Second Regular Session, 93rd General Assembly
FIFTY-FIFTH DAY, Wednesday, April 12, 2006
The House met pursuant to adjournment.
Speaker Jetton in the Chair.
Prayer by Reverend Jerry Jones, General Secretary of the United Pentecostal Church International.
Our Father, we are grateful for the kindness You have shown us, the wonderful gifts of life You have given us, and the opportunities to use them for good that You have afforded us. We thank You for the privilege of living in the United States of America, and in our beautiful state of Missouri. For liberty and prosperity we are deeply grateful.
We ask Your blessing on those who lead our State: our Governor and those who serve with him in the executive branch, the members of this legislature, as well as those who serve in our judiciary. Grant all of them Your wisdom and Your guidance in these crucial times. Give them courage to do the right in all they attempt.
Father, bless the leader of our great country: the President and Vice-President of the United States, members of our Congress, and all who serve this nation. Especially we ask You to keep Your hand upon the men and women who serve in our armed forces. Grant them Your protection as they complete their mission and come safely home.
Give each of us a heart of compassion and concern for our neighbors. Teach us to genuinely care about one another. Help us lift someone’s burden, share someone’s pain, and rejoice in someone’s happiness, and to do it all, every day, until all our days here are over.
Forgive us our shortcomings, empower us to rise above them by Your Holy Spirit, and inspire us in all things to follow You.
This all we ask in the Name of Jesus Christ. 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: Michaela Whitt, Larry Jones, Rachel Bryan, Adam Bexten, Grant Haarmann, Stoney Jackson, Chelsea Faubion, Shawn Boyd, Summer Smith, Brittany Schonhorn, Scott Harris, Samantha Cwak, Tannor Kraus, Tylor Kraus, Katie Davis, Megan Vincent, Nick Schwetz, Daniel Schneier, Sara Ahlers, Stacey Hankins, Jessie Horseman, Alexis Hartenstein, Sam Sutton, Reece Frizzell, Timothy Imperiale, Lawrence Beck and Wyatt Hartenstein.
The Journal of the fifty-fourth day was approved as corrected.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 2188 - Representative Guest
House Resolution No. 2189 - Representative Fraser
House Resolution No. 2190 - Representative Aull
House Resolution No. 2191 - Representative Nieves
House Resolution No. 2192 - Representative Dethrow
House Resolution No. 2193 - Representative Scharnhorst
House Resolution No. 2194
and
House Resolution No. 2195 - Representative Flook
House Resolution No. 2196
through
House Resolution No. 2211 - Representative Ervin
House Resolution No. 2212
through
House Resolution No. 2225 - Representative Munzlinger
SPECIAL RECOGNITION
Larry Wansley was introduced by Representative Casey and recognized as an Outstanding Missourian.
Speaker Pro Tem Bearden assumed the Chair.
PERFECTION OF HOUSE JOINT RESOLUTION
HJR 43, relating to wildlife and forestry resources, was taken up by Representative Dethrow.
Representative Behnen assumed the Chair.
On motion of Representative Dethrow, HJR 43 was ordered perfected and printed by the following vote:
AYES: 095 |
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Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bringer |
Bruns |
Casey |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Dake |
Davis |
Day |
Deeken |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fisher |
Frame |
Franz |
Guest |
Harris 110 |
Henke |
Hobbs |
Hubbard |
Hunter |
Icet |
Jones |
Kelly |
Kingery |
Kratky |
Kuessner |
Lager |
Lampe |
Lembke |
Lipke |
Loehner |
May |
Meadows |
Meiners |
Moore |
Munzlinger |
Myers |
Nance |
Nieves |
Nolte |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Ruestman |
Sander |
Sater |
Schad |
Scharnhorst |
Schlottach |
Self |
Shoemyer |
Silvey |
Smith 118 |
Smith 150 |
Stevenson |
Sutherland |
Swinger |
Tilley |
Viebrock |
Wagner |
Wallace |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Mr Speaker |
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NOES: 059 |
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Aull |
Avery |
Baker 25 |
Bland |
Bogetto |
Bowman |
Boykins |
Brooks |
Brown 50 |
Burnett |
Chappelle-Nadal |
Corcoran |
Cunningham 86 |
Curls |
Darrough |
Daus |
Dempsey |
Donnelly |
El-Amin |
Fares |
Flook |
Fraser |
Harris 23 |
Haywood |
Hoskins |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Kraus |
Liese |
Low 39 |
Lowe 44 |
McGhee |
Muschany |
Oxford |
Page |
Parker |
Rupp |
Salva |
Schaaf |
Schneider |
Schoemehl |
Skaggs |
Smith 14 |
Spreng |
St. Onge |
Storch |
Villa |
Vogt |
Walsh |
Walton |
Whorton |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
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PRESENT: 001 |
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Threlkeld |
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ABSENT WITH LEAVE: 008 |
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Bean |
Brown 30 |
George |
Hughes |
LeVota |
Marsh |
Rucker |
Wright 137 |
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PERFECTION OF HOUSE BILL
HCS HB 1620, relating to assisted living facilities, was taken up by Representative Sutherland.
HCS HB 1620 was placed on the Informal Calendar.
PERFECTION OF HOUSE BILL - INFORMAL
HCS HB 1944, relating to eminent domain, was taken up by Representative Hobbs.
Speaker Pro Tem Bearden resumed the Chair.
Representative Dethrow offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1944, Section 523.040, Page 4, Line 34, by inserting immediately after the word “factors” the following:
“, including the heritage value of the property. The commissioners may award an additional amount not to exceed fifty percent of the original award of damages to property owners whose property to be condemned has been added to The Missouri Century Farm Program, or is eligible to be enrolled in such program, administered by the University of Missouri-Columbia College of Agriculture, Food and Natural Resources and the University of Missouri Extension”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Stevenson offered House Substitute Amendment No. 1 for House Amendment No. 1.
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1944, Section 523.040, Page 4, Lines 33-34, by deleting the words “any other relevant factors” and inserting in lieu thereof the following:
“heritage value of the property”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Hobbs offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1.
House Amendment No. 1
to
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Substitute Amendment No. 1 for House Amendment No. 1 to House Committee Substitute for House Bill No. 1944, Page 1, Line 3, by inserting after the word “property” the following:
“.
(1) For the purposes of this section, “heritage value” shall mean a value assigned to any real property that has been owned by the same family for one or more years;
(2) The line of ownership for the property from the original settler or buyer may be through the children, grandchildren, siblings, and nephews or nieces, including through marriage or adoption to meet the standard of same family;
(3) If the ownership of the real property is by an entity, the family must control more than fifty percent of the entity in order to meet the standard of same family;
(4) A sliding scale shall be used to determine the heritage value award. If the real property has been in the same family for one year, the award for heritage value may be an additional amount not to exceed one percent of the original award of damages paid to the property owner. An additional percent increase shall be added for each year above one year, with the total award for heritage value not to exceed one hundred percent of the original award of damages paid to the property owner for the real property owned by the same family for one hundred years or more”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
HCS HB 1944, with House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1, House Substitute Amendment No. 1 for House Amendment No. 1 and House Amendment No. 1, pending, was laid over.
On motion of Representative Dempsey, the House recessed until 2:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Jetton.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 2226 - Representative Baker (123)
House Resolution No. 2227
through
House Resolution No. 2231 - Representative Swinger
House Resolution No. 2232
and
House Resolution No. 2233 - Representative Chappelle-Nadal
House Resolution No. 2234 - Representative Denison
House Resolution No. 2235 - Representative Moore
House Resolution No. 2236 - Representative Black
House Resolution No. 2237 - Representative Wells
House Resolution No. 2238 - Representative Robb
House Resolution No. 2239
through
House Resolution No. 2252 - Representative Smith (118)
House Resolution No. 2253 - Representative Dixon
House Resolution No. 2254 - Representative Nance
House Resolution No. 2255 - Representative Aull
House Resolution No. 2256
through
House Resolution No. 2269 - Representative Ervin
House Resolution No. 2270 - Representative Bogetto
House Resolution No. 2271
and
House Resolution No. 2272 - Representative Schlottach
House Resolution No. 2273 - Representative Dixon
SPECIAL RECOGNITION
Anita Gorman was introduced by Representatives Nolte, Skaggs, Phillips and Silvey and recognized as an Outstanding Missourian.
PERFECTION OF HOUSE BILL
HCS HB 1873, relating to personal care assistance services, was taken up by Representative Lembke.
Representative Lembke offered House Amendment No. 1.
House Amendment No. 1 was withdrawn.
Representative Dempsey moved the previous question.
