Journal of the House

First Regular Session, 92nd General Assembly

SEVENTIETH DAY, Tuesday, May 13, 2003

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, we declare this truth from Your Word, "You have been my stronghold and a refuge in the day of my distress. Trust in Him at all times, O people; pour out your heart before Him; God is a refuge for us." We take this moment to give thanks to You for never giving up on us as we sought to complete our part of Your plan for this state.

          We acknowledge that there is more, so much more concerning that plan. We haven't completed it yet. Continue to speak through us and bring change to things that could not be changed any other way.

          The plans of the heart belong to man, but we expectantly await Your answer. This we do know, we may plan all kinds of things, but only Your will is going to be done.

          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: Justice Butterfield, Tiffany Clark, Alex Puckett, Joel Stunz, Katey Thompson, Rose Anderson, Robert Schaaf, Renee Schaaf and Lance Uthe.

         The Journal of the sixty-ninth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 2802 - Representatives Harris (110) and Schlottach

         House Resolution No. 2803 - Representative Cooper (120)

         House Resolution No. 2804 - Representative McKenna

House Resolution No. 2805 - Representative King

House Resolution No. 2806

                     and

House Resolution No. 2807 - Representative Salva

House Resolution No. 2808 - Representatives Yaeger and Lembke

House Resolution No. 2809

                     and

House Resolution No. 2810 - Representative Riback Wilson (25)

House Resolution No. 2811 - Representative Wildberger

House Resolution No. 2812 - Representative Carnahan

House Resolution No. 2813 - Representative Abel, et al

         House Resolution No. 2814 - Representative Lipke

         House Resolution No. 2815 - Representative Jolly

         House Resolution No. 2816 - Representative Rector

         House Resolution No. 2817 - Representatives Rector and Baker

House Resolution No. 2818 - Representative Rector

House Resolution No. 2819 - Representatives Rector and Davis (122)

House Resolution No. 2820

                     and

House Resolution No. 2821 - Representatives Rector and Johnson (47)

House Resolution No. 2822 - Representative Rector

House Resolution No. 2823 - Representative Shoemyer (9)

House Resolution No. 2824

                     and

House Resolution No. 2825 - Representative Guest

         House Resolution No. 2826

                     and

House Resolution No. 2827 - Representative Donnelly

House Resolution No. 2828 - Representative Johnson (61)

House Resolution No. 2829 - Representative Crawford

House Resolution No. 2830 - Representative Moore

House Resolution No. 2831

                     through

House Resolution No. 2833 - Representative Whorton

House Resolution No. 2834

                     through

House Resolution No. 2857 - Representative Hobbs

House Resolution No. 2858 - Representative LeVota

House Resolution No. 2859 - Representative Roark

House Resolution No. 2860 - Representative Pratt

         House Resolution No. 2861 - Representatives Villa and Johnson (90)

COMMITTEE REPORT

         Committee on Budget, Chairman Bearden reporting:

         Madam Speaker: Your Committee on Budget, to which was referred HCS SB 668 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

MOTION

         Representative Crowell moved that Rule 23 be suspended to allow the Tax Policy Committee to meet while the House is in session pursuant to already posted notices on committee hearings.

         Which motion was adopted by the following vote:

         Representative Purgason assumed the Chair.

THIRD READING OF SENATE BILLS

         HCS SS SB 242, relating to appeal bonds, was taken up by Representative Byrd.

         Representative Burnett offered House Amendment No. 1.

         House Amendment No. 1 was withdrawn.

         On motion of Representative Byrd, HCS SS SB 242 was adopted.

         On motion of Representative Byrd, HCS SS SB 242 was read the third time and passed by the following vote:

         Representative Purgason declared the bill passed.

         The emergency clause was defeated by the following vote:

         HCS SCS SB 385, relating to workers' compensation, was taken up by Representative Luetkemeyer.

         On motion of Representative Luetkemeyer, HCS SCS SB 385 was adopted.

         On motion of Representative Luetkemeyer, HCS SCS SB 385 was read the third time and passed by the following vote:

         Representative Purgason declared the bill passed.

         Speaker Pro Tem Jetton assumed the Chair.

BILLS IN CONFERENCE

         CCR SS SS SCS HCS HB 600, as amended, relating to the collection of taxes, was taken up by Representative Cooper (120).

         Representative Cooper (120) moved that CCR SS SS SCS HCS HB 600, as amended, be adopted.

         Representative Riback Wilson (25) made a substitute motion that the House refuse to adopt CCR SS SS SCS HCS HB 600, as amended, request the Senate to grant further conference and the conferees be bound to accepting Senate Amendment No. 13.

         Representative Byrd raised a point of order that the substitute motion is not a true substitute motion.

         The Chair ruled the point of order not well taken.

         Representative Riback Wilson (25) again moved that the House refuse to adopt CCR SS SS SCS HCS HB 600, as amended, request the Senate to grant further conference and the conferees be bound to accepting Senate Amendment No. 13.

         Which motion was defeated by the following vote:

         Representative Abel made a substitute motion that the House refuse to adopt CCR SS SS SCS HCS HB 600, as amended, request the Senate to grant further conference and the conferees be allowed to exceed the differences.

         Which motion was defeated by the following vote:

         Representative Mayer assumed the Chair.

         Representative Behnen assumed the Chair.

         Speaker Pro Tem Jetton resumed the Chair.

         Representative Cooper (120) again moved that CCR SS SS SCS HCS HB 600, as amended, be adopted.

         Which motion was adopted by the following vote:

         Representative Johnson (90) requested a verification of the roll call on the motion to adopt CCR SS SS SCS HCS HB 600, as amended.

         On motion of Representative Cooper (120) CCS SS SS SCS HCS HB 600 was read the third time and passed by the following vote:

         Speaker Pro Tem Jetton declared the bill passed.

         The emergency clause was adopted by the following vote:

         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 Senate has taken up and adopted HCR 3.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 5.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCR 11.

         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 HS HCS HBs 679 & 396, 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 SS HS HCS HBs 679 & 396, as amended: Senators Shields, Foster, Champion, Dougherty and Kennedy.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate requests the House grant further conference on HCS SS SCS SB 36, as amended, and that the conferees be allowed to exceed the differences.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has re-appointed the following Conference Committee to act with a like Committee from the House on HCS SB 552: Senators Yeckel, Loudon, Cauthorn, Mathewson and Coleman.

         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 HS HCS SS SCS SB 555: Senators Kinder, Steelman, Klindt, Goode and Dougherty.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SCS SB 686, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

APPOINTMENT OF CONFERENCE COMMITTEE

         The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:

SS HS HCS HBs 679 & 396: Representatives Hanaway, Wright, Stevenson, Wilson (42) and Fraser

         Speaker Pro Tem Jetton resumed the Chair.

THIRD READING OF SENATE BILL

         HCS SB 668, relating to agricultural tax credits, was taken up by Representative Myers.

         Representative Myers offered HS HCS SB 668.

         Representative Schaaf offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Bill No. 668, Page 57, Section 578.407, Lines 12 to 25 of said page, by deleting all of said lines and inserting in lieu thereof the following:

          "(7) Intentionally or knowingly release or introduce any"; and

          Further amend said bill, Page 58, Section 578.409, Lines 9 and 10 of said page, by deleting all of said lines and inserting in lieu thereof the following:

          "(2) Shall be guilty of a class D felony if the loss, theft, or"; and

          Further amend said bill, Page 58, Section 578.409, Line 19 of said page, by deleting the number "(8)" and inserting in lieu thereof the number "(7)"; and

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

         Representative Johnson (90) offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Bill No. 668, Page 56, Section 578.405, Lines 10-13, by deleting all of said lines and inserting in lieu thereof the following: “are pastured, housed, or otherwise quartered;”; and on Page 57, Section 578.407, Lines 12-24, by deleting all of said lines; and on Line 25, by deleting the “(8)” and inserting in lieu thereof (7); and on Page 58, Section 578.409, Lines 9-10, by deleting the words “for a violation of subdivision (7) of section 578.407 or”; and on Page 58, Section 578.409, Line 19, by deleting the “(8)” and inserting in lieu thereof “(7)”; and

          Further amend title, enacting clause and intersectional references accordingly.

         On motion of Representative Johnson (90), House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.

         Representative Hobbs offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Bill No. 668, Page 68, Section 644.051, Lines 2 to 6 of said page, by deleting all of said lines and inserting in lieu thereof the following:

          "contrary, notices of violation shall not be issued for a release of a water contaminant from an animal confinement facility or the animal waste application system, excluding lagoons, that is totally confined on the owner's property, so long as it does not enter waters of the state and clean up begins within twenty-four hours and is remediated as soon as practicable."; and

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

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

         Representative Dempsey assumed the Chair.

         Representative Bringer offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Bill No. 668, Page 33, Section 265.300, Line 15 of said page, by inserting after all of said line the following:

          "266.141. 1. This section shall be known and may be cited as the "Missouri Seed Availability and Competition Act".

          2. Any farmer who plants patented seed and seeks to retain seed from the harvest of such planting for replanting on the farmer's property the following planting season shall register with the department of agriculture. Such farmer shall provide the department with the number of bushels of seed to be retained and pay a seven-dollar per bushel fee for the retention of such seed. Six dollars of the seven-dollar fee shall be collected by the department and paid on a quarterly basis to the person or persons holding the patent for the seed. One dollar of the seven-dollar fee may be used by the department for administrative costs associated with the registration of such seed. Any portion of the one-dollar fee not used by the department for administrative costs shall be deposited into a subaccount of the genetically engineered seed fund established in subsection 3 of this section and shall be subject to appropriation to the University of Missouri for agricultural research and development.

          3. There is hereby created in the state treasury the "Genetically Engineered Seed Fund", which shall consist of fees collected pursuant to this section. The fund shall be administered by the department of agriculture and all moneys in the fund shall be distributed by the department of agriculture in accordance with this section. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

          4. A farmer who plants such seed shall only be liable for any health, safety, and environmental impacts if such farmer intentionally or negligently fails to substantially follow the patent holder's and manufacturer's instructions and guidelines for planting such seed."; and

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

         Speaker Pro Tem Jetton resumed the Chair.

         Speaker Hanaway resumed the Chair.

         Representative Bringer moved that House Amendment No. 3 be adopted.

         Which motion was defeated by the following vote:

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         On motion of Representative Myers, HS HCS SB 668, as amended, was adopted.

         On motion of Representative Myers, HS HCS SB 668, as amended, was read the third time and passed by the following vote:

         Speaker Hanaway declared the bill passed.

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SCS SB 199, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

         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 SB 394, as amended, and has taken up and passed CCS HCS SB 394.

         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 SB 69, and has taken up and passed CCS HCS SCS SB 69.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SB 173, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.

         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 HS SCS SBs 299 & 40, as amended, and has taken up and passed CCS HS SCS SBs 299 & 40.

         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 No. 2 on HCS SB 552, and has taken up and passed SB 552.

BILLS CARRYING REQUEST MESSAGES

         HS HCS SB 173, as amended, relating to fire protection districts, was taken up by Representative Walton.

         Representative Walton moved that the House refuse to recede from its position on HS HCS SB 173, as amended, and grant the Senate a conference.

         Which motion was adopted.

          HS HCS SCS SB 199, as amended, relating to county government, was taken up by Representative Johnson (47).

         Representative Johnson (47) moved that the House refuse to recede from its position on HS HCS SCS SB 199, as amended, and grant the Senate a conference.

         Which motion was adopted.

          HS HCS SCS SB 686, as amended, relating to the transfers of school funds, was taken up by Representative Cunningham (86).

         Representative Cunningham (86) moved that the House refuse to recede from its position on HS HCS SCS SB 686, as amended, and grant the Senate a conference and the House conferees be allowed to exceed the differences.

         Representative Johnson (90) made a substitute motion that the House refuse to recede from its position on HS HCS SCS SB 686, as amended, and grant the Senate a conference and the House conferees be allowed to exceed the differences by allowing school districts to place on the ballot bond issues for the purposes of rebuilding property damaged by severe weather.

Which motion was adopted by the following vote: