Journal of the House

First Regular Session, 93rd General Assembly

SEVENTY-FIRST DAY, Monday, May 9, 2005

The House met pursuant to adjournment.

            Speaker Pro Tem Bearden in the Chair.

            Prayer by Reverend James Earl Jackson.

              Let us give glory to You, O God, O King; and blessings to Your name forever and ever. Everyday we give You thanks, praising Your name forever and ever. Great are You Lord, and greatly to be praised; Your greatness is unsearchable.

              Guide us according to Your mercy, grant us success today and throughout this week. Show steadfast love to us Your servants.

              Heavenly Father, we have accomplished much and yet have so far to go. Spoken much, yet we have so much to say. Fallen at times, but we are confident that when we stumble or fall, You give a helping hand.

              As we enter the final week of this Session, may we leave nothing undone. May we give honor where honor is due, respect when respect is due and encouragement where encouragement is due.

              May the grace of our Lord, Jesus Christ be with us all as we seek to fulfill purpose.

              For it’s in His name 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: Savanna Day, Madalene Lane, Daphne Lane and Abagayle Lane.

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

            The Journal of the seventieth day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2974 - Representative Cooper (158)

            House Resolution No. 2975

                        through

            House Resolution No. 2988 - Representative Jetton

            House Resolution No. 2989 - Representative Quinn

            House Resolution No. 2990 - Representative Johnson (61)

            House Resolution No. 2991

                        through

            House Resolution No. 2997 - Representative Quinn

            House Resolution No. 2998

                        through

            House Resolution No. 3004 - Representative Day

            House Resolution No. 3005

                        and

            House Resolution No. 3006 - Representative Whorton

            House Resolution No. 3007

                        and

            House Resolution No. 3008 - Representative Kingery

            House Resolution No. 3009

                        through

            House Resolution No. 3011 - Representative Weter

            House Resolution No. 3012 - Representative Rector

            House Resolution No. 3013

                        and

            House Resolution No. 3014 - Representative Wright-Jones

            House Resolution No. 3015

                        and

            House Resolution No. 3016 - Representative Munzlinger

            House Resolution No. 3017

                        and

            House Resolution No. 3018 - Representative Lager

            House Resolution No. 3019 - Representative Pearce

            House Resolution No. 3020 - Representative Sander

            House Resolution No. 3021 - Representative Walton

            House Resolution No. 3022 - Representative LeVota

            House Resolution No. 3023

                        through

            House Resolution No. 3027 - Representative Quinn

            House Resolution No. 3028

                        through

            House Resolution No. 3030    - Representative Aull

            House Resolution No. 3031

                        through

            House Resolution No. 3044 - Representative Jetton

            House Resolution No. 3045 - Representative Burnett

            House Resolution No. 3046

                        through

            House Resolution No. 3048 - Representative Viebrock

            House Resolution No. 3049

                        and

            House Resolution No. 3050 - Representative Schad

            House Resolution No. 3051 - Representative Moore

            House Resolution No. 3052 - Representative Kelly

            House Resolution No. 3053

                        through

            House Resolution No. 3057 - Representatives Harris (110) and Casey

            House Resolution No. 3058

                        and

            House Resolution No. 3059 - Representatives Harris (110) and Kuessner

            House Resolution No. 3060 - Representative Jetton

            House Resolution No. 3061

                        through

            House Resolution No. 3063 - Representative Harris (23)

            House Resolution No. 3064 - Representative Bruns

            House Resolution No. 3065

                        and

            House Resolution No. 3066 - Representative Fraser

            House Resolution No. 3067 - Representative Jetton

            House Resolution No. 3068 - Representative Salva

            House Resolution No. 3069 - Representative Lager

            House Resolution No. 3070 - Representative Nolte

            House Resolution No. 3071 - Representative Fares

            House Resolution No. 3072 - Representative Smith (14)

            House Resolution No. 3073 - Representative Black

            House Resolution No. 3074 - Representative Jolly

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HCS HB 58, as amended, and grants the House a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS SCS HCS HB 58, as amended: Senators Griesheimer, Taylor, Crowell, Wilson and Kennedy.

            Speaker Jetton assumed the Chair.

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 SCS HCS HB 58: Representatives Johnson (47), Schneider, Smith (118), Wagner and Skaggs

            Speaker Pro Tem Bearden resumed the Chair.

THIRD READING OF SENATE BILLS

            HCS SS SB 343, relating to job development programs, was taken up by Representative Richard.

            Representative Richard offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 343, Section 620.1881, Page 41, Line 96, by deleting the semi-colon “;” on said line; and

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

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

            Representative Richard offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 343, Page 38, Section 620.1878, Line 111, by deleting the word “has” on said line and inserting in lieu thereof the word “creates”; and

              Further amend said bill, Page 38, Section 620.1878, Lines 111-112, by deleting the words “total employees on the date of the proposal” and inserting in lieu thereof the words “new jobs”; and

              Further amend said bill, Page 38, Section 620.1878, Line 112, by deleting the words “qualified company” and inserting in lieu thereof the words “project facility”; and

              Further amend said bill, Page 39, Section 620.1881, Line 12, by adding after all of said line the following:

              “A qualified company may elect to file a notice of intent to start a new project period concurrent with an existing project period of the minimum thresholds are achieved and the qualified company provides the department with the required reporting and is in proper compliance for this program and other state programs; however, the qualified company may not receive any further benefit under the original proposal for jobs created after the date of the new notice of intent, and any jobs created before the new notice of intent may not be included as “new jobs” for the purpose of benefit calculation in relation to the new proposal.”.

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

            Representative LeVota offered House Amendment No. 3.

            Representative Flook raised a point of order that House Amendment No. 3 goes beyond the scope of the bill and opens up a new chapter that is not in the bill.

            The Chair ruled the point of order well taken.

            Representative Whorton offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 343, Section 100.850, Page 29, Line 23, by inserting immediately after the word “project” on said line the following:

              “, and one million dollars shall be reserved for eligible new generation cooperatives as defined in section 348.432, RSMo”; and

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

            Representative Page offered House Amendment No. 1 to House Amendment No. 4.

            Representative Yates raised a point of order that House Amendment No. 1 to House Amendment No. 4 is not a true amendment to the amendment and goes beyond the scope of the amendment.

            The Chair ruled the point of order well taken.

            Representative Whorton moved that House Amendment No. 4 be adopted.

            Which motion was defeated by the following vote:

            Representative Wildberger offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 343, Section 1, Page 45, Line 5, by inserting after all of said line the following:

              “Section 2. The state of Missouri hereby proclaims that no employer who employs illegal aliens shall be eligible for any state-administered or subsidized tax credit, tax abatement or loan from this state, and that no one shall employ or subcontract with any illegal alien on any publicly-financed project.”; and

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

            Representative Flook offered House Substitute Amendment No. 1 for House Amendment No. 5.

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 343, Section 1, Page 45, Line 5, by inserting after all of said line the following:

              “Section 2. No company that employs persons or subcontracts with entities employing persons who are not authorized to work in the United States under federal law shall be eligible for any state administered tax credit, tax abatement, subsidy, or loan program.”; and

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

            Representative Burnett raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 5 is not a true substitute amendment.

            The Chair ruled the point of order not well taken.

            Representative Yates offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 5.

House Amendment No. 1

to

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Substitute Amendment No. 1 for House Amendment No. 5 to House Committee Substitute for Senate Substitute for Senate Bill No. 343, Page 1, Line 6, by inserting after the word “program.” on said line the following:

              “This provision shall not apply where such unauthorized persons or subcontractors employing such persons, are employed for business operations occurring outside of the United States which provide products or services to persons or entities which are also located outside of the United States.”; and

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

            Representative Wildberger raised a point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 5 goes beyond the scope of the substitute amendment.

            The Chair ruled the point of order not well taken.

            On motion of Representative Yates, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 5 was adopted.

            On motion of Representative Flook, House Substitute Amendment No. 1 for House Amendment No. 5, as amended, was adopted.

            Representative Shoemyer offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for Senate Substitute for Senate Bill No. 343, Section 620.1878, Page 38, Line 120, by inserting immediately after the word “codes” the following:

              “, however, if the qualified company is located in a county of the third classification it must create a minimum of five new jobs”; and

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

            Representative Selby offered House Amendment No. 1 to House Amendment No. 6.

            Representative Yates raised a point of order that House Amendment No. 1 to House Amendment No. 6 goes beyond the scope of the amendment.

            The Chair ruled the point of order well taken.

            Representative Shoemyer moved that House Amendment No. 6 be adopted.

            Which motion was defeated.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Richard, HCS SS SCS SB 343, as amended, was adopted.

            On motion of Representative Richard, HCS SS SCS SB 343, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SS SCS SB 168, relating to covenants and residential construction, was taken up by Representative Pratt.

            Representative Pratt offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 168, Section 431.306, Page 7, Line 71, by deleting “(2)” and inserting in lieu thereof “(4)”; and

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

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

            Representative Burnett requested a division of the question on HCS SS SCS SB 168, as amended.

            On motion of Representative Pratt, Part I of HCS SS SCS SB 168 was adopted.

            On motion of Representative Pratt, Part II of HCS SS SCS SB 168, as amended, was adopted.

            On motion of Representative Pratt, HCS SS SCS SB 168, as amended, was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SCS SB 355, relating to agriculture, was taken up by Representative Loehner.

            Representative Shoemyer requested a division of the question on HCS SCS SB 355.

            Representative Hobbs offered House Amendment No. 1 to Part I.

House Amendment No. 1

AMEND Part I of House Committee Substitute for Senate Committee Substitute for Senate Bill No. 355, Section 142.031, Page 2, Line 13, by inserting after the word “fund” the following:

              “provided that fifty-one percent of the feedstock originates in the state of Missouri. A”; and

              Further amend said line, by deleting the words “, except that a”; and

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

            Representative Shoemyer offered House Amendment No. 1 to House Amendment No. 1 to Part I.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to Part I of House Committee Substitute for Senate Committee Substitute for Senate Bill No. 355, Page 1, Section 142.029, Line 4, by inserting after the word “Missouri” the following:

              “and that 100% of the feedstock originates in the United States”.

            On motion of Representative Shoemyer, House Amendment No. 1 to House Amendment No. 1 to Part I was adopted by the following vote:

            On motion of Representative Hobbs, House Amendment No. 1, as amended, was adopted.

            Representative Bringer offered House Amendment No. 2 to Part I.

House Amendment No. 2

AMEND Part I of House Committee Substitute for Senate Committee Substitute for Senate Bill No. 355, Page 17, Section 196.291, Lines 1-4, by deleting all of said lines.

            Representative Bringer moved that House Amendment No. 2 to Part I be adopted.

            Which motion was defeated.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Loehner, Part I of HCS SCS SB 355, as amended, was adopted.

            Representative Bringer offered House Amendment No. 1 to Part II.

House Amendment No. 1

AMEND Part II of House Committee Substitute for Senate Committee Substitute for Senate Bill No. 355, Page 26, Section 281.040, Line 6, by deleting said line and inserting in lieu thereof the following:

              “either attending a course or completing an on-line course of instruction provided by the director on the use, handling, storage and”; and

              Further amend said section, Page 26, Line 11, by inserting after the word, “instruction.” the following:

               “However, no fee shall be assessed or collected from an individual completing an on-line course of instruction.”; and

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

            On motion of Representative Bringer, House Amendment No. 1 to Part II was adopted.

            Representative Shoemyer offered House Amendment No. 2 to Part II.

House Amendment No. 2

AMEND Part II of House Committee Substitute for Senate Committee Substitute for Senate Bill No. 355, Page 26, Section 281.040, Line 26, by inserting after all of said line the following:

              "281.260. 1. Every pesticide which is distributed, sold, offered for sale or held for sale within this state, or which is delivered for transportation or transported in intrastate commerce or between points within this state through any point outside of this state, shall be registered in the office of the director, and the registration shall be renewed annually.

              2. The registrant shall file with the director a statement including:

              (1) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;

              (2) The name of the pesticide;

              (3) Classification of the pesticide; and

              (4) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use.

              3. The registrant shall pay an annual fee of [fifteen] thirty dollars for each product registered in any calendar year or part thereof. One-half of the proceeds of the fee shall be deposited in the state treasury to the credit of the general revenue fund and one-half of the proceeds of the fee shall be transferred to the university of Missouri extension services solely for the purpose of funding materials necessary for private pesticide application training. All such registrations shall expire on December thirty-first of any one year, unless sooner canceled. A registration for a special local need pursuant to subsection 6 of this section, which is disapproved by the federal government, shall expire on the effective date of the disapproval.

              4. Any registration approved by the director and in effect on the thirty-first day of December for which a renewal application has been made and the proper fee paid shall continue in full force and effect until such time as the director notifies the applicant that the registration has been renewed, or otherwise denied, in accord with the provisions of subsection 8 of this section. Forms for reregistration shall be mailed to registrants at least ninety days prior to the expiration date.

              5. If the renewal of a pesticide registration is not filed prior to January first of any one year, an additional fee of five dollars shall be assessed and added to the original fee and shall be paid by the applicant before the registration renewal for that pesticide shall be issued; provided, that, such additional fee shall not apply if the applicant furnishes an affidavit certifying that he did not distribute such unregistered pesticide during the period of nonregistration. The payment of such additional fee is not a bar to any prosecution for doing business without proper registry.

              6. Provided the state complies with requirements of the federal government to register pesticides to meet special local needs, the director shall require that registrants comply with sections 281.210 to 281.310 and pertinent federal laws and regulations. Where two or more pesticides meet the requirements of this subsection, one shall not be registered in preference to the other.

              7. The director may require the submission of the complete formula of any pesticide to approve or deny product registration. If it appears to the director that the composition and efficacy of the pesticide is such as to warrant the proposed claims for it and if the pesticide and its labeling and other material required to be submitted comply with the requirements of sections 281.210 to 281.310, he shall register the pesticide.

              8. Provided the state is authorized to issue experimental use permits, the director may:

              (1) Issue an experimental use permit to any person applying for an experimental use permit if he determines that the applicant needs such permit in order to accumulate information necessary to register a pesticide under sections 263.269 to 263.380. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed;

              (2) Prescribe terms, conditions, and period of time for the experimental permit which shall be under the supervision of the director;

              (3) Revoke any experimental permit, at any time, if he finds that its terms or conditions are being violated, or that its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.

              9. If it does not appear to the director that the pesticide is such as to warrant the proposed claims for it or if the pesticide and its labeling and other material required to be submitted do not comply with the provisions of sections 281.210 to 281.310 or with federal laws, he shall notify the registrant of the manner in which the pesticide, labeling, or other material required to be submitted fail to comply with sections 281.210 to 281.310 or with federal laws so as to afford the registrant an opportunity to make the necessary corrections. If, upon receipt of such notice, the registrant insists that such corrections are not necessary and requests in writing that the pesticide be registered or, in the case of a pesticide that is already registered, that it not be canceled, the director, within ninety days, shall hold a public hearing to determine if the pesticide in question should be registered or canceled. If, after such hearing, it is determined that the pesticide should not be registered or that its registration should be canceled, the director may refuse registration or cancel an existing registration until the required label changes are accomplished. If the pesticide is shown to be in compliance with sections 281.210 to 281.310 and federal laws, the pesticide will be registered. Any appeals resulting from administrative decisions by the director will be taken in accordance with sections 536.100 to 536.140, RSMo.

              10. Notwithstanding any other provision of sections 281.210 to 281.310, registration is not required in the case of a pesticide shipped from one plant or warehouse within this state to another plant or warehouse within this state when such plants are operated by the same persons.

              11. The director shall not make any lack of essentiality a criterion for denying registration of a pesticide except where none of the labeled uses are present in the state. Where two or more pesticides meet the requirements of sections 281.210 to 281.310, one shall not be registered in preference to the other."; and

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

            Representative Myers raised a point of order that House Amendment No. 2 to Part II amends previously amended material and goes beyond the scope of the bill.

            The Chair ruled the point of order not well taken.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            Representative Shoemyer moved that House Amendment No. 2 to Part II be adopted.

            Which motion was defeated by the following vote: