HCS HB 1195, with HS, as amended, pending, was laid over.

            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. 1729 - Representative Cunningham (145)

            House Resolution No. 1730 - Representatives Phillips and Brown

            House Resolution No. 1731 - Representative Viebrock

House Resolution No. 1732 - Representatives Darrough and Walton

House Resolution No. 1733 - Representative Kelly (36)

            House Resolution No. 1734

                        and

            House Resolution No. 1735 - Representative Jackson

            House Resolution No. 1736 - Representative Moore

            House Resolution No. 1737 - Representative Bland

            House Resolution No. 1738 - Representatives Pratt and Rupp

            House Resolution No. 1739 - Representative Bruns

House Resolution No. 1740

                        through

House Resolution No. 1750 - Representative Lipke

House Resolution No. 1751

                        and

House Resolution No. 1752 - Representative Jetton

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

            The following House Concurrent Resolution was read the first time and copies ordered printed:

HCR 37, introduced by Representative Townley, to authorize the University of Missouri to enter into a long-term lease for certain property.

INTRODUCTION OF HOUSE BILLS

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

HB 1735, introduced by Representative Morris, relating to deferral of property tax owned by senior citizens.

HB 1736, introduced by Representative Cunningham (86), relating to the sale of methamphetamine precursor drugs.

HB 1737, introduced by Representatives Cunningham (86), Icet, Stefanick, St. Onge, Byrd, Portwood and Jackson, relating to school credit.

HB 1738, introduced by Representatives Parker, Hubbard and Hoskins, relating to contributions to certain nonprofit organizations with a health-related mission.

MESSAGE 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 SS#2 SS SCS HS HCS HB 1304, as amended, and grants the House 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#2 SS SCS HS HCS HB 1304: Representatives Byrd, Crowell, Jetton, Harris (23) and Johnson (90).

PERFECTION OF HOUSE BILLS

            HCS HB 1195, with HS, as amended, pending, relating to professional registration, was again taken up by Representative Behnen.

            Speaker Pro Tem Jetton assumed the Chair.

            Representative Bringer offered House Amendment No. 3.

            Representative Goodman raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            On motion of Representative Behnen, HS HCS HB 1195, as amended, was adopted.

            On motion of Representative Behnen, HS HCS HB 1195, as amended, was ordered perfected and printed.

            HB 1409, relating to enterprise zones, was taken up by Representative Dempsey.

            Representative Dempsey offered HS HB 1409.

            Representative Dempsey offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 1409, Section 135.155, Page 19, Line 21, by deleting all of said line and inserting in lieu thereof the following:

              “135.155. For facilities commencing operations on or after January 1,”; and

              Further amend said bill, Section 135.288, Page 29, Lines 10-13, by striking all of said lines; and

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

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

            Representative Lembke offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 1409, Page 71, Section 196.1104, Line 15 of said page, by inserting at the end of said line the following:

              "All moneys committed, contributed, or paid under the provisions of this section, that are derived from federal, state, or local taxes, from loans or grants of any federal, state, or local government or governmental authority, from loans or grants of a federal or state institution, instrumentality, or agency, from the proceeds of bonds issued by any public authority, from intergovernmental transfers, and from the adjudication or settlement of any claims or causes of action pursued by a federal, state, or local government or any agency thereof, shall be treated as if appropriated to the life sciences research board pursuant to sections 196.1100 to 196.1124, and shall be subject to the provisions of subsections 2 to 5 of section 196.1127."; and

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

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

            Representative Wilson (119) offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 1409, Pages 29 and 30, Section 135.484, Lines 14 to 25 and 1 to 24, by deleting all of said lines.

              Further amend said bill, Page 32, Section 135.546, Line 10, by inserting after all of said line the following:

              "135.900. As used in sections 135.900 to 135.910, the following terms mean:

              (1) "Department", the department of economic development;

              (2) "Director", the director of the department of economic development;

              (3) "Earned income", all income not derived from retirement accounts, pensions, or transfer payments;

              (4) "New business facility", the same meaning as such term is defined in section 135.100; except that the term "lease" as used therein shall not include the leasing of property defined in paragraph (d) of subdivision (6) of this section;

              (5) "Population", all residents living in an area who are not enrolled in any course at a college or university in the area;

              (6) "Revenue-producing enterprise":

              (a) Manufacturing activities classified as SICs 20 through 39;

              (b) Agricultural activities classified as SIC 025;

              (c) Rail transportation terminal activities classified as SIC 4013;

              (d) Renting or leasing of residential property to low- and moderate-income persons as defined in 42 U.S.C.A. 5302(a)(20);

              (e) Motor freight transportation terminal activities classified as SIC 4231;

              (f) Public warehousing and storage activities classified as SICs 422 and 423 except SIC 4221, miniwarehouse warehousing and warehousing self-storage;

              (g) Water transportation terminal activities classified as SIC 4491;

              (h) Airports, flying fields, and airport terminal services classified as SIC 4581;

              (i) Wholesale trade activities classified as SICs 50 and 51;

              (j) Insurance carriers activities classified as SICs 631, 632, and 633;

              (k) Research and development activities classified as SIC 873, except 8733;

              (l) Farm implement dealer activities classified as SIC 5999;

              (m) Employment agency activities classified as SIC 7361;

              (n) Computer programming, data processing, and other computer-related activities classified as SIC 737;

              (o) Health service activities classified as SICs 801, 802, 803, 804, 806, 807, 8092, and 8093;

              (p) Interexchange telecommunications as defined in subdivision (20) of section 386.020, RSMo, or training activities conducted by an interexchange telecommunications company as defined in subdivision (19) of section 386.020, RSMo;

              (q) Recycling activities classified as SIC 5093;

              (r) Banking activities classified as SICs 602 and 603;

              (s) Office activities as defined in subdivision (8) of section 135.100, notwithstanding SIC classification;

              (t) Mining activities classified as SICs 10 through 14;

              (u) The administrative management of any of the foregoing activities; or

              (v) Any combination of any of the foregoing activities;

              (8) "SIC", the standard industrial classification as such classifications are defined in the 1987 edition of the standard industrial classification manual as prepared by the executive office of the president, office of management and budget;

              (9) "Transfer payments", payments made under Medicaid, Medicare, Social Security, child support or custody agreements, and separation agreements.

              135.903. 1. To qualify as a rural empowerment zone, an area shall meet all the following criteria:

              (1) The area is one of pervasive poverty, unemployment, and general distress; 

              (2) At least sixty-five percent of the population has earned income below eighty percent of the median income of all residents within the state according to the last decennial census or other appropriate source as approved by the director;

              (3) The population of the area is at least four hundred but not more than three thousand five hundred at the time of designation as a rural empowerment zone;

              (4) The level of unemployment of persons, according to the most recent data available from the division of employment security or from the United States Bureau of Census and approved by the director, within the area exceeds one and one-half times the average rate of unemployment for the state of Missouri over the previous twelve months, or the percentage of area residents employed on a full-time basis is less than fifty percent of the statewide percentage of residents employed on a full-time basis;

              (5) The area is situated more than ten miles from any existing rural empowerment zone;

              (6) The area is situated in a third or fourth class county; and

              (7) The area is not situated in an existing enterprise zone.

              2. The governing body of any county in which an area may be designated a rural empowerment zone shall submit to the department an application showing that the area complies with the requirements of subsection 1 of this section. The department shall declare the area a rural empowerment zone if upon investigation the department finds that the area meets the requirements of subsection 1 of this section. If the area is found not to meet the requirements, the governing body shall have the opportunity to submit another application for designation as a rural empowerment zone and the department shall designate the area a rural empowerment zone if upon investigation the department finds that the area meets the requirements of subsection 1 of this section.

              135.910. All of the Missouri taxable income attributed to a new business facility in a rural empowerment zone which is earned by a taxpayer establishing and operating a new business facility located within a rural empowerment zone shall be exempt from taxation under chapter 143, RSMo, if such new business facility is responsible for the creation of ten new full-time jobs in the zone within one year from the date on which the tax abatement begins. All of the Missouri taxable income attributed to a revenue-producing enterprise in a rural empowerment zone which is earned by a taxpayer operating a revenue-producing enterprise located within a rural empowerment zone and employing nineteen or fewer full-time employees shall be exempt from taxation under chapter 143, RSMo, if such revenue-producing enterprise is responsible for the creation of five new full-time jobs in the zone within one year from the date on which the tax abatement begins. All of the Missouri taxable income attributed to a revenue-producing enterprise in a rural empowerment zone which is earned by a taxpayer operating a revenue-producing enterprise located within a rural empowerment zone and employing twenty or more full-time employees shall be exempt from taxation under chapter 143, RSMo, if such revenue-producing enterprise is responsible for the creation of a number of new full-time jobs in the zone equal to twenty-five percent of the number of full-time employees employed by the revenue-producing enterprise on the date on which tax abatement begins within one year from the date on which the tax abatement begins.

              135.911. The provisions of sections 135.900 to 135.910 shall expire on August 28, 2014."; and

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

            On motion of Representative Wilson (119), House Amendment No. 3 was adopted.

            Representative Young offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 1409, Section 135.262, Page 28, Line 19, by inserting the following after all of said line:

              “135.263. 1. In addition to any other enterprise zones authorized in this chapter, the department of economic development shall designate one enterprise zone in the portions of any city of the fourth classification with more than three thousand eight hundred but less than four thousand inhabitants and located in more than one county and any home rule city with more than one hundred thirteen thousand two hundred but less than one hundred thirteen thousand three hundred inhabitants which include a political subdivision that receives a portion of its funding from section 163.031, RSMo, and is located in part in ay home rule city with more than four hundred thousand inhabitants and located in more than one county. Such enterprise zone shall only be made if the area to be included in the enterprise zone meets all the requirements of section 135.205.

              2. In addition to any other enterprise zones authorized in this chapter, the department of economic development shall designate one such zone in a city of the fourth classification with more than thirty thousand three hundred but less than thirty thousand seven hundred inhabitants. Such enterprise zone shall only be made if the area to be included in the enterprise zone meets all the requirements of section 135.205.”; and

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

            On motion of Representative Young, House Amendment No. 4 was adopted.

            Representative Byrd offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Bill No. 1409, Page 54, Section 135.1077, Line 6, by inserting after said line the following:

              "144.030. 1. There is hereby specifically exempted from the provisions of sections 144.010 to 144.525 and from the computation of the tax levied, assessed or payable pursuant to sections 144.010 to 144.525 such retail sales as may be made in commerce between this state and any other state of the United States, or between this state and any foreign country, and any retail sale which the state of Missouri is prohibited from taxing pursuant to the Constitution or laws of the United States of America, and such retail sales of tangible personal property which the general assembly of the state of Missouri is prohibited from taxing or further taxing by the constitution of this state.

              2. There are also specifically exempted from the provisions of the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745 and from the computation of the tax levied, assessed or payable pursuant to the local sales tax law as defined in section 32.085, RSMo, section 238.235, RSMo, and sections 144.010 to 144.525 and 144.600 to 144.745:

              (1) Motor fuel or special fuel subject to an excise tax of this state, unless all or part of such excise tax is refunded pursuant to section 142.584, RSMo; or upon the sale at retail of fuel to be consumed in manufacturing or creating gas, power, steam, electrical current or in furnishing water to be sold ultimately at retail; or feed for livestock or poultry; or grain to be converted into foodstuffs which are to be sold ultimately in processed form at retail; or seed, limestone or fertilizer which is to be used for seeding, liming or fertilizing crops which when harvested will be sold at retail or will be fed to livestock or poultry to be sold ultimately in processed form at retail; economic poisons registered pursuant to the provisions of the Missouri pesticide registration law (sections 281.220 to 281.310, RSMo) which are to be used in connection with the growth or production of crops, fruit trees or orchards applied before, during, or after planting, the crop of which when harvested will be sold at retail or will be converted into foodstuffs which are to be sold ultimately in processed form at retail;

              (2) Materials, manufactured goods, machinery and parts which when used in manufacturing, processing, compounding, mining, producing or fabricating become a component part or ingredient of the new personal property resulting from such manufacturing, processing, compounding, mining, producing or fabricating and which new personal property is intended to be sold ultimately for final use or consumption; and materials, including without limitation, gases and manufactured goods, including without limitation, slagging materials and firebrick, which are ultimately consumed in the manufacturing process by blending, reacting or interacting with or by becoming, in whole or in part, component parts or ingredients of steel products intended to be sold ultimately for final use or consumption;

              (3) Materials, replacement parts and equipment purchased for use directly upon, and for the repair and maintenance or manufacture of, motor vehicles, watercraft, railroad rolling stock or aircraft engaged as common carriers of persons or property;

              (4) Replacement machinery, equipment, and parts and the materials and supplies solely required for the installation or construction of such replacement machinery, equipment, and parts, used directly in manufacturing, mining, fabricating or producing a product which is intended to be sold ultimately for final use or consumption; and machinery and equipment, and the materials and supplies required solely for the operation, installation or construction of such machinery and equipment, purchased and used to establish new, or to replace or expand existing, material recovery processing plants in this state. For the purposes of this subdivision, a "material recovery processing plant" means a facility which converts recovered materials into a new product, or a different form which is used in producing a new product, and shall include a facility or equipment which is used exclusively for the collection of recovered materials for delivery to a material recovery processing plant but shall not include motor vehicles used on highways. For purposes of this section, the terms "motor vehicle" and "highway" shall have the same meaning pursuant to section 301.010, RSMo;

              (5) Machinery and equipment, and parts and the materials and supplies solely required for the installation or construction of such machinery and equipment, purchased and used to establish new or to expand existing manufacturing, mining or fabricating plants in the state if such machinery and equipment is used directly in manufacturing, mining or fabricating a product which is intended to be sold ultimately for final use or consumption;

              (6) Tangible personal property which is used exclusively in the manufacturing, processing, modification or assembling of products sold to the United States government or to any agency of the United States government;

              (7) Animals or poultry used for breeding or feeding purposes;

              (8) Newsprint, ink, computers, photosensitive paper and film, toner, printing plates and other machinery, equipment, replacement parts and supplies used in producing newspapers published for dissemination of news to the general public, provided, however, that this exemption shall not apply to the purchase of said products by a publicly traded company, if said company, or its parent company, has annual operating revenues in excess of two hundred fifty million dollars and a Missouri based average daily newspaper circulation in excess of two hundred thousand;

              (9) The rentals of films, records or any type of sound or picture transcriptions for public commercial display;

              (10) Pumping machinery and equipment used to propel products delivered by pipelines engaged as common carriers;

              (11) Railroad rolling stock for use in transporting persons or property in interstate commerce and motor vehicles licensed for a gross weight of twenty-four thousand pounds or more or trailers used by common carriers, as defined in section 390.020, RSMo, solely in the transportation of persons or property in interstate commerce;

              (12) Electrical energy used in the actual primary manufacture, processing, compounding, mining or producing of a product, or electrical energy used in the actual secondary processing or fabricating of the product, or a material recovery processing plant as defined in subdivision (4) of this subsection, in facilities owned or leased by the taxpayer, if the total cost of electrical energy so used exceeds ten percent of the total cost of production, either primary or secondary, exclusive of the cost of electrical energy so used or if the raw materials used in such processing contain at least twenty-five percent recovered materials as defined in section 260.200, RSMo. For purposes of this subdivision, "processing" means any mode of treatment, act or series of acts performed upon materials to transform and reduce them to a different state or thing, including treatment necessary to maintain or preserve such processing by the producer at the production facility;

              (13) Anodes which are used or consumed in manufacturing, processing, compounding, mining, producing or fabricating and which have a useful life of less than one year;

              (14) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring air pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the air conservation commission which may uphold or reverse such action;

              (15) Machinery, equipment, appliances and devices purchased or leased and used solely for the purpose of preventing, abating or monitoring water pollution, and materials and supplies solely required for the installation, construction or reconstruction of such machinery, equipment, appliances and devices, and so certified as such by the director of the department of natural resources, except that any action by the director pursuant to this subdivision may be appealed to the Missouri clean water commission which may uphold or reverse such action;

              (16) Tangible personal property purchased by a rural water district;

              (17) All amounts paid or charged for admission or participation or other fees paid by or other charges to individuals in or for any place of amusement, entertainment or recreation, games or athletic events, including museums, fairs, zoos and planetariums, owned or operated by a municipality or other political subdivision where all the proceeds derived therefrom benefit the municipality or other political subdivision and do not inure to any private person, firm, or corporation;

              (18) All sales of insulin and prosthetic or orthopedic devices as defined on January 1, 1980, by the federal Medicare program pursuant to Title XVIII of the Social Security Act of 1965, including the items specified in Section 1862(a)(12) of that act, and also specifically including hearing aids and hearing aid supplies and all sales of drugs which may be legally dispensed by a licensed pharmacist only upon a lawful prescription of a practitioner licensed to administer those items, including samples and materials used to manufacture samples which may be dispensed by a practitioner authorized to dispense such samples and all sales of medical oxygen, home respiratory equipment and accessories, hospital beds and accessories and ambulatory aids, all sales of manual and powered wheelchairs, stairway lifts, Braille writers, electronic Braille equipment and, if purchased by or on behalf of a person with one or more physical or mental disabilities to enable them to function more independently, all sales of scooters, reading machines, electronic print enlargers and magnifiers, electronic alternative and augmentative communication devices, and items used solely to modify motor vehicles to permit the use of such motor vehicles by individuals with disabilities or sales of over-the-counter or nonprescription drugs to individuals with disabilities;

              (19) All sales made by or to religious and charitable organizations and institutions in their religious, charitable or educational functions and activities and all sales made by or to all elementary and secondary schools operated at public expense in their educational functions and activities;

              (20) All sales of aircraft to common carriers for storage or for use in interstate commerce and all sales made by or to not-for-profit civic, social, service or fraternal organizations, including fraternal organizations which have been declared tax- exempt organizations pursuant to Section 501(c)(8) or (10) of the 1986 Internal Revenue Code, as amended, solely in their civic or charitable functions and activities and all sales made to eleemosynary and penal institutions and industries of the state, and all sales made to any private not-for-profit institution of higher education not otherwise excluded pursuant to subdivision (19) of this subsection or any institution of higher education supported by public funds, and all sales made to a state relief agency in the exercise of relief functions and activities;

              (21) All ticket sales made by benevolent, scientific and educational associations which are formed to foster, encourage, and promote progress and improvement in the science of agriculture and in the raising and breeding of animals, and by nonprofit summer theater organizations if such organizations are exempt from federal tax pursuant to the provisions of the Internal Revenue Code and all admission charges and entry fees to the Missouri state fair or any fair conducted by a county agricultural and mechanical society organized and operated pursuant to sections 262.290 to 262.530, RSMo;

              (22) All sales made to any private not-for-profit elementary or secondary school, all sales of feed additives, medications or vaccines administered to livestock or poultry in the production of food or fiber, all sales of pesticides used in the production of crops, livestock or poultry for food or fiber, all sales of bedding used in the production of livestock or poultry for food or fiber, all sales of propane or natural gas, electricity or diesel fuel used exclusively for drying agricultural crops, natural gas used in the primary manufacture or processing of fuel ethanol as defined in section 142.028, RSMo, and all sales of farm machinery and equipment, other than airplanes, motor vehicles and trailers. As used in this subdivision, the term "feed additives" means tangible personal property which, when mixed with feed for livestock or poultry, is to be used in the feeding of livestock or poultry. As used in this subdivision, the term "pesticides" includes adjuvants such as crop oils, surfactants, wetting agents and other assorted pesticide carriers used to improve or enhance the effect of a pesticide and the foam used to mark the application of pesticides and herbicides for the production of crops, livestock or poultry. As used in this subdivision, the term "farm machinery and equipment" means new or used farm tractors and such other new or used farm machinery and equipment and repair or replacement parts thereon, and supplies and lubricants used exclusively, solely, and directly for producing crops, raising and feeding livestock, fish, poultry, pheasants, chukar, quail, or for producing milk for ultimate sale at retail and one-half of each purchaser's purchase of diesel fuel therefor which is:

              (a) Used exclusively for agricultural purposes;

              (b) Used on land owned or leased for the purpose of producing farm products; and

              (c) Used directly in producing farm products to be sold ultimately in processed form or otherwise at retail or in producing farm products to be fed to livestock or poultry to be sold ultimately in processed form at retail;

              (23) Except as otherwise provided in section 144.032, all sales of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil for domestic use and in any city not within a county, all sales of metered or unmetered water service for domestic use;

              (a) "Domestic use" means that portion of metered water service, electricity, electrical current, natural, artificial or propane gas, wood, coal or home heating oil, and in any city not within a county, metered or unmetered water service, which an individual occupant of a residential premises uses for nonbusiness, noncommercial or nonindustrial purposes. Utility service through a single or master meter for residential apartments or condominiums, including service for common areas and facilities and vacant units, shall be deemed to be for domestic use. Each seller shall establish and maintain a system whereby individual purchases are determined as exempt or nonexempt;

              (b) Regulated utility sellers shall determine whether individual purchases are exempt or nonexempt based upon the seller's utility service rate classifications as contained in tariffs on file with and approved by the Missouri public service commission. Sales and purchases made pursuant to the rate classification "residential" and sales to and purchases made by or on behalf of the occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, shall be considered as sales made for domestic use and such sales shall be exempt from sales tax. Sellers shall charge sales tax upon the entire amount of purchases classified as nondomestic use. The seller's utility service rate classification and the provision of service thereunder shall be conclusive as to whether or not the utility must charge sales tax;

              (c) Each person making domestic use purchases of services or property and who uses any portion of the services or property so purchased for a nondomestic use shall, by the fifteenth day of the fourth month following the year of purchase, and without assessment, notice or demand, file a return and pay sales tax on that portion of nondomestic purchases. Each person making nondomestic purchases of services or property and who uses any portion of the services or property so purchased for domestic use, and each person making domestic purchases on behalf of occupants of residential apartments or condominiums through a single or master meter, including service for common areas and facilities and vacant units, under a nonresidential utility service rate classification may, between the first day of the first month and the fifteenth day of the fourth month following the year of purchase, apply for credit or refund to the director of revenue and the director shall give credit or make refund for taxes paid on the domestic use portion of the purchase. The person making such purchases on behalf of occupants of residential apartments or condominiums shall have standing to apply to the director of revenue for such credit or refund;

              (24) All sales of handicraft items made by the seller or the seller's spouse if the seller or the seller's spouse is at least sixty-five years of age, and if the total gross proceeds from such sales do not constitute a majority of the annual gross income of the seller;

              (25) Excise taxes, collected on sales at retail, imposed by Sections 4041, 4061, 4071, 4081, 4091, 4161, 4181, 4251, 4261 and 4271 of Title 26, United States Code. The director of revenue shall promulgate rules pursuant to chapter 536, RSMo, to eliminate all state and local sales taxes on such excise taxes;

              (26) Sales of fuel consumed or used in the operation of ships, barges, or waterborne vessels which are used primarily in or for the transportation of property or cargo, or the conveyance of persons for hire, on navigable rivers bordering on or located in part in this state, if such fuel is delivered by the seller to the purchaser's barge, ship, or waterborne vessel while it is afloat upon such river;

              (27) All sales made to an interstate compact agency created pursuant to sections 70.370 to 70.430, RSMo, or sections 238.010 to 238.100, RSMo, in the exercise of the functions and activities of such agency as provided pursuant to the compact;

              (28) Computers, computer software and computer security systems purchased for use by architectural or engineering firms headquartered in this state. For the purposes of this subdivision, "headquartered in this state" means the office for the administrative management of at least four integrated facilities operated by the taxpayer is located in the state of Missouri;

              (29) All livestock sales when either the seller is engaged in the growing, producing or feeding of such livestock, or the seller is engaged in the business of buying and selling, bartering or leasing of such livestock;

              (30) All sales of barges which are to be used primarily in the transportation of property or cargo on interstate waterways;

              (31) Electrical energy or gas, whether natural, artificial or propane, which is ultimately consumed in connection with the manufacturing of cellular glass products;

              (32) Notwithstanding other provisions of law to the contrary, all sales of pesticides or herbicides used in the production of crops, aquaculture, livestock or poultry;

              (33) Tangible personal property purchased for use or consumption directly or exclusively in the research and development of prescription pharmaceuticals consumed by humans or animals;

              (34) All sales of grain bins for storage of grain for resale;

              (35) All sales of feed which are developed for and used in the feeding of pets owned by a commercial breeder when such sales are made to a commercial breeder, as defined in section 273.325, RSMo, and licensed pursuant to sections 273.325 to 273.357, RSMo;

              (36) All purchases by a contractor on behalf of an entity located in another state, provided that the entity is authorized to issue a certificate of exemption for purchases to a contractor under the provisions of that state's laws. For purposes of this subdivision, the term "certificate of exemption" shall mean any document evidencing that the entity is exempt from sales and use taxes on purchases pursuant to the laws of the state in which the entity is located. Any contractor making purchases on behalf of such entity shall maintain a copy of the entity's exemption certificate as evidence of the exemption. If the exemption certificate issued by the exempt entity to the contractor is later determined by the director of revenue to be invalid for any reason and the contractor has accepted the certificate in good faith, neither the contractor or the exempt entity shall be liable for the payment of any taxes, interest and penalty due as the result of use of the invalid exemption certificate. Materials shall be exempt from all state and local sales and use taxes when purchased by a contractor for the purpose of fabricating tangible personal property which is used in fulfilling a contract for the purpose of constructing, repairing or remodeling facilities for the following:

              (a) An exempt entity located in this state, if the entity is one of those entities able to issue project exemption certificates in accordance with the provisions of section 144.062; or

              (b) An exempt entity located outside the state if the exempt entity is authorized to issue an exemption certificate to contractors in accordance with the provisions of that state's law and the applicable provisions of this section;

              (37) Tangible personal property purchased for use or consumption directly or exclusively in research or experimentation activities performed by life science companies and so certified as such by the director of the department of economic development or the director's designees; except that, the total amount of exemptions certified pursuant to this section shall not exceed one million three hundred thousand dollars in state and local taxes per fiscal year. For purposes of this subdivision, the term "life science companies" means companies whose primary research activities are in agriculture, pharmaceuticals, biomedical or food ingredients, and whose North American Industry Classification System (NAICS) Codes fall under industry 541710 (biotech research or development laboratories), 621511 (medical laboratories) or 541940 (veterinary services). The exemption provided by this subdivision shall expire on June 30, 2003."; and

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

            Representative Rector assumed the Chair.

            Speaker Pro Tem Jetton resumed the Chair.

            On motion of Representative Byrd, House Amendment No. 5 was adopted by the following vote:

            Representative Johnson (90) requested a verification of the roll call on the motion to adopt House Amendment No. 5.

            Representative Angst offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Bill No. 1409, Page 19, Section 100.850, Line 16, by deleting the word “eighteen” and inserting in lieu thereof the word “fifteen”; and

              Further amend said bill, Page 49, Section 135.1070, Line 13, by deleting the word “four” and inserting in lieu thereof the word “seven”; and

              Further amend said bill, Section 196.1104, Page 71, Line 15, by inserting after all of said line the following:

              “Section 1. All enterprise zones designated before January 1, 2006 shall be eligible to receive the tax benefits under sections 135.1050 through 135.1075.”; and

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

            On motion of Representative Angst, House Amendment No. 6 was adopted.

            Representative Selby offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Bill No. 1409, Page 27, Section 135.217, Line 19, by inserting after said line the following:

              “135.218. In addition to any other enterprise zones authorized pursuant to this chapter, the department of economic development shall designate one enterprise zone that shall have boundaries that are the same as any city of the fourth classification with more than five thousand four hundred but less than five thousand five hundred inhabitants and located in more than one county. Such enterprise zone designation shall only be made if the area that is to be included in the enterprise zone meets all the requirements of section 135.205.