Which motion was adopted by the following vote:
AYES: 094 |
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Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bruns |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Guest |
Hobbs |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lembke |
Lipke |
Loehner |
May |
McGhee |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Self |
Silvey |
Smith 14 |
Smith 150 |
Stevenson |
St. Onge |
Storch |
Sutherland |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Wood |
Wright 159 |
Yates |
Mr Speaker |
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NOES: 052 |
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Baker 25 |
Bland |
Bogetto |
Bowman |
Boykins |
Bringer |
Burnett |
Casey |
Chappelle-Nadal |
Corcoran |
Curls |
Dake |
Darrough |
Daus |
Donnelly |
Frame |
Fraser |
George |
Harris 110 |
Haywood |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Kuessner |
Lampe |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Oxford |
Robinson |
Roorda |
Salva |
Schoemehl |
Skaggs |
Spreng |
Swinger |
Villa |
Vogt |
Walsh |
Walton |
Whorton |
Wildberger |
Witte |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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PRESENT: 007 |
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Aull |
Harris 23 |
Henke |
Kratky |
Page |
Shoemyer |
Wagner |
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ABSENT WITH LEAVE: 010 |
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Bean |
Brooks |
Brown 30 |
Brown 50 |
El-Amin |
Hughes |
Marsh |
Rucker |
Smith 118 |
Wright 137 |
On motion of Representative Lembke, HCS HB 1873 was adopted.
On motion of Representative Lembke, HCS HB 1873 was ordered perfected and printed.
PERFECTION OF HOUSE BILL - INFORMAL
HCS HB 1944, with House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1, House Substitute Amendment No. 1 for House Amendment No. 1 and House Amendment No. 1, pending, relating to eminent domain, was again taken up by Representative Hobbs.
On motion of Representative Hobbs, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1 was adopted.
On motion of Representative Stevenson, House Substitute Amendment No. 1 for House Amendment No. 1, as amended, was adopted.
Representative Hobbs offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1944, Section 523.250, Page 8, Lines 8-10, by deleting all of said lines; and
Further amend said section, Pages 8-9, Lines 23-32, by deleting all of said lines; and
Further amend said section, Page 9, Lines 41-45, by deleting all of said lines; and
Further amend Section 523.253, Page 9, Line 1, by inserting immediately before the word “A” in the first instance the number “1.”; and
Further amend said page, Line 2, by inserting after the word “property” the following:
“, pursuant to subsection 2 of this section”; and
Further amend said page, Line 12, by inserting after said line the following:
“2. (1) Where the condemning authority, based upon its good faith belief, has determined that the fair market value of the condemned property exceeds fifteen thousand dollars, the condemning authority shall provide the owner with a copy of a summary of the damages caused by the condemnation, including an appraisal prepared by a state-licensed or state-certified real estate appraiser at the time the offer required by subsection 1 of this section is given. For other acquisitions, the condemning authority shall provide an explanation of the basis for its determination of just compensation in lieu of providing an appraisal.
(2) The appraisals referred to in this section shall be made using sound, fair, and recognized appraisal practices which are consistent with the Uniform Standards of Professional Appraisal Practice in effect at the time of the appraisal, as promulgated by the Appraisal Foundation, and any additional applicable state or federal law or regulation practice governing acquisitions by the condemning authority.”; and
Further amend said substitute, Section 253.256, Page 10, Line 10, by deleting the number “523.250" and inserting in lieu thereof the number “523.253"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Rector offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1944, Section 523.250, Page 8, Lines 8-10, by deleting all of said lines; and
Further amend said section, Pages 8-9, Lines 23-32, by deleting all of said lines; and
Further amend said section, Page 9, Lines 41-45, by deleting all of said lines; and
Further amend Section 523.253, Page 9, Line 1, by inserting immediately before the word “A” in the first instance the number “1.”; and
Further amend said page, Line 2, by inserting after the word “property” the following:
“, pursuant to subsection 2 of this section”; and
Further amend said page, Line 12, by inserting after said line the following:
“2. (1) Where the condemning authority, based upon its good faith belief, has determined that the fair market value of the condemned property exceeds twelve thousand five hundred dollars, the condemning authority shall provide the owner with a copy of a summary of the damages caused by the condemnation, including an appraisal prepared by a state-licensed or state-certified real estate appraiser at the time the offer required by subsection 1 of this section is given. For other acquisitions, the condemning authority shall provide an explanation of the basis for its determination of just compensation in lieu of providing an appraisal.
(2) The appraisals referred to in this section shall be made using sound, fair, and recognized appraisal practices which are consistent with the Uniform Standards of Professional Appraisal Practice in effect at the time of the appraisal, as promulgated by the Appraisal Foundation, and any additional applicable state or federal law or regulation practice governing acquisitions by the condemning authority.”; and
Further amend said substitute, Section 253.256, Page 10, Line 10, by deleting the number “523.250" and inserting in lieu thereof the number “523.253"; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Richard offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2.
House Amendment No. 1
to
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Substitute Amendment No. 1 for House Amendment No. 2 to House Committee Substitute for House Bill No. 1944, Page 1, Line 16, by deleting the words “twelve thousand five hundred” and insert in lieu thereof the words “ten thousand”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Donnelly raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 2 was improperly drafted and cannot be amended.
The Chair ruled the point of order well taken for the purpose of a technical correction.
On motion of Representative Richard, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 2 was adopted.
Representative Salva offered House Amendment No. 2 to House Substitute Amendment No. 1 for House Amendment No. 2.
House Amendment No. 2
to
House Substitute Amendment No. 1
for
House Amendment No. 2
AMEND House Substitute Amendment No. 1 for House Amendment No. 2 to House Committee Substitute for House Bill No. 1944, Page 2, Line 11, by inserting after all of said line the following:
“Section 2. Any existing contract for land use or real property with a governmental entity or a condemning authority shall not later be amended without full compensation in the amount of the original contract. Once funds or land titles have been exchanged, the contract is exempt from any exceptions after a period of thirty calendar days.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Speaker Pro Tem Bearden resumed the Chair.
On motion of Representative Salva, House Amendment No. 2 to House Substitute Amendment No. 1 for House Amendment No. 2 was adopted.
On motion of Representative Rector, House Substitute Amendment No. 1 for House Amendment No. 2, as amended, was adopted.
Representative Behnen offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1944, Section 523.271, Page 11, Lines 1-3, by deleting all of said lines and inserting in lieu thereof the following:
“523.271. 1. No condemning authority shall acquire private property through the process of eminent domain for solely economic development purposes.
2. For the purposes of this section, “economic development” shall mean a use of a specific piece of property or properties which would provide an increase in the tax base, tax revenues, employment, and general economic health.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Pratt offered House Substitute Amendment No. 1 for House Amendment No. 3.
House Substitute Amendment No. 1
for
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1944, Section 523.271, Page 11, Lines 1-3, by deleting all of said lines and inserting in lieu thereof the following:
“523.271. 1. No condemning authority shall acquire private property through the process of eminent domain for solely economic development purposes.
2. For the purposes of this section, “economic development” shall mean a use of a specific piece of property or properties which would provide an increase in the tax base, tax revenues, and employment by any political subdivision.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Behnen offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 3.
House Amendment No. 1
to
House Substitute Amendment No. 1
for
House Amendment No. 3
AMEND House Substitute Amendment No. 1 for House Amendment No. 3 to House Committee Substitute for House Bill No. 1944, Page 1, Line 7, by inserting after the word “subdivision” the following:
“or state government”; and
Further amend said substitute amendment, Page 1, Line 7, by deleting the word “by” and inserting in lieu thereof the word “for”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Behnen, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.
Representative Henke offered House Amendment No. 2 to House Substitute Amendment No. 1 for House Amendment No. 3.
House Amendment No. 2
to
House Substitute Amendment No. 1
for
House Amendment No. 3
AMEND House Substitute Amendment No. 1 for House Amendment No. 3 to House Committee Substitute for House Bill No. 1944, Line 4, by deleting the word “solely” and replacing with “primarily”.
Representative Henke moved that House Amendment No. 2 to House Substitute Amendment No. 1 for House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 021 |
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Aull |
Avery |
Baker 123 |
Behnen |
Bringer |
Dake |
Frame |
Harris 110 |
Henke |
Johnson 90 |
Kuessner |
Loehner |
Meadows |
Oxford |
Roorda |
Rucker |
Shoemyer |
Smith 150 |
Walton |
Whorton |
Witte |
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NOES: 134 |
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Baker 25 |
Bearden |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Brooks |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Guest |
Harris 23 |
Haywood |
Hobbs |
Hoskins |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Low 39 |
Lowe 44 |
May |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Vogt |
Wagner |
Wallace |
Walsh |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 008 |
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Bean |
Brown 30 |
Brown 50 |
Hubbard |
Hughes |
Marsh |
Wood |
Wright 137 |
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On motion of Representative Pratt, House Substitute Amendment No. 1 for House Amendment No. 3, as amended, was adopted.
Representative Scharnhorst offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for House Bill No. 1944, Section 523.277, Page 11, Line 1, by deleting “governor’s office of the general” and inserting in lieu thereof the following:
“office of public”; and
Further amend said section, said page, Line 3, by deleting “free consultations” and inserting in lieu thereof:
“guidance, which shall not constitute legal advice,”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Scharnhorst, House Amendment No. 4 was adopted.
Representative Portwood offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for House Bill No. 1944, Page 2, Section 100.420, Line 15, by inserting after said line the following language:
“238.247. 1. The district may condemn lands for a project in the name of the state of Missouri, upon prior approval by the commission, or the local transportation authority and by ordinance of the local governing body as appropriate, as to the necessity for the taking of* the description of the parcel and the interest taken in that parcel.
2. If condemnation becomes necessary the district shall act under chapter 523, RSMo, and may condemn a fee simple or other interest in land.
3. The district may, after prior notice to the owner to enter upon private property, survey and determine the most advantageous route and design. The district shall be liable for all damages done to the property by such inspection.
4. Any person who involuntarily transfers any interest in land to a district which becomes insolvent and comes under the jurisdiction of a court may reacquire that property by paying to the district the total amount of the condemnation award for that parcel, plus statutory interest at the statutory rate from the date of taking on the amount of that award, if the project will not be completed by either the district, the commission or a local transportation authority.
5. Whenever a district undertakes any project which results in the acquisition of real property or in any person or persons being displaced from their homes, businesses, or farms, the district shall provide relocation assistance and make relocation payments to such displaced person and do such other acts and follow such procedures as would be necessary to comply with the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Portwood, House Amendment No. 5 was adopted.
Representative Donnelly offered House Amendment No. 6.
Representative Yates raised a point of order that House Amendment No. 6 amends previously amended material.
Representative Pratt raised an additional point of order that House Amendment No. 6 is dilatory.
The Chair ruled the first point of order well taken.
The Chair ruled the second point of order not well taken.
Representative Vogt offered House Amendment No. 7.
House Amendment No. 7
AMEND House Committee Substitute for House Bill No. 1944, Section 1, Page 12, Line 11, by inserting after all of said line the following:
“3. In any project where redevelopment rights are acquired through the use of the power of eminent domain only after making a determination of blight, and when such redevelopment rights have been granted to two or more entities having equal rights to the redevelopment, any entity having equal rights and actively redeveloping the property shall have a cause of action against another entity in the same project who has failed to actively redevelop the property;
4. Failure to actively redevelop property shall be defined as a failure to perform any significant demolition, construction or improvement on the property in any one year period. The mere acquisition of property shall not be construed as active redevelopment;
5. The remedy for failure to actively redevelop any property acquired through the use of the power of eminent domain only after making a determination of blight shall allow the actively redeveloping party to purchase the interests and property of the party who has failed to actively redevelop the property for the fair market value of such property.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Storch offered House Amendment No. 1 to House Amendment No. 7.
House Amendment No. 1
to
House Amendment No. 7
AMEND House Amendment No. 7 to House Committee Substitute for House Bill No. 1944, Page 1, Line 8, by inserting after all of said line the following:
“4. In any project where redevelopment rights are acquired through the use of the power of eminent domain only after making a determination of blight, and when such redevelopment rights have been granted to only one entity, the owner or owners of record of such property prior to the condemnation shall have a cause of action against the entity who has failed to redevelop the property.”; and
Further amend said amendment, Page 1, Line 14, by inserting after the first occurrence of the word “party” the following:
“or the owner or owners of record of such property prior to condemnation”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Storch moved that House Amendment No. 1 to House Amendment No. 7 be adopted.
Which motion was defeated by the following vote:
AYES: 064 |
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Aull |
Baker 25 |
Black |
Bogetto |
Bowman |
Boykins |
Bringer |
Brooks |
Burnett |
Casey |
Chappelle-Nadal |
Dake |
Darrough |
Daus |
Donnelly |
Dougherty |
El-Amin |
Flook |
Frame |
Fraser |
George |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hoskins |
Hubbard |
Johnson 90 |
Kratky |
Kuessner |
Lampe |
Lembke |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Myers |
Oxford |
Page |
Robinson |
Roorda |
Rucker |
Salva |
Schoemehl |
Shoemyer |
Skaggs |
Smith 150 |
Spreng |
Storch |
Swinger |
Villa |
Vogt |
Wagner |
Walsh |
Walton |
Whorton |
Wildberger |
Witte |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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NOES: 091 |
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|
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Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Bland |
Bruns |
Chinn |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Franz |
Guest |
Hobbs |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Jolly |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lipke |
Loehner |
May |
McGhee |
Moore |
Munzlinger |
Muschany |
Nance |
Nieves |
Nolte |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Self |
Silvey |
Smith 14 |
Smith 118 |
Stevenson |
St. Onge |
Sutherland |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Wood |
Wright 159 |
Yates |
Mr Speaker |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 008 |
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Bean |
Brown 30 |
Brown 50 |
Corcoran |
Hughes |
Marsh |
Schneider |
Wright 137 |
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Representative Vogt moved that House Amendment No. 7 be adopted.
Which motion was defeated.
Representative Harris (110) offered House Amendment No. 8.
House Amendment No. 8
AMEND House Committee Substitute for House Bill No. 1944, Section 1, Page 12, Line 11, by inserting the following:
“Section 2. No condemning authority shall have the right to acquire by the exercise of the power of eminent domain any real property in fee simple or any other estate upon which a place of religious worship is situated. For the purpose of this section, a “place of religious worship” shall mean any place where an organization, church, body of communicants, or group, gathers in common membership for mutual support and edification in piety, worship and religious observances or any society of individuals united for religious purposes at a definite place. In order to qualify as a religious organization, no part of the net earnings of the organization may inure to the benefit of any private shareholder or any individual member or such organization. Such organization must have obtained an exemption from the payment of federal income taxes as provided by section 501(c)(3) or section 501(d) of the Internal Revenue Code of 1954, as amended.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Pratt offered House Amendment No. 1 to House Amendment No. 8.
House Amendment No. 1
to
House Amendment No. 8
AMEND House Amendment No. 8 to House Committee Substitute for House Bill No. 1944, Page 1, Line 13, by inserting after the word “amended” the following:
“, for ten consecutive years at the same location”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Pratt, House Amendment No. 1 to House Amendment No. 8 was adopted by the following vote:
AYES: 127 |
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Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bringer |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
George |
Guest |
Harris 110 |
Haywood |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Lager |
Lembke |
Liese |
Lipke |
Loehner |
Low 39 |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Shoemyer |
Silvey |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Sutherland |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Yates |
Young |
Mr Speaker |
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NOES: 029 |
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|
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Aull |
Baker 25 |
Bowman |
Boykins |
Brooks |
Dake |
Darrough |
Donnelly |
El-Amin |
Frame |
Fraser |
Harris 23 |
Henke |
Johnson 90 |
Kuessner |
Lampe |
LeVota |
Lowe 44 |
Oxford |
Robinson |
Roorda |
Rucker |
Skaggs |
Storch |
Swinger |
Wildberger |
Wright-Jones |
Yaeger |
Zweifel |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 007 |
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Bean |
Brown 30 |
Brown 50 |
Hughes |
Marsh |
Vogt |
Wright 137 |
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On motion of Representative Harris (110), House Amendment No. 8, as amended, was adopted by the following vote:
AYES: 154 |
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Aull |
Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Bringer |
Brooks |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Dake |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Frame |
Franz |
Fraser |
George |
Guest |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 000 |
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PRESENT: 001 |
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Lowe 44 |
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ABSENT WITH LEAVE: 008 |
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Baker 25 |
Bean |
Brown 30 |
Brown 50 |
Hughes |
Marsh |
Vogt |
Wright 137 |
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Representative Dixon assumed the Chair.
Representative Frame offered House Amendment No. 9.
House Amendment No. 9
AMEND House Committee Substitute for House Bill No. 1944, Section 3, Page 13, Line 23, by inserting after all of said line the following:
“Section 4. No condemning authority shall acquire property through the exercise of the power of eminent domain where such property’s current use is for the purpose of selling, purchasing, or trading in firearms or weapons.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Harris (110) offered House Amendment No. 1 to House Amendment No. 9.
House Amendment No. 1
to
House Amendment No. 9
AMEND House Amendment No. 9 to House Committee Substitute for House Bill No. 1944, Page 1, Line 5, by inserting after the word “weapons”:
"or acquire any property through the exercise of the power of Eminent Domain where such property will be used for the purposes of operating any establishment where embryonic stem cell research or somatic cell nuclear transfer (SCNT) occurs.".
Representative Johnson (90) offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 9.
Representative Bringer raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 9 is out of order pursuant to Rule 45(b).
Representative Dixon requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
Speaker Jetton resumed the Chair.
On motion of Representative Harris (110), House Amendment No. 1 to House Amendment No. 9 was adopted by the following vote:
AYES: 084 |
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Avery |
Baker 123 |
Behnen |
Bivins |
Bringer |
Bruns |
Casey |
Chinn |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Dake |
Davis |
Day |
Deeken |
Denison |
Dethrow |
Dixon |
Dusenberg |
Emery |
Faith |
Fisher |
Frame |
Franz |
George |
Harris 110 |
Henke |
Hunter |
Icet |
Jackson |
Jones |
Kingery |
Kuessner |
Lager |
Liese |
Lipke |
Loehner |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Nance |
Nieves |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Roorda |
Rucker |
Ruestman |
Rupp |
Sander |
Sater |
Schad |
Scharnhorst |
Schoemehl |
Self |
Shoemyer |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Sutherland |
Swinger |
Threlkeld |
Viebrock |
Villa |
Wagner |
Walsh |
Wasson |
Wells |
Wilson 119 |
Wilson 130 |
Wood |
Wright 137 |
Wright 159 |
Mr Speaker |
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NOES: 066 |
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|
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|
|
Aull |
Bearden |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Burnett |
Chappelle-Nadal |
Cooper 120 |
Corcoran |
Curls |
Darrough |
Daus |
Dempsey |
Donnelly |
Dougherty |
El-Amin |
Ervin |
Fares |
Flook |
Fraser |
Guest |
Harris 23 |
Haywood |
Hobbs |
Hoskins |
Hubbard |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Kelly |
Lampe |
Lembke |
LeVota |
Low 39 |
Lowe 44 |
May |
Myers |
Oxford |
Page |
Parker |
Parson |
Pearce |
Robb |
Robinson |
Schaaf |
Schlottach |
Schneider |
Silvey |
Skaggs |
Stevenson |
St. Onge |
Storch |
Tilley |
Wallace |
Walton |
Weter |
Whorton |
Wildberger |
Witte |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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PRESENT: 001 |
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Salva |
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ABSENT WITH LEAVE: 012 |
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Baker 25 |
Bean |
Brooks |
Brown 30 |
Brown 50 |
Hughes |
Kratky |
Kraus |
Marsh |
Nolte |
Vogt |
Yates |
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Representative Frame moved that House Amendment No. 9, as amended, be adopted.
Which motion was defeated by the following vote:
AYES: 023 |
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|
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|
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Baker 123 |
Bringer |
Casey |
Dake |
Davis |
Dougherty |
Ervin |
Frame |
Harris 110 |
Henke |
Hoskins |
Johnson 90 |
Kuessner |
Lampe |
Meadows |
Robinson |
Roorda |
Rucker |
Shoemyer |
Swinger |
Wagner |
Whorton |
Witte |
|
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|
NOES: 129 |
|
|
|
|
|
|
|
|
|
Aull |
Avery |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Bruns |
Burnett |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dusenberg |
El-Amin |
Emery |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Guest |
Harris 23 |
Haywood |
Hobbs |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Jolly |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
May |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Oxford |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Wood |
Wright 137 |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 011 |
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Baker 25 |
Bean |
Brooks |
Brown 30 |
Brown 50 |
Hughes |
Kratky |
Marsh |
Nolte |
Salva |
Vogt |
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Representative Wright-Jones offered House Amendment No. 10.
House Amendment No. 10
AMEND House Committee Substitute for House Bill No. 1944, Section 523.205, Page 5, by deleting all of said section and inserting in lieu thereof the following:
“523.205. 1. Any public agency as defined in section 523.200 which is required, as a condition to the receipt of federal funds, to give relocation assistance to any displaced person is hereby authorized and directed to give similar relocation assistance to displaced persons when the property involved is being acquired for the same public purpose through the same procedures, and is being purchased solely through expenditure of state or local funds.
2. The governing body of any city, or agency thereof, prior to approval of a plan, project or area for redevelopment under the operation of chapter 99, RSMo, chapter 100, RSMo, or chapter 353, RSMo, which proposes or includes within its provisions or necessitates displacement of persons, when such displacement is not subject to the provisions of the Federal Uniform Relocation and Real Property Acquisition Policies Act of 1970 (42 U.S.C. sections 4601 to 4655, as amended) or subsection 1 of this section, shall establish by ordinance or rule a relocation policy which shall include, but not be limited to, the provisions and requirements of subsections 2 to 15 of this section, or in lieu thereof, such relocation policy shall contain provisions and requirements which are equivalent to the requirements of the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. sections 4601 to 4655, as amended).
3. As used in this section, the following terms shall mean:
(1) "Business", any lawful activity that is conducted:
(a) Primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products or commodities; or
(b) Primarily for the sale of services to the public;
(2) "Decent, safe and sanitary dwelling", a dwelling which meets applicable housing and occupancy codes. The dwelling shall:
(a) Be structurally sound, weathertight and in good repair;
(b) Contain a safe electrical wiring system;
(c) Contain an adequate heating system;
(d) Be adequate in size with respect to the number of rooms needed to accommodate the displaced person; and
(e) For a handicapped person, be free of any barriers which would preclude reasonable ingress, egress or use of the dwelling;
(3) "Handicapped person", any person who is deaf, legally blind or orthopedically disabled to the extent that acquisition of another residence presents a greater burden than other persons would encounter or to the extent that modifications to the replacement residence would be necessary;
(4) "Initiation of negotiations", the delivery of the initial written offer of just compensation by the acquiring entity, to the owner of the real property, to purchase such real property for the project, or the notice to the person that he will be displaced by rehabilitation or demolition;
(5) "Person", any individual, family, partnership, corporation, or association who has a legal right to occupy the property, including but not limited to, month-to-month tenants.
4. Every urban redevelopment corporation acquiring property within a redevelopment area shall submit a relocation plan as part of the redevelopment plan.
5. Unless the property acquisition under the operation of chapter 99, RSMo, chapter 100, RSMo, or chapter 353, RSMo, is subject to federal relocation standards or subsection 1 of this section, the relocation plan shall provide for the following:
(1) Payments to all eligible displaced persons, as defined in section 523.200, who occupied the property to be acquired for not less than ninety days prior to the [initiation of negotiations] execution of the redevelopment agreement who are required to vacate the premises;
(2) A program for identifying special needs of displaced persons with specific consideration given to income, age, size of family, nature of business, availability of suitable replacement facilities and vacancy rates of affordable facilities;
(3) A program for providing proper and timely notice to all displaced persons whether or not they may be displaced, including a general description of their potential rights and benefits if they are displaced, their eligibility for relocation assistance, and the nature of that assistance. The notices required for compliance with this section are as follows:
(a) A general information notice that shall be issued at the approval and selection of a designated redeveloper and shall inform residential and nonresidential owners and occupants of a potential project, including the potential acquisition of the property;
(b) A notice of relocation eligibility that shall be issued as soon as feasible after the execution of the redevelopment agreement and shall inform residential and nonresidential occupants within the project area who will be displaced of their relocation assistance and nature of that assistance, including ninety days' advanced notice of the date the occupants must vacate;
(4) A program for referrals of displaced persons with provisions for a minimum of three decent, safe and sanitary housing referrals for residential persons or suitable referral sites for displaced businesses, a minimum of ninety days' notice of referral sites for [handicapped displaced persons and sixty days' notice of referral sites for] all [other] displaced persons prior to the date such displaced persons are required to vacate the premises, and arrangements for transportation to inspect referral sites; and
[(4)] (5) Every displaced person shall be given a ninety-day notice to vacate, prior to the date such displaced person is required to vacate the premises.
6. All displaced residential persons eligible for payments shall be provided with relocation payments based upon one of the following, at the option of the person:
(1) A [five-hundred-dollar] one-thousand-dollar fixed payment; or
(2) Actual reasonable costs of relocation including actual moving costs, utility deposits, key deposits, storage of personal property up to one month, utility transfer and connection fees and other initial rehousing deposits including first and last month's rent and security deposit.
7. All displaced businesses eligible for payments shall be provided with relocation payments based upon the following, at the option of the business:
(1) A [one-thousand-five-hundred-dollar] three-thousand-dollar fixed moving expense payment and up to an additional ten thousand dollars for reestablishment expenses; [or]
(2) Actual costs of moving including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment and costs for relettering similar signs and similar replacement stationery[.]; or
(3) A fixed payment of a minimum of one thousand dollars up to a maximum of twenty thousand dollars instead of moving expenses (including reestablishment expenses) if the business meets the following criteria:
(a) The business discontinues operations;
(b) The ownership is the same as the displaced business; and
(c) The business does not have other locations engaged in similar business activities.
The amount of the fixed payments shall be based upon the average annual net earnings for a two-year period of business operations. The two-year period shall be the two tax years prior to the tax year in which the displacement is occurring.
8. If a displaced person demonstrates the need for an advance relocation payment, in order to avoid or reduce a hardship, the developer or public agency shall issue the payment subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished. Payment for a satisfactory claim shall be made within thirty days following receipt of sufficient documentation to support the claim. All claims for relocation payment shall be filed with the displacing agency within six months after:
(1) For tenants, the date of displacement;
(2) For owners, the date of displacement or the final payment for the acquisition of the real property, whichever is later.
9. Any displaced person, who is also the owner of the premises, may waive relocation payments as part of the negotiations for acquisition of the interest held by such person. [Such waiver shall be in writing, shall disclose the person's knowledge of the provisions of this section and his entitlement to payment and shall be filed with the acquiring public agency.] However, any such waiver shall not include any notice provisions of this section, and a displaced person shall remain entitled to all of the provisions regarding programs which are contained in subdivisions (2) and (3) of subsection 5 of this section.
10. All persons eligible for relocation benefits shall be notified in writing of the availability of such relocation payments and assistance, with such notice to be given concurrently with the notice of referral sites as required in subdivision [(3)] (4) of subsection 5 of this section.
11. Any urban redevelopment corporation, its assigns or transferees, which have been provided any assistance under the operation of chapter 99, RSMo, chapter 100, RSMo, chapter 353, RSMo, or this chapter, with land acquisition by the local governing body, shall be required to make a report to the local governing body or appropriate public agency which shall include, but not be limited to, the addresses of all occupied residential buildings and structures within the redevelopment area and the names and addresses of persons displaced by the redeveloper and specific relocation benefits provided to each person, as well as a sample notice provided to each person.
12. An urban redevelopment corporation which fails to comply with the relocation requirements provided in this section shall not be eligible for tax abatement as provided for in chapter 353, RSMo.
13. The requirements set out in this section shall be considered minimum standards. In reviewing any proposed relocation plan under the operation of chapter 99, RSMo, chapter 100, RSMo, or chapter 353, RSMo, the local governing body or public agency shall determine the adequacy of the proposal and may require additional elements to be provided. 14. Relocation assistance shall not be provided to any person who purposely resides or locates his business in a redevelopment area solely for the purpose of obtaining relocation benefits.
15. The provisions of sections 523.200 and 523.205 shall apply to land acquisitions under the operation of chapter 99, RSMo, chapter 100, RSMo, or chapter 353, RSMo, filed for approval, approved or amended on or after August 31, 1991.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Donnelly offered House Amendment No. 1 to House Amendment No. 10.
House Amendment No. 1
to
House Amendment No. 10
AMEND House Amendment No. 10 to House Committee Substitute for House Bill No. 1944, Page 4, Line 14, by inserting after all said line:
"[.]; and
(3) A payment equal to fifty percent of the fair market value of the condemned property. Such payment shall not exceed $100,000.".
On motion of Representative Donnelly, House Amendment No. 1 to House Amendment No. 10 was adopted by the following vote:
AYES: 151 |
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Aull |
Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Bringer |
Brooks |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Curls |
Dake |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Frame |
Franz |
Fraser |
George |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 005 |
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Guest |
Johnson 47 |
Kelly |
Schaaf |
Wallace |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 007 |
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Baker 25 |
Bean |
Brown 30 |
Brown 50 |
Hughes |
Marsh |
Vogt |
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Representative Wright-Jones moved that House Amendment No. 10, as amended, be adopted.
Which motion was defeated by the following vote:
AYES: 063 |
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Aull |
Bland |
Bogetto |
Bowman |
Boykins |
Bringer |
Brooks |
Burnett |
Casey |
Chappelle-Nadal |
Corcoran |
Curls |
Dake |
Darrough |
Daus |
Donnelly |
Dougherty |
El-Amin |
Frame |
Fraser |
George |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hoskins |
Johnson 61 |
Johnson 90 |
Jolly |
Kratky |
Kuessner |
Lampe |
LeVota |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Oxford |
Page |
Robinson |
Roorda |
Rucker |
Salva |
Schoemehl |
Shoemyer |
Skaggs |
Spreng |
Storch |
Swinger |
Villa |
Wagner |
Walsh |
Walton |
Whorton |
Wildberger |
Witte |
Wright 137 |
Wright 159 |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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NOES: 092 |
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Avery |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bruns |
Chinn |
Cooper 120 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Guest |
Hobbs |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lembke |
Lipke |
Loehner |
May |
McGhee |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Ruestman |
Rupp |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Self |
Silvey |
Smith 14 |
Smith 118 |
Smith 150 |
Stevenson |
St. Onge |
Sutherland |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Wood |
Yates |
Mr Speaker |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 008 |
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Baker 25 |
Bean |
Brown 30 |
Brown 50 |
Cooper 155 |
Hughes |
Marsh |
Vogt |
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Representative Kuessner offered House Amendment No. 11.
House Amendment No. 11
AMEND House Committee Substitute for House Bill No. 1944, Section 523.271, Page 11, Line 3, by inserting after all of said line the following:
“In counties of the third classification, where property is acquired through the use of eminent domain, tax increment financing shall not be used for development of such property.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Johnson (47) offered House Substitute Amendment No. 1 for House Amendment No. 11.
House Substitute Amendment No. 1
for
House Amendment No. 11
AMEND House Committee Substitute for House Bill No. 1944, Section 523.271, Page 11, Line 3, by inserting after all of said line the following:
“In any county of the third classification without a township form of government and with more than eight thousand three hundred but fewer than eight thousand four hundred inhabitants, where property is acquired through the use of eminent domain, tax increment financing shall not be used for development of such property.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Cooper (120) assumed the Chair.
Representative Kuessner offered House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 11.
Representative Johnson (47) raised a point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 11 is out of order in that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 11 is the same as the original amendment.
Representative Yates raised an additional point of order that House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 11 is a substitute amendment and is in the third degree.
Speaker Pro Tem Bearden resumed the Chair.
The Chair ruled the second point of order well taken.
On motion of Representative Johnson (47), House Substitute Amendment No. 1 for House Amendment No. 11 was adopted.
Representative Cooper (120) resumed the Chair.
Representative Meadows offered House Amendment No. 12.
House Amendment No. 12
AMEND House Committee Substitute for House Bill No. 1944, Section 523.250, Page 9, beginning with Line 49, by deleting the following:
“one hundred eighty days” and inserting “sixty days”.
Representative Nieves assumed the Chair.
Representative Meadows moved that House Amendment No. 12 be adopted.
Which motion was defeated.
Representative Pratt assumed the Chair.
Representative Henke offered House Amendment No. 13.
House Amendment No. 13
AMEND House Committee Substitute for House Bill No. 1944, Page 10, Section 523.259, Line 2, by deleting the word “may” and inserting in lieu thereof “shall”; and
Further amend House Committee Substitute for House Bill No. 1944, Page 10, Section 523.259, Line 3, by deleting the word “may” and inserting in lieu thereof “shall”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Henke, House Amendment No. 13 was adopted.
Representative Harris (110) offered House Amendment No. 14.
House Amendment No. 14
AMEND House Committee Substitute for House Bill No. 1944, Section 99.120, Page 1, Line 1, by inserting immediately before said line the following:
“99.020. The following terms, wherever used or referred to in sections 99.010 to 99.230, shall have the following respective meanings unless a different meaning clearly appears from the context:
(1) "Area of operation", in the case of a housing authority of a city, shall include such city; in the case of a housing authority of a county, shall include all of the county except that portion which lies within the territorial boundaries of any city as herein defined;
(2) "Authority" or "housing authority" shall mean any of the municipal corporations created by section 99.040;
(3) "Blighted" shall mean any area where [dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors are detrimental to safety, health and morals] there has been an inability to pay reasonable taxes, that is abandoned and is a significant hazard to the public health and safety. A blight determination must be made on a property by property basis;
(4) "Bonds" shall mean any bonds, notes, interim certificates, debentures, or other obligations issued by the authority pursuant to this chapter;
(5) "City" shall mean any city, town or village in the state;
(6) "The city" shall mean the particular city for which a particular housing authority is created;
(7) "Clerk" shall mean the clerk of the city or the clerk of the county commission, as the case may be, or the officer charged with the duties customarily imposed on such clerk;
(8) "County" shall mean any county in the state;
(9) "The county" shall mean the particular county for which a particular housing authority is created;
(10) "Federal government" shall include the United States of America, the United States Department of Housing and Urban Development or any other agency or instrumentality, corporate or otherwise, of the United States of America;
(11) "Governing body" shall mean, in the case of a city, the city council, common council, board of aldermen or other legislative body of the city, and in the case of a county, the county commission or other legislative body of the county;
(12) "Housing project" shall mean any work or undertaking, whether in a blighted or other area:
(a) To demolish, clear or remove buildings. Such work or undertaking may include the adaptation of such area to public purposes, including parks or other recreation or community purposes; or
(b) To provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of very low and lower income. Such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, site preparation, gardening, administrative, community, health, welfare or other purposes. Such work or undertaking may also include housing, for persons of moderate income, offices, stores, solar energy access, parks, and recreational and educational facilities, provided that such activities be undertaken only in conjunction with the provision of housing for persons of very low and lower income, and provided further that any profit of the authority shall be distributed as provided in subsection 3 of section 99.080; or
(c) To accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property; the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith;
(d) In the planning and carrying out of any housing project owned and operated by a housing authority, a housing authority shall establish procedures for allocating any training and employment opportunities which may arise from such activity to qualified persons of very low and lower income who have been unemployed for one year or more and reside within the area of operation of the housing authority;
(13) "Mayor" shall mean the elected mayor of the city or the elected officer thereof charged with duties customarily imposed on the mayor or executive head of the city;
(14) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessor demising to the authority property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority;
(15) "Persons of very low income" means those persons or families whose annual income does not exceed fifty percent of the median income for the area. "Persons of lower income" means those persons or families whose annual income is greater than fifty but does not exceed eighty percent of the median income for the area. "Persons of moderate income" means those persons or families whose annual income is greater than eighty but does not exceed one hundred and fifty percent of the median income for the area. For purposes of this subdivision, median income for the area shall be determined in accordance with section 1437a, Title 42, United States Code, including any amendments thereto. Any and all references to "persons of low income" in this chapter shall mean persons of very low, lower or moderate income as defined herein;
(16) "Profit" shall mean the difference between gross revenues and necessary and ordinary business expenses, including debt service, if any;
(17) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.”; and
Further amend said substitute, Section 100.420, Page 2, Line 15, by inserting immediately after said line the following:
“353.020. The following terms, whenever used or referred to in this chapter, mean:
(1) "Area", that portion of the city which the legislative authority of such city has found or shall find to be blighted so that the clearance, replanning, rehabilitation, or reconstruction thereof is necessary to effectuate the purposes of this law. Any such area may include buildings or improvements not in themselves blighted, and any real property, whether improved or unimproved, the inclusion of which is deemed necessary for the effective clearance, replanning, reconstruction or rehabilitation of the area of which such buildings, improvements or real property form a part;
(2) "Blighted area", that portion of the city within which the legislative authority of such city determines [that by reason of age, obsolescence, inadequate or outmoded design or physical deterioration have become economic and social liabilities, and that such conditions are conducive to ill health, transmission of disease, crime or] on a property by property basis to be abandoned, a significant hazard to public health and safety, and that the property owner has the inability to pay reasonable taxes;
(3) "City" or "such cities", any city within this state and any county of the first classification with a charter form of government and a population of at least nine hundred thousand inhabitants or any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants. The county's authority pursuant to this chapter shall be restricted to the unincorporated areas of such county;
(4) "Development plan", a plan, together with any amendments thereto, for the development of all or any part of a blighted area, which is authorized by the legislative authority of any such city;
(5) "Legislative authority", the city council or board of aldermen of the cities affected by this chapter;
(6) "Mortgage", a mortgage, trust indenture, deed of trust, building and loan contract, or other instrument creating a lien on real property, to secure the payment of an indebtedness, and the indebtedness secured by any of them;
(7) "Real property" includes lands, buildings, improvements, land under water, waterfront property, and any and all easements, franchises and hereditaments, corporeal or incorporeal, and every estate, interest, privilege, easement, franchise and right therein, or appurtenant thereto, legal or equitable, including restrictions of record, created by plat, covenant or otherwise, rights-of-way and terms for years;
(8) "Redevelopment", the clearance, replanning, reconstruction or rehabilitation of any blighted area, and the provision for such industrial, commercial, residential or public structures and spaces as may be appropriate, including recreational and other facilities incidental or appurtenant thereto;
(9) "Redevelopment project", a specific work or improvement to effectuate all or any part of a development plan;
(10) "Urban redevelopment corporation", a corporation organized pursuant to this chapter; except that any life insurance company organized pursuant to the laws of, or admitted to do business in, the state of Missouri may from time to time within five years after April 23, 1946, undertake, alone or in conjunction with, or as a lessee of any such life insurance company or urban redevelopment corporation, a redevelopment project pursuant to this chapter, and shall, in its operations with respect to any such redevelopment project, but not otherwise, be deemed to be an urban redevelopment corporation for the purposes of this section and sections 353.010, 353.040, 353.060 and 353.110 to 353.160.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative El-Amin offered House Amendment No. 1 to House Amendment No. 14.
House Amendment No. 1
to
House Amendment No. 14
AMEND House Amendment No. 14 to House Committee Substitute for House Bill No. 1944, Page 5, Line 22, by inserting after said line the following:
“Further amend said bill, Section 523.274, Page 11, Lines 4-5, by deleting “If the condemning authority finds that the area is predominantly blighted, it may proceed with condemnation of any parcels in such area.”“; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative El-Amin, House Amendment No. 1 to House Amendment No. 14 was adopted by the following vote:
AYES: 155 |
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Aull |
Avery |
Baker 25 |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Bringer |
Brooks |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Dake |
Darrough |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Frame |
Franz |
Fraser |
George |
Guest |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Oxford |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 000 |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 008 |
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Bean |
Brown 30 |
Brown 50 |
Corcoran |
Hughes |
Kratky |
Marsh |
Vogt |
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Representative Harris (110) moved that House Amendment No. 14, as amended, be adopted.
Which motion was defeated by the following vote:
AYES: 021 |
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Avery |
Behnen |
Bringer |
Casey |
Dake |
Davis |
El-Amin |
Frame |
Harris 110 |
Haywood |
Henke |
Kuessner |
Lembke |
May |
Meadows |
Oxford |
Portwood |
Roorda |
Shoemyer |
Smith 150 |
Whorton |
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NOES: 134 |
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Aull |
Baker 25 |
Baker 123 |
Bearden |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Bruns |
Burnett |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
George |
Guest |
Harris 23 |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Lager |
Lampe |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
Lowe 44 |
McGhee |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Wright-Jones |
Yaeger |
Yates |
Young |
Zweifel |
Mr Speaker |
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PRESENT: 001 |
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Brooks |
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ABSENT WITH LEAVE: 007 |
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Bean |
Brown 30 |
Brown 50 |
Corcoran |
Hughes |
Marsh |
Vogt |
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On motion of Representative Hobbs, HCS HB 1944, as amended, was adopted.
On motion of Representative Hobbs, HCS HB 1944, as amended, was ordered perfected and printed by the following vote:
AYES: 150 |
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Aull |
Avery |
Baker 25 |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bland |
Bogetto |
Bowman |
Boykins |
Bringer |
Brooks |
Bruns |
Burnett |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Dake |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Frame |
Franz |
Fraser |
Guest |
Harris 23 |
Harris 110 |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Kuessner |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
Low 39 |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Roark |
Robb |
Robinson |
Roorda |
Rucker |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Shoemyer |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Smith 150 |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Walsh |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wildberger |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Wright-Jones |
Yates |
Young |
Zweifel |
Mr Speaker |
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NOES: 007 |
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Corcoran |
Darrough |
George |
Lowe 44 |
Oxford |
Spreng |
Yaeger |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 006 |
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Bean |
Brown 30 |
Brown 50 |
Hughes |
Marsh |
Vogt |
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REFERRAL OF HOUSE RESOLUTION
The following House Resolution was referred to the Committee indicated:
HR 1930 - Utilities
REFERRAL OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was referred to the Committee indicated:
HCR 49 - Utilities
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HCS HB 1837 - Fiscal Review (Fiscal Note)
HB 1734 - Crime Prevention and Public Safety
HB 1803 - Transportation
HB 2026 - Financial Institutions
HB 2027 - Local Government
HB 2061 - Transportation
HB 2108 - Special Committee on Energy and Environment
HB 2127 - Special Committee on Energy and Environment
HB 2143 - Elementary and Secondary Education
HB 2158 - Elections
REFERRAL OF SENATE BILLS
The following Senate Bills were referred to the Committee indicated:
SS SCS SBs 613, 1030 & 899 - Utilities
SCS SB 616 - Senior Citizen Advocacy
SB 643 - Agriculture Policy
SCS SB 646 - Local Government
SB 689 - Elections
SS SCS SB 718 - Financial Institutions
SCS SB 746 - Local Government
SB 780 - Utilities
SCS SB 798 - Professional Registration and Licensing
SB 804 - Judiciary
SB 822 - Health Care Policy
SS SCS SB 825 - Job Creation and Economic Development
SCS SRB 848 - Special Committee on General Laws
SCS SBs 858 & 868 - Health Care Policy
SS SCS SB 892 - Financial Institutions
SCS SBs 905 & 910 - Insurance Policy
SCS SB 1064 - Transportation
SS SB 1066 - Utilities
COMMITTEE REPORTS
Committee on Budget, Chairman Icet reporting:
Mr. Speaker: Your Committee on Budget, to which was referred HB 1021, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Children and Families, Chairman Phillips reporting:
Mr. Speaker: Your Committee on Children and Families, to which was referred SB 618, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Children and Families, to which was referred SCS SB 878, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Children and Families, to which was referred SB 1197, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Conservation and Natural Resources, Chairman Hobbs reporting:
Mr. Speaker: Your Committee on Conservation and Natural Resources, to which was referred HCR 34, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
HOUSE COMMITTEE SUBSTITUTE
FOR
HOUSE CONCURRENT RESOLUTION NO. 34
WHEREAS, sport fishing is a great industry, recreation, and occupation in Missouri; and
WHEREAS, hand fishing, which is also referred to as "noodling", for channel, blue, and flathead catfish is one of the ultimate challenges in the arena of sport fishing; and
WHEREAS, The United States Fish and Wildlife Service survey in 2001 found that there are approximately 467,000 catfish anglers in Missouri over the age of sixteen and by Missouri law, they can catch five flathead fish 365 days a year or 1,825 flathead fish for each permit sold; and
WHEREAS, Dr. Mark Morgan at the University of Missouri-Columbia conducted a study and found that there are approximately 2,000 hand fishers in Missouri, who are asking the Missouri Department of Conservation to allow them to hand catch five channel, blue, or flathead catfish in a sixty-day statewide season for each permit sold, which would be 0.000012 percent of the available catch of catfish anglers; and
WHEREAS, the Missouri Department of Conservation is responsible for all Missouri state fishing and game regulations and should provide hand fishers with appropriate information and regulations; and
WHEREAS, recognizing and respecting the Research Division of the Missouri Department of Conservation, they should continue balanced research on hand fishing for channel, blue, and flathead catfish; and
WHEREAS, it is the desire for some sport fishers to participate in hand fishing of channel, blue, and flathead catfish in Missouri; and
WHEREAS, hand fishing is a legalized sport in 12 States, 5 of which surround Missouri; and
WHEREAS, the legalization of hand fishing is supported by the Missouri Farm Bureau, the Missouri Farmer's Union, MoFED, and the Missouri Trappers Association:
NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-third General Assembly, Second Regular Session, the Senate concurring therein, hereby strongly encourage the Missouri Department of Conservation to have a regulated statewide hand fishing season for channel, blue, and flathead catfish from June first to July thirty-first beginning in 2007 to allow hand fishers to take five of these fish by hand; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copies of this resolution for the Commissioners of the Missouri Department of Conservation.
Committee on Corrections and Public Institutions, Chairman Kelly reporting:
Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred SB 612, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred SB 712, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred SCS SB 870, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred SB 881, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred SCS#2 SB 1003, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Crime Prevention and Public Safety, Chairman Lipke reporting:
Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SB 666, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SB 977, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SCS SB 1086, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Elections, Chairman May reporting:
Mr. Speaker: Your Committee on Elections, to which was referred SB 726, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Elementary and Secondary Education, Chairman Cunningham (86) reporting:
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred HCS HBs 2008, 1901, 1218 & 1062, begs leave to report it has examined the same and recommends that the House Committee Substitute No. 2 Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred SCS SB 580, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred SCS SB 769, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred SB 834, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Elementary and Secondary Education, to which was referred SB 1085, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Higher Education, Chairman Kingery reporting:
Mr. Speaker: Your Committee on Higher Education, to which was referred HB 2038, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules
Mr. Speaker: Your Committee on Higher Education, to which was referred SCS SB 650, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Higher Education, to which was referred SCS SB 1122, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Judiciary, Chairman Pratt reporting:
Mr. Speaker: Your Committee on Judiciary, to which was referred HB 1082, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Judiciary, to which was referred SB 785, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Judiciary, to which was referred SB 845, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Judiciary, to which was referred SB 1045, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Judiciary, to which was referred SB 1146, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Judiciary, to which was referred SB 1208, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Professional Registration and Licensing, Chairman Behnen reporting:
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred SCS SB 756, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred SB 1057, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Special Committee on Agri-Business, Chairman Munzlinger reporting:
Mr. Speaker: Your Special Committee on Agri-Business, to which was referred HB 1749, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Special Committee on Agri-Business, to which was referred HB 1970, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Special Committee Agri-Business, to which was referred SCS SB 773, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Special Committee on General Laws, Chairman Roark reporting:
Mr. Speaker: Your Special Committee on General Laws, to which was referred HJR 55, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Special Committee on General Laws, to which was referred HB 1642, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Special Committee on General Laws, to which was referred HB 1814, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Special Committee on General Laws, to which was referred SB 919, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Special Committee on General Laws, to which was referred SB 1216, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Transportation, Chairman St. Onge reporting:
Mr. Speaker: Your Committee on Transportation, to which was referred HB 1704, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
House Committee Amendment No. 1
AMEND House Bill No. 1704, Page 1, In the Title, Line 3, by inserting at the end of said line the following:
"with an emergency clause"; and
Further amend said bill, Page 4, Section 302.171, Line 85, by inserting after all of said line the following:
"Section B. Because immediate action is necessary to ensure that Missouri's elderly citizens are able to traverse the highways of Missouri, the repeal and reenactment of section 302.171 of section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace, and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and the repeal and reenactment of section 302.171 of section A of this act shall be in full force and effect upon its passage and approval."; and
Further amend said title, enacting clause and intersectional references accordingly.
Mr. Speaker: Your Committee on Transportation, to which was referred SCS SBs 667, 704, 941, 956 & 987, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred SCS SB 747, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred SB 931, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred SB 952, begs leave to report it has examined the same and recommends that it Do Not Pass.
Mr. Speaker: Your Committee on Transportation, to which was referred SB 990, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
House Committee Amendment No. 1
AMEND Senate Bill No. 990, Page 1, Section A, Line 2, by inserting after all of said line the following:
"227.308. The portion of highway H located within the county of the third classification without a township form of government and with more than fourteen thousand nine hundred but fewer than fifteen thousand inhabitants from the intersection of highway 72 to the intersection of highway DD shall be named the "Deputy Joann Barnes Memorial Highway". The costs for such designation shall be paid for by private donations."; and
Further amend said title, enacting clause and intersectional references accordingly.
Mr. Speaker: Your Committee on Transportation, to which was referred SCS SB 1048, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred SCS SB 1059, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Transportation, to which was referred SB 1139, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Veterans, Chairman Jackson reporting:
Mr. Speaker: Your Committee on Veterans, to which was referred SCS SB 830, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Veterans, to which was referred SB 964, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Veterans, to which was referred SCS SB 1026, begs leave to report it has examined the same and recommends that it Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Veterans, to which was referred SCS SB 1060, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Mr. Speaker: Your Committee on Veterans, to which was referred SB 1189, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
Committee on Rules, Chairman Cooper (120) reporting:
Mr. Speaker: Your Committee on Rules, to which was referred HR 1720, begs leave to report it has examined the same and recommends that it Do Pass.
HOUSE RESOLUTION NO. 1720
WHEREAS, the Missouri House of Representatives recognizes the importance of empowering citizens to actively participate in the democratic process; and
WHEREAS, the Missouri House of Representatives has a long tradition of rendering assistance to those organizations that sponsor projects in the interest of good citizenship; and
WHEREAS, the Cooperative Youth Conference & Leadership sponsored by the Association of Missouri Electric Cooperatives is an educational experience in state government for youth by allowing such youth to participate in the democratic process:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-third General Assembly, hereby grant the Cooperative Youth Conference & Leadership Experience permission to use the House Chamber on Thursday, July 27, 2006, from 7 a.m. to 5 p.m.
Mr. Speaker: Your Committee on Rules, to which was referred HCS HB 1900, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred HB 1975, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred SB 641, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred SB 677, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 765, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred SB 818, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred SB 900, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SB 932, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred SB 974, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Rules, to which was referred HCS SCS SBs 1001, 896 & 761, begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Rules, to which was referred SB 1084, begs leave to report it has examined the same and recommends that it Be Returned to Committee of Origin.
Mr. Speaker: Your Committee on Rules, to which was referred SCS SB 1117, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
INTRODUCTION OF HOUSE BILL - APPROPRIATIONS
The following House Bill was read the first time and copies ordered printed:
HB 1022, introduced by Representatives Icet, Jetton, Bearden, Robb, Wilson (130), Dixon, Dempsey, Guest, Hobbs, Ruestman, Kingery, Deeken, Moore, Sander, May, Behnen, Self, Sater, Rector and Weter, to appropriate money for scholarships, planning, expenses, and for capital improvements including, but not limited to, major additions and renovations, new structures, and land improvements or acquisitions for the fiscal period beginning July 1, 2006 and ending June 30, 2007.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, April 13, 2006.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Fifty-fourth Day, Tuesday, April 11, 2006, Page 1000, Line 5, by inserting immediately after said line the following:
REFERRAL OF HOUSE BILL
HCS HB 1092 - Fiscal Review (Fiscal Note)
Page 1002, Line 6, by inserting immediately after said line the following:
Special Committee on Healthcare Facilities, Chairman Schaaf reporting:
Mr. Speaker: Your Special Committee on Healthcare Facilities, to which was referred SB 1155, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.
_________
AFFIDAVIT
I, State Representative Jim Avery, District 95, hereby state and affirm that my vote as recorded on the motion to adopt House Amendment No. 1 to House Amendment No. 7 to HCS HB 1944 of the House Journal for Wednesday, April 12, 2006 showing that I voted "no" was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted "aye". I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.
IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 12th day of April 2006.
/s/ Jim Avery
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 12th day of April in the year 2006.
/s/ Stephen S. Davis
Chief Clerk
COMMITTEE MEETINGS
FISCAL REVIEW
Thursday, April 13, 2006, 8:30 a.m. Hearing Room 4.
Committee will hear any perfected bills that are referred before the hearing.
Executive session may follow. CANCELLED
HEALTH CARE POLICY
Thursday, April 13, 2006, 8:00 a.m. Hearing Room 7.
Executive session.
Public hearings to be held on: HB 2073, HB 2087
INSURANCE POLICY
Thursday, April 13, 2006, 9:00 a.m. Hearing Room 1.
Executive session.
LOCAL GOVERNMENT
Thursday, April 13, 2006, 8:00 a.m. Hearing Room 6.
Executive session may follow.
Public hearings to be held on: HB 2047, HB 1952, HB 2048, SB 1002
RULES
Thursday, April 13, 2006, 9:00 a.m. Hearing Room 3.
Executive session may follow.
Public hearing to be held on: HR 1131
RULES [PURSUANT TO RULE 25(26)(f)]
Thursday, April 13, 2006, 9:00 a.m. Hearing Room 3.
Public hearings to be held on: HCS HB 2040, SB 558, HCS SCS SB 968, SB 1207, SB 1094,
SB 1016, SB 1177, SB 828, HCS SB 893, HCS SB 819, HCS SB 725, SB 1056, SCS SB 749, SCS SB 934, SB 1155, SB 1020, SB 871
RULES [PURSUANT TO RULE 25(26)(f)]
Thursday, April 13, 2006, Hearing Room 7 upon morning adjournment.
CORRECTED NOTICE
Public hearings to be held on: HJR 55, HB 1423, SB 1189, SB 1139, SB 1197, SB 618,
SB 1208, SB 785, SCS SB 1060, SB 845, SB 1085, HCS SCS SB 1086, SCS SB 1059,
SB 1146, SCS SB 830, SB 964, SCS SB 870, SCS#2 SB 1003, HCS SCS SB 769, HCS SB 834, SB 919, HCS SB 712, SB 931, HCS SCS SB 1122, SB 1216, HCS SB 1045, SB 881, SB 612, SCS SBs 667, 704, 941, 956 & 987, SCS SB 580, SB 726, SCS SB 650, SB 1057,
HCS SCS SB 756, HCS SB 977, SB 990, SCS SB 747
HOUSE CALENDAR
FIFTY-SIXTH DAY, THURSDAY, APRIL 13, 2006
HOUSE BILL FOR SECOND READING - APPROPRIATIONS
HB 1022
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HJR 40 - Avery
2 HJR 44 - Whorton
3 HCS HJR 48 - Bearden
HOUSE BILLS FOR PERFECTION
1 HCS HB 1151 - Cunningham (86)
2 HCS HB 974 - Davis
3 HB 1498 - Dethrow (4 hours debate on Perfection)
4 HB 1071 - Phillips
5 HCS HB 1378, 1379, 1391 & 1541 - St. Onge
6 HB 1619 - Sutherland
7 HCS HB 1141 - Jackson
8 HCS HB 1441, as amended, *HSA 1 for HA 3, HA 3, pending - Sutherland
9 HCS HB 1534 - Lembke
10 HCS HB 1080 - Schaaf
11 HCS HB 1322 - Lipke
12 HCS HB 1487 - Parker
13 HCS HB 1581 - Jetton
14 HCS HB 1677 - Ervin
15 HCS HB 1726 - Johnson (47)
16 HCS HB 1767 - Bruns
17 HCS HB 1155 - Yates
18 HCS HB 1194 - Cunningham (86)
19 HCS HB 1162 - Deeken
20 HB 1728 - Rector
21 HCS HB 1137 - Darrough
22 HB 1412 - Portwood
23 HCS HB 1316 - Lipke (2 hours debate on Perfection)
24 HB 1499 - May
25 HB 1910 - Fisher
26 HCS HB 1928 - Ervin
27 HCS HB 1939 - Hunter
28 HCS HB 1607 - Schneider
29 HCS HB 1036 - Sander
30 HCS HB 1347 - Myers
31 HB 1536 - Schaaf
32 HCS HB 1761 - Loehner
33 HB 1864 - Nolte
34 HB 1885 - Behnen
35 HCS HB 1900 - Dempsey
36 HB 1975 - Cunningham (145)
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1783 & 1479 - Bearden (3 hours debate on Perfection)
2 HCS HB 1075, as amended - Davis (150 minutes debate on Perfection)
3 HCS HB 1660 & 1269, as amended - Behnen
4 HCS HB 1620 - Sutherland
HOUSE BILL FOR PERFECTION - FEDERAL MANDATE
HB 1884 - Behnen
HOUSE CONCURRENT RESOLUTION FOR THIRD READING
HCR 41, (4-05-06, Page 907) - Sutherland
HOUSE JOINT RESOLUTION FOR THIRD READING
HJR 43 - Dethrow
HOUSE BILLS FOR THIRD READING
1 HCS HB 1485, (Fiscal Review 4-05-06) - Icet
2 HCS HB 1698, 1236, 995, 1362 & 1290 - Lipke
3 HCS HB 1305 - Smith (118)
4 HB 1065 - Tilley
5 HCS HB 1482 - Jackson
6 HCS HB 1092, (Fiscal Review 4-11-06) - Sater
7 HB 1905 - Jetton
8 HCS HB 1045, 1152, 1267 & 1634 - Wells
9 HB 1865 - Bearden
10 HCS HB 1837, (Fiscal Review 4-12-06) - Yates
11 HCS HB 1873, E.C. - Lembke
12 HCS HB 1944 - Hobbs
HOUSE BILL FOR THIRD READING - CONSENT - INFORMAL
HB 1522 - Sander
HOUSE CONCURRENT RESOLUTIONS
1 HCR 10, (4-05-06, Page 905) - Zweifel
2 HCR 18, (4-05-06, Page 906) - Kuessner
3 HCR 30, (3-29-06, Pages 753-754) - Wilson (130)
4 HCR 37, (4-06-06, Pages 927-928) - Loehner
SENATE BILLS FOR THIRD READING - CONSENT
(4/06/06)
SCS SBs 701 & 948 - Jackson
(4/10/06)
SB 561 - Dempsey
(4/12/06)
1 SCS SB 630 - Portwood
2 SB 559 - Rector
3 SB 648 - Denison
4 SB 678 - Smith (14)
5 SCS SB 751 - Johnson (47)
6 SCS SB 802, E.C. - Rucker
7 SB 863 - Robinson
8 SB 933 - Bruns
9 HCS SB 981 - Behnen
10 HCS SB 809 - Baker (25)
11 SB 936 - Jones
(4/13/06)
1 SB 641 - Cunningham (145)
2 SB 677 - Threlkeld
3 HCS SCS SB 765, E.C. - Weter
4 SB 900 - Moore
5 HCS SCS SB 932 - Wilson (119)
6 SB 974 - Dempsey
7 SCS SB 1117 - Stouffer
SENATE BILLS FOR THIRD READING
1 SB 645 - Richard
2 HCS SCS SB 614 - Sutherland
3 SB 766 - Bruns
4 SB 818 - Smith (118)
5 HCS SCS SBs 1001, 896 & 761, E.C. - St. Onge
SENATE CONCURRENT RESOLUTIONS
1 SCS SCR 21, (1-24-06, Pages 115-116) - Ervin
2 SCS SCR 25, (2-16-06, Pages 273-274) - Dixon