY, Wednesday, May 7, 2003

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, we declare this truth from Your Word, "But only with God are perfect wisdom and might; You alone have true counsel and understanding." Release the wisdom reserved for this hour for all those in authority; civil, spiritual and at every level of government.

          Father, we acknowledge that You hold the master plan for this year's session, so we ask You to reveal it to us. Help us to see as You see that we might work together for the betterment of this state. May there be a joint effort towards this end.

          You've prepared and equipped us for such a time as this. Guide us through these remaining hours with Your wisdom and keen foresight. Help us to overcome any area of personal confusion, pride, or weariness with clarity of purpose and thought.

          Now may the words of our mouths and the meditations of our hearts be acceptable in Your sight this day and forever.

          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: Madeline Awtrey, Patrick Smith, Elliott Daly, Alexander Greene, Hattie Smith, Mary Schloemann, Aaron Bulejski, Karlie Kloss, Brittney Selzer, Tim Jackson, Austin Crose, Gabe Warren, Shawn Allen, Payten Long, Kaley Moenck, Billy Hackett, Marie McSparen, Antonio Booker, Kristen Knepp, Cody Smith, Sierra Irwin and Paul Nauert.

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

MOTION

         Representative Crowell moved that Rule 113 be suspended in order to receive House employees for Employee Appreciation Day and special guests.

         Which motion was adopted by the following vote:

SPECIAL RECOGNITION

         Audrey Ferguson, Teacher of the Year, was introduced by Representative George and recognized as an Outstanding Missourian.

         Ms. Ferguson addressed the House.

         Alveda King, niece of Dr. Martin Luther King, Jr., was introduced by Representative Thompson.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2565 - Representative Bishop

House Resolution No. 2566

through

House Resolution No. 2569 - Representative Lager

House Resolution No. 2570

                     through

House Resolution No. 2572 - Representative Guest

House Resolution No. 2573 - Representatives Skaggs and Taylor

House Resolution No. 2574

                     and

House Resolution No. 2575 - Representative Hanaway

House Resolution No. 2576

                     and

House Resolution No. 2577 - Representative Phillips

         House Resolution No. 2578 - Representatives Salva and Carnahan

House Resolution No. 2579

                     and

House Resolution No. 2580 - Representative Willoughby

House Resolution No. 2581 - Representative Fares

House Resolution No. 2582 - Representative Kelly (36)

         House Resolution No. 2583 - Representatives Riback Wilson (25) and Harris (23)

         House Resolution No. 2584 - Representative Self

COMMITTEE REPORT

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred SB 39 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

THIRD READING OF SENATE BILL

         HCS SCS SB 246, with HS, as amended, pending, relating to the regulation of utilities, was taken up by Representative Rector.

         Representative Bringer offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 34, Section 393.1006, Line 5, by inserting after the word and period “ISRS.” the following:

          “In the event of a refund, the water corporation shall pay interest on the overcollected revenues pursuant to the ISRS.”.

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

         Representative Merideth offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 16, Section 392.200, Lines 10 through 17, by deleting all of said lines.

         Speaker Pro Tem Jetton assumed the Chair.

         Representative Donnelly offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 16, Section 392.200.11, Line 14, by deleting Subsection 11 and adding in lieu thereof a new Subsection 11 as follows:

          “11. Consistent with and subject to the terms of section 392.200.2, every telecommunications company is authorized to offer discounted rates or other special promotions on any of its telecommunications services to any new or former customers.”.

         On motion of Representative Donnelly, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.

         Representative Selby offered House Amendment No. 5.

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

         The Chair ruled the point of order well taken.

         Representative Bringer offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 246, Page 42, Section 393.1015, Line 11, by inserting after the word and period “charge” the following:

          “In the event of a refund, the gas corporation shall pay interest on the overcollected revenues pursuant to the ISRS.”.

         HCS SCS SB 246, with House Amendment No. 6 and HS, as amended, pending, was laid over.

         Speaker Hanaway resumed the Chair.

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HCS SS SCS SB 36, as amended: Senators Klindt, Steelman, Clemens, Caskey and Kennedy.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HCS HB 289, as amended, and grants the House a conference thereon.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HCS SCS SB 379: Senators Champion, Nodler, Childers, Mathewson and Wheeler.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 305, entitled:

         An act to repeal section 144.020, RSMo, and to enact in lieu thereof one new section relating to sales taxes on health and fitness centers.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 307, entitled:

         An act to repeal section 208.565, RSMo, and to enact in lieu thereof one new section relating to the senior Rx program, with an emergency clause.

         Emergency clause adopted.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 427 and grants the House a conference thereon.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HS HB 511, as amended, and grants the House a conference thereon.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 675, entitled:

         An act to repeal sections 33.080, 166.300, 339.105, and 374.150, RSMo, and to enact in lieu thereof four new sections relating to certain special funds, with penalty provisions and an emergency clause.

         Emergency clause adopted.

         In which the concurrence of the House is respectfully requested.

APPOINTMENT OF CONFERENCE COMMITTEES

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

SS SCS HCS HB 289: Representatives Dempsey, Pearce, Yates, Curls and Merideth

SS SCS HS HB 511: Representatives May, Deeken, Yates, Seigfreid and Dougherty

SCS HCS HB 427: Representatives Byrd, Stevenson, Mayer, Willoughby and Bishop

         Speaker Pro Tem Jetton resumed the Chair.

THIRD READING OF SENATE BILL

         HCS SCS SB 246, with House Amendment No. 6 and HS, as amended, pending, was again taken up by Representative Rector.

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

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         Representative Johnson (90) requested a verification of the roll call on the motion to move the previous question.

         On motion of Representative Rector, HS HCS SCS SB 246, as amended, was adopted.

         On motion of Representative Rector, HS HCS SCS SB 246, as amended, was read the third time and passed by the following vote:

         Speaker Pro Tem Jetton declared the bill passed. MESSAGE FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SS SCS HCS HB 289, as amended: Senators Steelman, Klindt, Gross, Mathewson and Goode.

         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 Pro Tem Jetton.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 2585

                     through

House Resolution No. 2587 - Representative Whorton

House Resolution No. 2588 - Representative Behnen

House Resolution No. 2589 - Representative Self

House Resolution No. 2590 - Representative Selby

House Resolution No. 2591 - Representative Wilson (42)

House Resolution No. 2592 - Representative Quinn

House Resolution No. 2593

                     through

House Resolution No. 2601 - Representative Nieves

House Resolution No. 2602

                     and

House Resolution No. 2603 - Representative Kingery

House Resolution No. 2604 - Representative Ervin

House Resolution No. 2605 - Representative Shoemyer (9)

House Resolution No. 2606 - Representative Viebrock

House Resolution No. 2607 - Representative McKenna

House Resolution No. 2608 - Representative Bruns

         House Resolution No. 2609 - Representative Walton

THIRD READING OF SENATE BILLS

         SB 540, relating to microbreweries, was taken up by Representative Parker.

         Representative Parker offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Bill No. 540, Page 2, Section 311.195, Lines 15-17, by striking the following:

          “, nor have a direct or indirect financial interest in any business of any other person or corporation, or of any employee, officer, agent, subsidiary, or affiliate thereof,”.

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

         Representative Yates offered House Amendment No. 2.

House Amendment No. 2

AMEND Senate Bill No. 540, Page 1, Section A, Line 2, by inserting after all of said line the following:

          "311.097. 1. Notwithstanding any other provisions of this chapter to the contrary, any person who possesses the qualifications required by this chapter, and who now or hereafter meets the requirements of and complies with the provisions of this chapter, may apply for, and the supervisor of liquor control may issue, a license to sell intoxicating liquor, as in this chapter defined, between the hours of 11:00 a.m. on Sunday and midnight on Sunday by the drink at retail for consumption on the premises of any restaurant bar as described in the application. As used in this section, the term "restaurant bar" means any establishment having a restaurant or similar facility on the premises at least fifty percent of the gross income of which is derived from the sale of prepared meals or food consumed on such premises or which has an annual gross income of at least two hundred thousand dollars from the sale of prepared meals or food consumed on such premises.

          2. The authority for the collection of fees by cities and counties as provided in section 311.220, and all other laws and regulations of the state relating to the sale of liquor by the drink for consumption on the premises where sold, shall apply to a restaurant bar in the same manner as they apply to establishments licensed under sections 311.085, 311.090 and 311.095, and in addition to all other fees required by law, a restaurant bar shall pay an additional fee of two hundred dollars a year payable at the same time and in the same manner as its other license fees.

          3. Any new restaurant bar having been in operation for less than ninety days may be issued a temporary license to sell intoxicating liquor by the drink at retail for consumption on the premises between the hours of 11:00 a.m. and midnight on Sunday for a period not to exceed ninety days if the restaurant bar can show a projection of annual business from prepared meals or food consumed on the premises of at least fifty percent of the total gross income of the restaurant bar for the year or can show a projection of annual business from prepared meals or food consumed on the premises which would exceed not less than two hundred thousand dollars. The license fee shall be prorated for the period of the temporary license based on the cost of the annual license for the establishment.

          4. In counties of the first class having a charter form of government and which contain all or a part of a city having a population of at least three hundred fifty thousand, any restaurant bar licensed under the provisions of this section which is located on the grounds of a sports stadium primarily used for professional sporting events may sell intoxicating liquor by the drink at retail for consumption within the premises of the restaurant bar on Sunday between the hours of [11:00] 8:00 a.m. and 12:00 midnight notwithstanding the hours of limitation set forth in subsection 1 of this section.  

          5. The provisions of this section regarding the time of closing shall not apply to any person who possesses a special permit issued under section 311.174, 311.176, or 311.178."; and

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

         Representative Purgason offered House Amendment No. 1 to House Amendment No. 2.

         Representative Dempsey raised a point of order that House Amendment No. 1 to House Amendment No. 2 goes beyond the scope of the amendment.

         The Chair ruled the point of order well taken.

         House Amendment No. 2 was withdrawn.

         On motion of Representative Parker, SB 540, as amended, was read the third time and passed by the following vote:

         Speaker Pro Tem Jetton declared the bill passed.

         SCS#2 SB 1, relating to boating safety, was taken up by Representative Luetkemeyer.

         Representative Merideth offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Committee Substitute No. 2 for Senate Bill No. 1, Section 306.127, Page 1, Line 3, by deleting all of said line and inserting in lieu thereof the following:

          “operates a vessel on the lakes”; and

          Further amend said bill, Section 306.127, Page 2, Lines 39 and 40, by deleting all of said lines; and

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

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

         Representative Shoemyer (9) offered House Amendment No. 2.

         Representative Byrd 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 Holand offered House Amendment No. 3.

         House Amendment No. 3 was withdrawn.

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

         Representative Luetkemeyer raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.

         The Chair ruled the point of order well taken.

         On motion of Representative Luetkemeyer, SCS#2 SB 1, as amended, was read the third time and passed by the following vote:

         Speaker Pro Tem Jetton declared the bill passed.