              135.219. In addition to any other enterprise zones authorized pursuant to this chapter, the department of economic development shall designate one enterprise zone that shall have boundaries that are the same as any city of the fourth classification with more than four thousand three hundred but less than four thousand five hundred located in a county of the first classification with more than ninety-three thousand eight hundred but less than ninety-three thousand nine hundred inhabitants. Such enterprise zone designation shall only be made if the area that is to be included in the enterprise zone meets all the requirements of section 135.205.”; and

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

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

            Representative Stevenson offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Bill No. 1409, Page 10, Section 32.110, Line 6, by inserting after all of said line the following:

              "67.1303. 1. The governing body of any home rule city with more than forty-five thousand five hundred but less than forty-five thousand nine hundred inhabitants and the governing body of any city within any county of the first classification with more than one hundred four thousand six hundred but less than one hundred four thousand seven hundred inhabitants and the governing body of any county of the third classification without a township form of government and with more than forty thousand eight hundred but less than forty thousand nine hundred inhabitants may impose, by order or ordinance, a sales tax on all retail sales made in the city or county which are subject to sales tax under chapter 144, RSMo. The tax authorized in this section shall not be more than one-half of one percent. The order or ordinance imposing the tax shall not become effective unless the governing body of the city or county submits to the voters of the city or county at a state general or primary election a proposal to authorize the governing body to impose a tax under this section. The tax authorized in this section shall be in addition to all other sales taxes imposed by law, and shall be stated separately from all other charges and taxes.

              2. The ballot of submission for the tax authorized in this section shall be in substantially the following form:

              Shall ...... (insert the name of the city or county) impose a sales tax at a rate of ...... (insert rate of percent) percent for economic development purposes?

                                           □ YES                               □ NO

If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the question, then the tax shall become effective on the first day of the second calendar quarter following the calendar quarter in which the election was held. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the question, then the tax shall not become effective unless and until the question is resubmitted under this section to the qualified voters and such question is approved by a majority of the qualified voters voting on the question, provided that no proposal shall be resubmitted to the voters sooner than twelve months from the date of the submission of the last proposal.

              3. No revenue generated by the tax authorized in this section shall be used for any retail development project. At least twenty percent of the revenue generated by the tax authorized in this section shall be used solely for projects directly related to long-term economic development preparation, including, but not limited to, the following:

              (1) Acquisition of land;

              (2) Installation of infrastructure for industrial or business parks;

              (3) Improvement of water and wastewater treatment capacity;

              (4) Extension of streets;

              (5) Providing matching dollars for state or federal grants;

              (6) Marketing;

              (7) Providing grants and low-interest loans to companies for job training, equipment acquisition, site development, and infrastructure.

Not more than twenty-five percent of the revenue generated may be used annually for administrative purposes, including staff and facility costs.

              4. All revenue generated by the tax shall be deposited in a special trust fund and shall be used solely for the designated purposes. If the tax is repealed, all funds remaining in the special trust fund shall continue to be used solely for the designated purposes. Any funds in the special trust fund which are not needed for current expenditures may be invested by the governing body in accordance with applicable laws relating to the investment of other city or county funds.

              5. Any city or county imposing the tax authorized in this section shall establish an economic development tax board. The board shall consist of eleven members, to be appointed as follows:

              (1) Two members shall be appointed by the school boards whose districts are included within any economic development plan or area funded by the sales tax authorized in this section. Such members shall be appointed in any manner agreed upon by the affected districts;

              (2) One member shall be appointed, in any manner agreed upon by the affected districts, to represent all other districts levying ad valorem taxes within the area selected for an economic development project or area funded by the sales tax authorized in this section, excluding representatives of the governing body of the city or county;

              (3) One member shall be appointed by the largest public school district in the city or county;

              (4) In each city or county, five members shall be appointed by the chief elected officer of the city or county with the consent of the majority of the governing body of the city or county;

              (5) In each city, two members shall be appointed by the governing body of the county in which the city is located. In each county, two members shall be appointed by the governing body of the county.

At the option of the members appointed by a city or county the members who are appointed by the school boards and other taxing districts may serve on the board for a term to coincide with the length of time an economic development project, plan, or designation of an economic development area is considered for approval by the board, or for the definite terms as provided in this subsection. If the members representing school districts and other taxing districts are appointed for a term coinciding with the length of time an economic development project, plan, or area is approved, such term shall terminate upon final approval of the project, plan, or designation of the area by the governing body of the city or county. If any school district or other taxing jurisdiction fails to appoint members of the board within thirty days of receipt of written notice of a proposed economic development plan, economic development project, or designation of an economic development area, the remaining members may proceed to exercise the power of the board. Of the members first appointed by the city or county, three shall be designated to serve for terms of two years, three shall be designated to serve for a term of three years, and the remaining members shall be designated to serve for a term of four years from the date of such initial appointments. Thereafter, the members appointed by the city or county shall serve for a term of four years, except that all vacancies shall be filled for unexpired terms in the same manner as were the original appointments.

              6. The board, subject to approval of the governing body of the city or county, shall develop economic development plans, economic development projects, or designations of an economic development area, and shall hold public hearings and provide notice of any such hearings. The board shall vote on all proposed economic development plans, economic development projects, or designations of an economic development area, and amendments thereto, within thirty days following completion of the hearing on any such plan, project, or designation, and shall make recommendations to the governing body within ninety days of the hearing concerning the adoption of or amendment to economic development plans, economic development projects, or designations of an economic development area.

              7. The board shall report at least annually to the governing body of the city or county on the use of the funds provided under this section and on the progress of any plan, project, or designation adopted under this section.

              8. The governing body of any city or county that has adopted the sales tax authorized in this section may submit the question of repeal of the tax to the voters on any date available for elections for the city or county. The ballot of submission shall be in substantially the following form:

              Shall ...... (insert the name of the city or county) repeal the sales tax imposed at a rate of ...... (insert rate of percent) percent for economic development purposes?

                                           □ YES                                □ NO

If a majority of the votes cast on the proposal are in favor of repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the sales tax authorized in this section shall remain effective until the question is resubmitted under this section to the qualified voters of the city or county, and the repeal is approved by a majority of the qualified voters voting on the question.

              9. Whenever the governing body of any city or county that has adopted the sales tax authorized in this section receives a petition, signed by ten percent of the registered voters of the city or county voting in the last gubernatorial election, calling for an election to repeal the sales tax imposed under this section, the governing body shall submit to the voters a proposal to repeal the tax. If a majority of the votes cast on the question by the qualified voters voting thereon are in favor of the repeal, that repeal shall become effective on December thirty-first of the calendar year in which such repeal was approved. If a majority of the votes cast on the question by the qualified voters voting thereon are opposed to the repeal, then the tax shall remain effective until the question is resubmitted under this section to the qualified voters and the repeal is approved by a majority of the qualified voters voting on the question."; and

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

            On motion of Representative Stevenson, House Amendment No. 8 was adopted by the following vote:

            Representative Seigfreid offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Bill No. 1409, Section 32.105, Page 6, Line 17, by striking from said line the open bracket “[“; and

              Further amend said section, Page 7, Line 2, by striking from said line the closed bracket “]”; and

              Further amend said section by renumbering all subdivisions appropriately; and

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

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

            Representative Smith (118) offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Bill No. 1409, Page 26, Section 135.214, Line 25, by inserting after all of said line the following:

              "135.215. 1. Improvements made to "real property" as such term is defined in section 137.010, RSMo, which are made in an enterprise zone subsequent to the date such zone or expansion thereto was designated, may upon approval of an authorizing resolution by the governing authority having jurisdiction of the area in which the improvements are made, be exempt, in whole or in part, from assessment and payment of ad valorem taxes of one or more affected political subdivisions, provided that, except as to the exemption allowed under subsection 3 of this section, at least fifty new jobs that provide an average of at least thirty-five hours of employment per week per job are created and maintained at the new or expanded facility. Such authorizing resolution shall specify the percent of the exemption to be granted, the duration of the exemption to be granted, and the political subdivisions to which such exemption is to apply and any other terms, conditions or stipulations otherwise required. A copy of the resolution shall be provided the director within thirty calendar days following adoption of the resolution by the governing authority.

              2. No exemption shall be granted until the governing authority holds a public hearing for the purpose of obtaining the opinions and suggestions of residents of political subdivisions to be affected by the exemption from property taxes. The governing authority shall send, by certified mail, a notice of such hearing to each political subdivision in the area to be affected and shall publish notice of such hearing in a newspaper of general circulation in the area to be affected by the exemption at least twenty days prior to the hearing but not more than thirty days prior to the hearing. Such notice shall state the time, location, date and purpose of the hearing.

              3. Notwithstanding subsection 1 of this section, at least one-half of the ad valorem taxes otherwise imposed on subsequent improvements to real property located in an enterprise zone shall become and remain exempt from assessment and payment of ad valorem taxes of any political subdivision of this state or municipality thereof for a period of not less than ten years following the date such improvements were assessed, provided the improved properties are used for assembling, fabricating, processing, manufacturing, mining, warehousing or distributing properties.

              4. No exemption shall be granted for a period more than twenty-five years following the date on which the original enterprise zone was designated by the department.

              5. The provisions of subsection 1 of this section shall not apply to improvements made to real property which have been started prior to August 28, 1991.

              6. The mandatory abatement referred to in this section shall not relieve the assessor or other responsible official from ascertaining the amount of the equalized assessed value of all taxable property annually as required by section 99.855, RSMo, and shall not have the effect of reducing the payments in lieu of taxes referred to in subdivision (2) of section 99.845, RSMo, unless such reduction is set forth in the plan approved by the governing body of the municipality pursuant to subdivision (1) of section 99.820, RSMo.

              7. Any business existing in an enterprise zone on the effective date of this section shall recertify for the abatement and exemption. Effective August 28, 2004, any abatement or exemption provided for in this section on an individual parcel of real property shall cease after a period of thirty days of business closure, work stoppage, major reduction in force, or a significant change in the type of business conducted at that location. For the purposes of this subsection, "work stoppage" shall not include strike or lockout or time necessary to retool a plant, and "major reduction in force" is defined as a seventy-five percent or greater reduction. Any owner or new owner may reapply, but cannot receive the abatement or exemption for any period of time beyond the original life of the enterprise zone."; and

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

            On motion of Representative Smith (118), House Amendment No. 10 was adopted.

            Representative Myers offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Bill No. 1409, Page 68, Section 196.1104, Line 23, by inserting the following in the appropriate location:

              Add after (ELSRC) the words “including agricultural life science positions”.

            On motion of Representative Myers, House Amendment No. 11 was adopted.

            Representative Crowell moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Dempsey, HS HB 1409, as amended, was adopted.

            On motion of Representative Dempsey, HS HB 1409, as amended, was ordered perfected and printed.

            HCS HBs 1477 & 1563, relating to the Missouri Hospital Infection Control Act, was taken up by Representative Schaaf.

            Representative Schaaf offered HS HCS HBs 1477 & 1563.

            Representative Pratt resumed the Chair.

            Representative Schoemehl offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1477 & 1563, Page 14, Section 192.667, Line 16 of said page, by deleting the word “may” and inserting in lieu thereof the words “shall be authorized to”; and

              Further amend said bill, Page 16, Section 197.150, Line 18 of said page, by inserting after the word “the” the word “facility’s”; and

              Further amend said bill, Page 20, Section 197.165, Line 25 of said page, by deleting the words “a public member” and inserting in lieu thereof the words “two public members”.

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

            On motion of Representative Schaaf, HS HCS HBs 1477 & 1563, as amended, was adopted.

            On motion of Representative Schaaf, HS HCS HBs 1477 & 1563, as amended, was ordered perfected and printed.

            HCS HB 1403, relating to amusement rides, was taken up by Representative Moore.

            Representative Skaggs offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1403, Page 5, Section 316.233, Line 12, by inserting after said line the following:

              “319.520. 1. For purposes of this section, the following terms mean:

              (1) “Disaster or emergency”, includes, but is not limited to, fires, floods or flash floods, tornados, winter storms, earthquakes, explosions, or loss of utility services;

              (2) “Emergency management plan”, a coordinated process for responding to an emergency, providing for life safety, property protection, notification and warning, evacuation routes and exits, and similar considerations;

              (3) “Amusement park”, any privately owned commercial operation offering amusement rides for fee located in a fixed location with annual gross sales in excess of three million dollars.

              2. Any amusement park located in this state shall develop an emergency management plan to provide a process for responding to a disaster or emergency. The plan shall be submitted to the office of the state fire marshal within six months after the effective date of this section and shall be posted in a conspicuous location at the amusement park.”; and

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

            Speaker Hanaway resumed the Chair.

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

            Representative Graham offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1403, Page 5, Section 316.233, Line 12, by inserting after said line the following:

              “316.238. All rock climbing walls over ten feet tall operated in this state, except as provided in paragragh (d) and (e) of subdivision (1) of section 316.203, shall be subject to the same rules and regulations as amusement rides pursuant to sections 316.200 to 316.238.”; and

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

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

            On motion of Representative Moore, HCS HB 1403, as amended, was adopted.

            On motion of Representative Moore, HCS HB 1403, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

            The following House Concurrent Resolution was referred to the Committee indicated:

HCR 35 - Special Committee on General Laws

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 1021 - Budget

HB 1707 - Small Business

RE-REFERRAL OF HOUSE BILL

            The following House Bill was re-referred to the Committee indicated:

HB 1678 - Small Business

REFERRAL OF SENATE CONCURRENT RESOLUTION

            The following Senate Concurrent Resolution was referred to the Committee indicated:

SCR 24 - Children and Families

RE-REFERRAL OF SENATE BILL

            The following Senate Bill was re-referred to the Committee indicated:

SCS SB 758 - Local Government

COMMITTEE REPORTS

            Committee on Agriculture, Chairman Myers reporting:

            Madam Speaker: Your Committee on Agriculture, to which was referred HB 1093, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Communications, Energy and Technology, Chairman Rector reporting:

            Madam Speaker: Your Committee on Communications, Energy and Technology, to which was referred SCS SB 878, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

            Committee on Ethics, Chairman Crowell reporting:

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

TO:                      Representative Jason Crowell

                            Chairman, House Ethics Committee

FROM:                Representative Jerry R. King

DATE:                 March 8, 2004

SUBJECT:          Dairy Caucus

In accordance with Section 105.473.3(2)(c)d RSMo, I am requesting the addition of Representative Belinda Harris as a member to the Missouri House Dairy Caucus.

Thank you very much for your time and attention to this matter.

/s/ Belinda Harris (110)

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

TO:                      Representative Jason Crowell

                            Chair Ethics Committee

FROM:                Representative Jim Viebrock

DATE:                 March 11, 2004

RE:                      FFA Caucus

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

Representative                                                District

/s/ Jim Viebrock                                             134

/s/ Larry Taylor                                              68

/s/ Jerry King                                                  125

/s/ Jim Guest                                                   5

/s/ Brian Munzlinger                                      1

/s/ Steve Hunter                                              127

/s/ Jerry Bough                                               142

/s/ David Pearce                                              121

/s/ Tom Self                                                    116

/s/ Larry Wilson                                             119

/s/ Mike Sutherland                                        99

/s/ Steve Hobbs                                               21

/s/ Mike Dethrow                                           153

/s/ Charlie Schlottach                                     111

/s/ Jay Wasson                                                141

/s/ Maynard Wallace                                      143

/s/ John Quinn                                                7

/s/ Bob May                                                    149

/s/ Peter Myers                                                160

/s/ Vicki Schneider                                         17

/s/ Otto Bean, Jr.                                             163

/s/ Merrill Townley                                        112

/s/ Bob Dixon                                                 140

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

TO:                      Representative Jason Crowell, Chairman

                            House Ethics Committee

FROM:                Representative Shannon Cooper

                            House Chair Caucus

DATE:                 March 8, 2004

RE:                      House Chair Caucus

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

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

I will serve as the designated member to present this request to the Committee. Please contact me at (573) 751-1484 if you have any questions concerning this caucus organization.

House Committee Chairs

Administration & Accounts                                                                       /s/ Ronnie Miller, District 133

Agriculture                                                                                                /s/ Peter Myers, District 160

Appropriations - Agriculture and Natural Resources                                /s/ John Quinn, District 7

Appropriations - Education                                                                       /s/ Kathlyn Fares, District 91

Appropriations - General Administration                                                  /s/ Bradley Roark, District 139

Appropriations - Health, Mental Health and Social Services                    /s/ Chuck Purgason, District 151

Appropriations - Public Safety and Corrections                                        /s/ Danie Moore, District 20

Appropriations - Transportation and Economic Development                  /s/ Lanie Black, District 161

Budget                                                                                                       /s/ Carl Bearden, District 16

Children and Families                                                                               /s/ Susan Phillips, District 32

Communications, Energy and Technology                                               /s/ Rex Rector, District 124

Conservation and Natural Resources                                                         /s/ Merrill Townley, District 112

Corrections and State Institutions                                                              /s/ Van Kelly, District 144

Crime Prevention and Public Safety                                                          /s/ Robert Mayer, District 159

Education                                                                                                   /s/ Jane Cunningham, District 86

Elections                                                                                                    /s/ Bob May, District 149

Ethics                                                                                                         /s/ Jason Crowell, District 158

Financial Services                                                                                      /s/ Blaine Luetkemeyer, District 115

Health Care Policy                                                                                     /s/ Roy Holand, District 135

Homeland Security and Veterans Affairs                                                  /s/ Jack Jackson, District 89

Job Creation and Economic Development                                                /s/ Tom Dempsey, District 18

Judiciary                                                                                                    /s/ Richard Byrd, District 94

Local Government                                                                                     /s/ Robert Thane Johnson, District 47

Professional Registration and Licensing                                                   /s/ Bob Behnen, District 2

Retirement                                                                                                 /s/ Todd Smith, District 118

Senior Security                                                                                          /s/ Dr. Charles Portwood, District 92

Small Business                                                                                          /s/ Neal St. Onge, District 88

Tax Policy                                                                                                 /s/ Shannon Cooper, District 120

Tourism and Cultural Affairs                                                                    /s/ B. J. Marsh, District 136

Transportation and Motor Vehicles                                                           /s/ Larry Crawford, District 117

Workforce Development and Workplace Safety                                       /s/ Steve Hunter, District 127

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

                                                            March 31, 2004

The Honorable Jason Crowell

Chairman, Rules Committee

State Capitol Building

Jefferson City, Missouri 65101

Dear Rep. Crowell:

              Please accept the request for the undersigned Representatives to form the Missouri Cancer Caucus, which will consist of the elected members of the General Assembly listed below.

Representative                                  District                Representative                                  District

/s/ Scott Rupp                                   13                        /s/ Jodi Stefanick                              93

/s/ Bryan Pratt                                  55                        /s/ Robert Mayer                              159

/s/ Carl Bearden                               16                        /s/ Susan Phillips                              32

/s/ Shannon Cooper                          120                      /s/ Trent Skaggs                               31

/s/ Bryan Stevenson                         128                      /s/ Rachel Bringer                            6

/s/ Jim Viebrock                               134                      /s/ Marsha Campbell                        39

/s/ Tom Dempsey                             18                        /s/ Frank Barnitz                              150

/s/ Chuck Portwood                          92                        /s/ Jenee Lowe                                  44

/s/ Allen Icet                                     84                        /s/ Randy Angst                               146

/s/ Ryan Nieves                                98                        /s/ Steve Hobbs                                21

/s/ Mike Sutherland                          99                        /s/ Terry Young                                49

/s/ Brad Roark                                  139                      /s/ Vicki Schneider                           17

/s/ Wes Wagner                                104                      /s/ Jim Guest                                    5

/s/ Brian Yates                                  56                        /s/ Charles Schlottach                       111

/s/ Brad Lager                                  4                          /s/ Joe Smith                                     14

/s/ Annie Reinhart                            34                        /s/ Gary Dusenberg                          54

/s/ Brian Munzlinger                        1                          /s/ Richard Byrd                               94

/s/ D.J. Davis                                    122                      /s/ Kevin Threlkeld                          109

/s/ Scott Lipke                                  157                      /s/ Jason Brown                                30

/s/ Ryan McKenna                           102                      /s/ Jack Goodman                             132

/s/ Paul LeVota                                52                        /s/ David Pearce                               121

/s/ Mark Bruns                                 113

/s/ Robert Thane Johnson                 47

/s/ Todd Smith                                 118

/s/ Thomas A. Villa                          108

/s/ James Lembke                             85

/s/ Sherman Parker                           12

/s/ Rod Jetton                                   156

/s/ Steve Hunter                                127

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

TO:                      Representative Jason Crowell, Chairman

                            House Ethics Committee

FROM:                Representative J.C. Kuessner and Representative Chuck Purgason

DATE:                 February 25, 2004

RE:                      Missouri Forest Products Caucus Member Requests

Pursuant to Section 105.473.3(2)(c)d RSMo, and the rules of the Missouri House of Representatives, we are requesting the additions of Representative Belinda Harris and Representative Brian Munzlinger as members of the Missouri Forest Products Caucus.

/s/ Representative Belinda Harris

      District 110

/s/ Representative Brian Munzlinger

      District 1

            Committee on Transportation and Motor Vehicles, Chairman Crawford reporting:

            Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1408, begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 717, entitled:

            An act to repeal section 21.183, RSMo, and to enact in lieu thereof four new sections relating to the general assembly, with a termination date for certain sections.

            In which the concurrence of the House is respectfully requested.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 888, entitled:

            An act to repeal sections 143.121 and 143.431, RSMo, and to enact in lieu thereof two new sections relating to nonresident income tax.

            In which the concurrence of the House is respectfully requested.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1076, entitled:

              An act to repeal section 461.300, RSMo, and to enact in lieu thereof one new section relating to nonprobate transfers.

            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 1116, entitled:

            An act to repeal sections 407.1095, 407.1098, 407.1101, and 407.1104, RSMo, and to enact in lieu thereof four new sections relating to the telemarketing no-call list.

            In which the concurrence of the House is respectfully requested.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1166, entitled:

            An act to repeal section 49.272, RSMo, and to enact in lieu thereof one new section relating to civil fines for certain misdemeanors, with penalty provisions.

            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 SS SCS SB 1279, entitled:

            An act to repeal sections 192.020, 192.067, 192.138, 192.665, 192.667, and 197.293, RSMo, and to enact in lieu thereof seventeen new sections relating to health care facilities, with penalty provisions.

              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 SS SB 1370, entitled:

            An act to amend chapter 8, RSMo, by adding thereto one new section relating to energy conservation measures in public facilities.

            In which the concurrence of the House is respectfully requested.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1395, entitled:

            An act to repeal section 143.183, RSMo, and to enact in lieu thereof one new section relating to athletes and entertainers tax.

            In which the concurrence of the House is respectfully requested.

ADJOURNMENT

            On motion of Representative Crowell, the House adjourned until 10:00 a.m., Thursday, April 15, 2004.

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, April 20, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HCR 30, HB 1624

BUDGET

Thursday, April 15, 2004, 8:00 a.m. Hearing Room 3.

Possible Executive session. Fiscal review on HCS SS SCS SB 1099.

Committee will hear other bills assigned or referred for fiscal review. AMENDED

Public hearing to be held on: HB 1118

CONFERENCE COMMITTEE NOTICE

Thursday, April 15, 2004, 12:00 p.m. Senate Lounge.

Conference Committee will convene at noon or upon Senate adjournment whichever comes first.

CONSERVATION AND NATURAL RESOURCES

Thursday, April 15, 2004, House Chamber side gallery upon morning adjournment.

Executive session.

ELECTIONS

Thursday, April 15, 2004, House Chamber side gallery upon morning adjournment.

Executive session.

HEALTH CARE POLICY

Thursday, April 15, 2004, House Chamber side gallery upon afternoon adjournment.

Executive session.

Public hearings to be held on: SCR 34, SB 1083

HOMELAND SECURITY AND VETERANS AFFAIRS

Thursday, April 15, 2004, 9:45 a.m. House Chamber side gallery.

Executive session will be held on: SCS SB 1365

INTERIM COMMITTEE ON WATER QUALITY ISSUES

Thursday, April 15, 2004, Hearing Room 1 upon afternoon adjournment.

Informational meeting on HCS HB 1433.

JOINT COMMITTEE ON OUT-OF-SCHOOL PROGRAMS

Monday, April 19, 2004, 9:30 a.m. Hearing Room 6.

Departments of Mental Health, Economic Development and Public Safety.

Discussion of letter to White House Task Force.

LOCAL GOVERNMENT

Thursday, April 15, 2004, 8:15 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: SS SCS SB 1081, SB 1296, SB 951, SCS SB 987, SB 1302, SB 1055

RULES

Thursday, April 15, 2004, 8:30 a.m. Hearing Room 5.

Executive session may follow. Note SB 1108 is Revision bill SRB 1108.

Public hearings to be held on: HR 1033, SB 1108, SCR 30

SENIOR SECURITY

Thursday, April 15, 2004, House Chamber side gallery upon afternoon adjournment.

Executive session will be held on: SB 1123, SCS SB 1160, SS SS SCS SB 1371

TAX POLICY

Thursday, April 15, 2004, House Chamber side gallery upon morning adjournment.

Executive session will be held on: HB 934, HB 1702, HB 1713, SB 1285, SB 1311

                                                           HOUSE CALENDAR

FIFTY-SECOND DAY, THURSDAY, APRIL 15, 2004

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 37

HOUSE BILLS FOR SECOND READING

HB 1732 through HB 1738

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 28 - Roark (139)

HOUSE BILLS FOR PERFECTION

1          HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

2          HCS HB 1380 - Lager (4)

3          HCS HB 1150 - May (149)

4          HB 1092 - Deeken (114)

5          HCS HB 843, 880 & 1042 - Angst (146)

6          HCS HB 1099 - Reinhart (34)

7          HB 1424 - Stefanick (93)

8          HB 773 - Icet (84)

9          HB 1302 - Lager (4)

10        HCS HB 1085 - Townley (112)

11        HB 1337 - Nieves (98)

12        HB 1109 - Crawford (117)

13        HB 1160 - Parker (12)

14        HCS HB 1243, 1094 & 931 - Mayer (159)

15        HB 844 - Mayer (159)

16        HCS HB 1286 & 1175 - Guest (5)

17        HCS HB 1267 - Cooper (120)

18        HCS HB 1285 - Engler (106)

19        HCS HB 1433 - Wood (62)

20        HCS HB 1093 - Deeken (114)

21        HB 1408 - Mayer (159)

HOUSE JOINT RESOLUTION FOR THIRD READING

HS HCS HJR 39, 38, 42 & 47 - Engler (106)

HOUSE BILLS FOR THIRD READING

1          HCS HB 774 - Sander (22)

2          HCS HB 1617 - Hanaway (87)

3          HB 1664 - Hanaway (87)

4          HB 1665 - Hanaway (87)

5          HS HCS HB 1195 - Behnen (2)

6          HS HB 1409 - Dempsey (18)

7          HS HCS HB 1477 & 1563 - Schaaf (28)

8          HCS HB 1403 - Moore (20)

HOUSE BILL FOR THIRD READING - FEDERAL MANDATE

HCS HB 1118, (Budget 4-01-04) - Schlottach (111)

HOUSE BILLS FOR THIRD READING - CONSENT

1          HCS HB 1524 - Ransdall (148)

2          HCS HB 1069 - Bivins (97)

SENATE BILLS FOR SECOND READING

1          SB 717

2          SB 888

3          SB 1076

4          SCS SB 1116

5          SB 1166

6          SS SCS SB 1279

7          SS SB 1370

8          SB 1395

SENATE BILL FOR THIRD READING - CONSENT

SCS SB 878 - Rector (124)

SENATE BILLS FOR THIRD READING

1          HCS SB 1080 - Wallace (143)

2          HCS SCS SB 754 - Luetkemeyer (115)

3          HCS SS SCS SB 1099, (Budget 4-13-04) - Dempsey (18)

BILLS IN CONFERENCE

1          HS HCS SS SCS SB 730, as amended - Portwood (92)

2          CCR#2 HCS SB 739, as amended - Myers (160)

3          SS#2 SS SCS HS HCS HB 1304, as amended - Byrd (94)

VETOED HOUSE BILL

HCR 5 - Byrd (94)