Journal of the House

Second Regular Session, 92nd General Assembly

FIFTY-FIFTH DAY, Wednesday, April 21, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, it is written, "God keeps every promise He makes. He is like a shield for all who seek His protection." Be a shield for us today as we seek Your protection. Protect us from falsehood and pride. Protect us from extremism as well as apathy. Protect us from self-doubt as well as total self-reliance.

              May we look to You in simple dependence upon Your grace: The grace to withstand criticism and the grace to withhold it.

              May our hearts remain open to You as our emotions, intellect and will are harmonized to accomplish today's tasks.

              And now unto You be 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: Olga Constantinova, Sona Gabrielyan, Taissiya Petruchenya, Stephen Wedekind, Carly Kurka, Nathan Huckaby, Sarah Agee and Madeleine Sutherland.

            The Journal of the fifty-fourth day was approved as corrected.

SPECIAL RECOGNITION

            Dr. Robert Spence was introduced by Representative Dixon and recognized as an Outstanding Missourian.

            Jessica Bruce was introduced by Representative Bruns and recognized as an Outstanding Missouri Student.

            Staff of the Missouri State American Red Cross was introduced by Representative Viebrock and recognized for their achievements.

HOUSE RESOLUTION

            Representative Icet, et al, offered House Resolution No. 1941.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1913 - Representative Guest

            House Resolution No. 1914

                        through

House Resolution No. 1926 - Representatives Black and Myers

            House Resolution No. 1927

                        through

            House Resolution No. 1940 - Representative Black

            House Resolution No. 1942 - Representative Quinn

            House Resolution No. 1943 - Representative Swinger

            House Resolution No. 1944 - Representative Abel

INTRODUCTION OF HOUSE BILL

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

HB 1749, introduced by Representative Harris (23), relating to qualified research tax credits for corporation.

SECOND READING OF HOUSE BILLS

            HB 1743 through 1748 were read the second time.

PERFECTION OF HOUSE BILL

            HCS HB 1085, relating to eminent domain, was taken up by Representative Townley.

            Representative Townley offered HS HCS HB 1085.

            Representative Townley offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 8, Section 523.010, Line 21 of said page, by inserting after the word "easement" on said line the following:

               ", or subsequent lessee or transferee,"; and

              Further amend said bill, Page 8, Section 523.010, Line 25 of said page, by inserting after the word "improvements" on said line the following:

               ", or those of a subsequent lessee or transferee,"; and

              Further amend said bill, Page 9, Section 523.010, Line 8 of said page, by inserting after the word "easement" on said line the following:

              "or subsequent lessee or transferee"; and

              Further amend said bill, Page 9, Section 523.010, Line 20 of said page, by inserting after the word "entity" on said line the following:

                "or subsequent lessee or transferee"; and

              Further amend said bill, Page 9, Section 523.010, Lines 23 and 24 of said page, by deleting all of said lines and inserting in lieu thereof the following:

               "acquired in the taking, the then record owners of the largest parcel of property contiguous to the property taken by condemnation"; and

              Further amend said bill, Page 10, Section 523.010, Line 5, by inserting after the word "entity" on said line the following:

               "or subsequent transferee"; and

              Further amend said bill, Page 10, Section 523.010, Lines 6 and 7 of said page, by deleting all of said lines and inserting in lieu thereof the following:

               "negotiate in good faith any repurchase of the easement rights or fee interest in real estate that were taken, with recourse as"; and

              Further amend said bill, Page 10, Section 523.010, Line 12, by inserting after the word "property" on said line the following:

               "or subsequent lessee or transferee"; and

              Further amend said bill, Page 10, Section 523.010, Line 13, by inserting after the word "to" the word "public"; and

              Further amend said bill, Page 11, Section 523.010, Line 2 of said page, by inserting after the word "entity" on said line the following:

              "or subsequent transferee"; and

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

            Representative Lembke assumed the Chair.

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

            Representative Stevenson offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 11, Section 523.040, Line 21 of said page, by deleting the words "an independent" and inserting in lieu thereof the following:

              "a state licensed or state certified real estate"; and

              Further amend said bill, Page 12, Section 523.040, Line 1 of said page, by deleting the words "an independent" and inserting in lieu thereof the following:

               "a state licensed or state certified real estate"; and

              Further amend said bill, Page 12, Section 523.040, Line 6 of said page, by deleting the words "an independent" and inserting in lieu thereof the following:

              "a state licensed or state certified real estate"; and

              Further amend said bill, Page 12, Section 523.040, Line 9 of said page, by inserting after the word "situated," the following:

              "including the state licensed or state certified appraisers, if there are available appraisers who are residents of the county, but if there are no available resident state licensed or state certified appraisers, then a state licensed or state certified real estate appraiser residing in an adjacent county,"; and

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

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

            Representative Pratt offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 10, Section 523.010, Line 21, by inserting after the word “county”, the following:

              “or any city within a county”.

            Representative Wright offered House Substitute Amendment No. 1 for House Amendment No. 3.

House Substitute Amendment No. 1

for

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 10, Section 523.010, Line 21, by inserting the following:

              “Southwest Missouri State shall have the authority to declare eminent domain upon any property owned by the University of Missouri.”.

            Representative Wright moved that House Substitute Amendment No. 1 for House Amendment No. 3 be adopted.

            Which motion was defeated.

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

            Which motion was defeated.

            Representative Dixon offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 8, Section 523.010, Lines 9 and 10, by deleting all of said lines and inserting in lieu thereof the following:

              "located, and by written notice to the record owners of the real estate from whom an interest is to be"; and

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

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

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 8, Section 523.010, Lines 9 through 11, by deleting said lines and inserting in lieu thereof the following:

              “located, and by written notice to the record owners of the real estate from whom an interest is to be acquired, as well as the record owners of any property located within 500 feet of said real estate, the exact description of real estate to be taken in fee”; and

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

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

            Representative Bivins offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 10, Section 523.010, Lines 24-25, by deleting all of said lines; and

              Further amend said bill, Section 523.010, Page 11, Lines 1-9, by deleting all of said lines and inserting in lieu thereof the following:

              “8. Any issue as to whether a use of the property is within the scope of rights acquired in the taking, or whether a negotiation by the taking entity or lessee or transfer of any repurchase of easement rights or fee interest in real estate pursuant to the repurchase provisions of subsection 7 was in good faith may be determined in an action brought in the circuit court of the county in which the property is located and in the form of a declaratory judgement as provided for in chapter 527, RSMo. In such action, if the use of the property is determined to exceed the scope of the rights acquired in the original taking, the court may find that the use is in excess of the rights acquired in the original taking, constitutes an additional taking and award additional just compensation thereof. The court shall use a reasonable person standard in making such determination. Court costs may be awarded at the discretion of the court."; and

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

            On motion of Representative Bivins, House Amendment No. 5 was adopted.

            Representative Whorton offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill No. 1085, Page 10, Section 523.010, Line 24, by inserting after the word "county" the following:

              ", county of the third classification without a township form of government and with more than two thousand three hundred but less than two thousand four hundred inhabitants, county of the third classification with a township form of government and with more than six thousand eight hundred but less than six thousand nine hundred inhabitants, county of the third classification with a township form of government and with more than eight thousand eight hundred but less than eight thousand nine hundred inhabitants, county of the third classification with a township form of government and with more than eight thousand but less than eight thousand one hundred inhabitants, county of the third classification with a township form of government and with more than ten thousand four hundred but less than ten thousand five hundred inhabitants, county of the third classification with a township form of government and with more than three thousand seven hundred but less than three thousand eight hundred inhabitants, county of the third classification with a township form of government and with more than seven thousand two hundred but less than seven thousand three hundred inhabitants"; and

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

            HCS HB 1085, with House Amendment No. 6, and 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 Representative Lembke.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1945 - Representative Dougherty

House Resolution No. 1946

                        through

House Resolution No. 1973 - Representative Sander

House Resolution No. 1974

                        through

House Resolution No. 1987 - Representative Davis (19)

House Resolution No. 1988 - Representative Kelly (144)

House Resolution No. 1989 - Representative George

House Resolution No. 1990 - Representative Villa

House Resolution No. 1991

                        and

House Resolution No. 1992 - Representatives Baker and Rector

House Resolution No. 1993 - Representative Baker

            House Resolution No. 1994 - Representative Lipke

            House Resolution No. 1995 - Representative Graham

House Resolution No. 1996

                        through

House Resolution No. 1998 - Representative Schneider

House Resolution No. 1999 - Representative Moore

            House Resolution No. 2000

                        through

            House Resolution No. 2003 - Representative Hunter

            House Resolution No. 2004 - Representative Ervin

            House Resolution No. 2005 - Representative Meadows

            House Resolution No. 2006

                        and

            House Resolution No. 2007 - Representative Witte

            House Resolution No. 2008 - Representative Seigfreid

            House Resolution No. 2009

                        and

House Resolution No. 2010 - Representative Wilson (42)

House Resolution No. 2011

                        through

House Resolution No. 2016 - Representative Crowell

House Resolution No. 2017

                        through

House Resolution No. 2030 - Representative Davis (19)

PERFECTION OF HOUSE BILL

            HCS HB 1093, relating to the rights of persons with service dogs, was taken up by Representative Deeken.

            Representative Crowell suggested the absence of a quorum.

            The following roll call indicated a quorum present:

            Representative Fraser offered House Amendment No. 1.

            Representative Goodman raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

            Representative Lembke requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Kuessner offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1093, Page 1, Section 209.200, Line 12, by inserting Subsection E:

              “Yellow Dog Democrat.”.

            Representative Kuessner moved that House Amendment No. 2 be adopted.

            Which motion was defeated.

            Representative Yates offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1093, Page 2, Section 209.202, Line 13, after the word “knowingly”, delete “intentionally, or recklessly”, and insert in lieu thereof the following:

              “or intentionally”.

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

            On motion of Representative Deeken, HCS HB 1093, as amended, was adopted.

            On motion of Representative Deeken, HCS HB 1093, as amended, was ordered perfected and printed.

THIRD READING OF HOUSE BILLS

            HB 773, relating to the University of Missouri age requirements, was taken up by Representative Icet.

            On motion of Representative Icet, HB 773 was read the third time and passed by the following vote:

            Representative Lembke declared the bill passed.

            HS HCS HB 1285, relating to car rental insurance, was taken up by Representative Engler.

            On motion of Representative Engler, HS HCS HB 1285 was read the third time and passed by the following vote:

            Representative Lembke declared the bill passed.

            HCS HB 1509, relating to chiropractic care, was taken up by Representative Portwood.

            On motion of Representative Portwood, HCS HB 1509 was read the third time and passed by the following vote:

            Representative Lembke declared the bill passed.

            HB 1160, relating to health insurance, was taken up by Representative Parker.

            On motion of Representative Parker, HB 1160 was read the third time and passed by the following vote:

            Representative Lembke declared the bill passed.

PERFECTION OF HOUSE BILL

            HB 1599, relating to a Joint Committee on Waste, Fraud and Abuse, was taken up by Representative Ervin.

            Representative Ervin offered HS HB 1599.

            Representative Selby offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 1599, Section 7, Line 22, by

              643.365 On or before January 1, 2005, the Commission shall suspend operation of any motor vehicle emissions inspection program.

            Representative Goodman raised a point of order that House Amendment No. 1 is not germane and goes beyond the underlying House Substitute.

            Representative Lembke requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order not well taken.

            HB 1599, with House Amendment No. 1, and HS, pending, was placed on the Informal Calendar.

THIRD READING OF HOUSE BILL - FEDERAL MANDATE

            HCS HB 1118, relating to commercial drivers' licenses, was taken up by Representative Schlottach.

            Speaker Hanaway resumed the Chair.

            On motion of Representative Schlottach, HCS HB 1118 was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

THIRD READING OF HOUSE BILL

            HCS HBs 1286 & 1175, relating to marine dealers, was taken up by Representative Guest.

            On motion of Representative Guest, HCS HBs 1286 & 1175 was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

THIRD READING OF SENATE BILLS

            HCS SB 1080, relating to educational accountability standards, was taken up by Representative Wallace.

            Representative Cunningham (86) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 1080, Page 5, Section 160.720, Line 56, by adding after all of said line the following:

              “174.453. 1. The board of governors shall be appointed as follows:

              (1) Five voting members shall be selected from the counties comprising the institution's historic statutory service region as described in section 174.010, except that no more than two members shall be appointed from any one county with a population of less than two hundred thousand inhabitants;

              (2) Two voting members shall be selected from any of the counties in the state which are outside of the institution's historic service region; and

              (3) One nonvoting member who is a student shall be selected in the same manner as prescribed in section 174.055.

              2. The term of service of the governors shall be as follows:

              (1) The voting members shall be appointed for terms of six years; and

              (2) The nonvoting student member shall serve a two-year term.

              3. Members of any board of governors selected pursuant to this section and in office on May 13, 1999, shall serve the remainder of their unexpired terms.

              4. Notwithstanding the provisions of subsection 1 of this section, the board of governors of Missouri Southern State University-Joplin shall be appointed as follows:

              (1) Five voting members shall be selected from any of the following counties: Barton, Jasper, Newton, McDonald, Dade, Lawrence, and Barry provided that no more than three of these five members shall be appointed from any one county;

              (2) Two voting members shall be selected from any of the counties in the state which are outside of the counties articulated in subdivision (1) of this subsection;

              (3) One nonvoting member who is a student shall be selected in the same manner as prescribed in section 174.055; and

              (4) The provisions of subdivisions (1) and (2) of this subsection shall only apply to board members first appointed after August 28, 2004.”; and

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

            On motion of Representative Cunningham (86), House Amendment No. 1 was adopted.

            On motion of Representative Wallace, HCS SB 1080, as amended, was adopted.

            On motion of Representative Wallace, HCS SB 1080, as amended, was read the third time and passed by the following vote:

            Speaker Hanaway declared the bill passed.

            HCS SS SCS SBs 740, 886 & 1178, relating to agriculture programs, was taken up by Representative Myers.

            Representative Myers offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 740, 886 & 1178, Section 348.410, Page 5, Lines 1 through 14, by deleting said section and lines; and

              Further amend said bill, Section 348.432, Page 10, Lines 56 and 57, by deleting said lines and inserting in lieu thereof the following:

              “a tax credit certificate in the appropriate amount. [tax] Tax credits issued pursuant to this section [shall initially be claimed in the taxable”; and

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

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

            Representative Purgason assumed the Chair.

            Representative Shoemyer offered House Amendment No. 2.

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

            Representative Purgason requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Seigfreid offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 740, 886 & 1178, Page 11, Section 348.432, Line 88, by inserting after said line the following:

              "Section A. Section 537.115, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 537.115, to read as follows:

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

              (1) "Canned food", any food commercially processed and prepared for human consumption;

              (2) "Perishable food", any food which may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition.

This term includes, but is not limited to, fresh and processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits and vegetables, and foods which have been packaged, refrigerated, or frozen.

              2. All other provisions of law notwithstanding, a good faith donor of canned or perishable food, which complies with chapter 196, RSMo, at the time it was donated and which is fit for human consumption at the time it is donated, to a bona fide charitable or not-for-profit organization for free distribution, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the negligence, recklessness or intentional misconduct of such donor.

              3. All other provisions of law notwithstanding, a bona fide charitable or not-for-profit organization which in good faith receives and distributes food, which complies with chapter 196, RSMo, at the time it was donated and which is fit for human consumption at the time it is distributed, without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food unless such injury or death is a direct result of the negligence, recklessness, or intentional misconduct of such organization.

              4. Notwithstanding any other provision of law to the contrary, a good faith donor or a charitable or not-for-profit organization, who in good faith receives or distributes frozen and packaged venison without charge, shall not be subject to criminal or civil liability arising from an injury or death due to the condition of such food, except as provided in this subsection. The venison must:

              (1) Come from a whitetail deer harvested in accordance with the rules and regulations of the department of conservation;

              (2) Be field dressed and handled in a sanitary manner and the carcass of which remains in sound condition;

              (3) Be processed in a licensed facility that is subject to the United States Department of Agriculture's mandated inspections during domesticated animal operations or is approved by the Missouri department of agriculture meat inspection program. Except that, the provisions of this subsection shall not apply if the injury or death is a direct result of the negligence, recklessness or intentional misconduct of such donor or the deer was harvested during a season that the deer in Missouri were found to have diseases communicable to humans. Venison handled and processed in accordance with the provisions of this section and protected by all reasonable means from foreign or injurious contamination is exempt from the provisions of chapter 196, RSMo.

              5. The provisions of this section shall govern all good faith donations of canned or perishable food which is not readily marketable due to appearance, freshness, grade, surplus or other conditions, but nothing in this section shall restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.".

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

            On motion of Representative Myers, HCS SS SCS SBs 740, 886 & 1178, as amended, was adopted.

            On motion of Representative Myers, HCS SS SCS SBs 740, 886 & 1178, as amended, was read the third time and passed by the following vote: