Second Regular Session, 93rd General Assembly
SIXTY-SECOND DAY, Wednesday, April 26, 2006
The House met pursuant to adjournment.
Representative Cooper (120) in the Chair.
Prayer by Reverend James Earl Jackson.
Blessed be the Lord, who is our rock. You give us strength and skill for each day’s encounter.
O Lord, who are we that You even notice us? For we are but a breath; our days are like a passing shadow. Yet You continue to shower us with Your goodness and mercy. You are our fortress, our tower of strength and safety.
When we feel overwhelmed, frustrated and anxious, You alone know which way we ought to turn for relief.
We are very much aware that our words and actions are far reaching: touching every man, woman, and child in our state. So we choose our words and actions wisely. We do not proceed as the naive or the brash, but with wisdom: listening attentively to You.
Now may the Lord of Peace Himself give us peace always in every way. The Lord be with us all.
For it’s in the name of Your Son we pray. Amen.
The Pledge of Allegiance to the flag was recited.
The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Jake Burt, Abby Clutter, Chandra Eppenauer, Melissa Fletcher, Madeleine Marie Biggs, Brody David Smith, Emma Faith Lingle, Erik Michael Stryshak, Juliana Lynn Kehoe, Austin Dunn Lamkin, Anzori Misabishvili, Seitek Kulmamatov, Iryna Brunova and Jasmin Klepper.
The Journal of the sixty-first day was approved as printed.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 2644
through
House Resolution No. 2671 - Representative Black
House Resolution No. 2672 - Representative Spreng
House Resolution No. 2673 - Representative Kuessner
House Resolution No. 2674
and
House Resolution No. 2675 - Representative Loehner
House Resolution No. 2676 - Representative Fares
House Resolution No. 2677 - Representative Munzlinger
House Resolution No. 2678 - Representative Baker (123)
House Resolution No. 2679 - Representative Harris (23), et al.
House Resolution No. 2680 - Representative McGhee
House Resolution No. 2681
through
House Resolution No. 2708 - Representative Black
House Resolution No. 2709 - Representative Shoemyer
COMMITTEE REPORT
Committee on Fiscal Review, Chairman Guest reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS SBs 872, 754 & 669 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
SPECIAL RECOGNITION
Everet Baker was introduced by Representative Baker (123) and recognized as an Outstanding Missourian.
THIRD READING OF SENATE BILL
HCS SB 837, relating to insurance board membership, was taken up by Representative Yates.
On motion of Representative Yates, HCS SB 837 was adopted.
On motion of Representative Yates, HCS SB 837 was read the third time and passed by the following vote:
AYES: 131 |
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Aull |
Avery |
Baker 25 |
Baker 123 |
Bearden |
Behnen |
Bivins |
Black |
Bogetto |
Boykins |
Brown 50 |
Bruns |
Casey |
Chinn |
Chappelle-Nadal |
Cooper 120 |
Cooper 155 |
Cooper 158 |
Cunningham 145 |
Cunningham 86 |
Curls |
Dake |
Daus |
Davis |
Day |
Deeken |
Dempsey |
Denison |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Fraser |
Guest |
Harris 23 |
Haywood |
Hobbs |
Hoskins |
Hubbard |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly |
Kingery |
Kratky |
Kraus |
Lager |
Lampe |
Lembke |
LeVota |
Liese |
Lipke |
Loehner |
May |
McGhee |
Meadows |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Page |
Parker |
Parson |
Pearce |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Rector |
Richard |
Robb |
Roorda |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Schneider |
Schoemehl |
Self |
Silvey |
Skaggs |
Smith 14 |
Smith 118 |
Smith 150 |
Spreng |
Stevenson |
St. Onge |
Storch |
Sutherland |
Swinger |
Threlkeld |
Tilley |
Viebrock |
Villa |
Wagner |
Wallace |
Walton |
Wasson |
Wells |
Weter |
Whorton |
Wilson 119 |
Wilson 130 |
Wood |
Wright 159 |
Wright-Jones |
Yates |
Young |
Mr Speaker |
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NOES: 021 |
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Bland |
Bowman |
Bringer |
Burnett |
Darrough |
Donnelly |
Frame |
Harris 110 |
Henke |
Kuessner |
Low 39 |
Lowe 44 |
Oxford |
Robinson |
Rucker |
Shoemyer |
Vogt |
Wildberger |
Witte |
Yaeger |
Zweifel |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 011 |
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Bean |
Brooks |
Brown 30 |
Corcoran |
George |
Marsh |
Meiners |
Moore |
Roark |
Walsh |
Wright 137 |
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Representative Cooper (120) declared the bill passed.
PERFECTION OF HOUSE BILLS
HB 1423, relating to securities regulations, was taken up by Representative Page.
On motion of Representative Page, HB 1423 was ordered perfected and printed.
HCS HB 1036, relating to video instructional materials, was taken up by Representative Sander.
On motion of Representative Sander, HCS HB 1036 was adopted.
On motion of Representative Sander, HCS HB 1036 was ordered perfected and printed.
HCS HB 1347, relating to higher education course requirements, was taken up by Representative Myers.
Representative Schoemehl offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1347, Page 2, Section 177.011, Line 20, by inserting immediately after the numeral “(1)” the following:
“Beginning with first-time freshmen who enroll on or after August 28, 2007,”; and
Further amend said bill, section, and page, Line 35, by adding after all of said line the following:
“(3) The coordinating board may promulgate rules to implement the provisions of this subsection. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This subsection and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Schoemehl, House Amendment No. 1 was adopted.
On motion of Representative Myers, HCS HB 1347, as amended, was adopted.
On motion of Representative Myers, HCS HB 1347, as amended, was ordered perfected and printed.
HCS HB 1137, relating to alternative fuel and vehicles, was taken up by Representative Darrough.
Representative Darrough offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1137, Page 2, Section 640.8030, Line 5, by inserting after the word “industry,” the following:
“one member from the fuel marketer/retailer industry,”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Darrough, House Amendment No. 1 was adopted.
On motion of Representative Darrough, HCS HB 1137, as amended, was adopted.
On motion of Representative Darrough, HCS HB 1137, as amended, was ordered perfected and printed.
HB 1536, relating to lead abatement, was taken up by Representative Schaaf.
Representative Schaaf offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 1536, Page 3, Section 701.337, Line 1, by inserting before said line the following:
“8. The director is authorized to issue administrative consent orders in the settlement of any proceeding brought under this section.”; and
Further amend said bill, Page 3, Section 701.337, Line 14, by inserting before the word “repayments” the following:
“settlement proceeds received by the director pursuant to subsection 8 of section 701.317, RSMo,”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Schaaf, House Amendment No. 1 was adopted.
On motion of Representative Schaaf, HB 1536, as amended, was ordered perfected and printed.
HCS HB 1761, relating to surface mining and excavation, was taken up by Representative Loehner.
HCS HB 1761 was laid over.
HB 1885, relating to the Real Estate Appraisers Commission, was taken up by Representative Behnen.
On motion of Representative Behnen, HB 1885 was ordered perfected and printed.
HCS HB 1082, relating to health care liens, was taken up by Representative Dempsey.
On motion of Representative Dempsey, HCS HB 1082 was adopted.
On motion of Representative Dempsey, HCS HB 1082 was ordered perfected and printed.
HOUSE BILL WITH SENATE AMENDMENTS
SCS HCS HBs 1270 & 1027, as amended, relating to ethanol-blended fuel, was taken up by Representative Behnen.
Representative Behnen moved that the House refuse to adopt SCS HCS HBs 1270 & 1027, as amended, and request the Senate to recede from its position and, failing to do so, grant the House a conference.
Which motion was adopted.
PERFECTION OF HOUSE BILLS
HB 1704, with House Committee Amendment No. 1, relating to proof of lawful presence, was taken up by Representative St. Onge.
On motion of Representative St. Onge, House Committee Amendment No. 1 was adopted.
HB 1704, as amended, was laid over.
HCS HB 1970, relating to the damage of field crop products, was taken up by Representative Munzlinger.
On motion of Representative Munzlinger, HCS HB 1970 was adopted.
On motion of Representative Munzlinger, HCS HB 1970 was ordered perfected and printed.
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. 2710
through
House Resolution No. 2713 - Representative Schoemehl
House Resolution No. 2714 - Representative Villa
House Resolution No. 2715 - Representative Bivins
House Resolution No. 2716
and
House Resolution No. 2717 - Representative Fares
House Resolution No. 2718
through
House Resolution No. 2720 - Representative Lipke
House Resolution No. 2721 - Representative Wasson
House Resolution No. 2722
through
House Resolution No. 2725 - Representative Quinn
House Resolution No. 2726 - Representative Baker (25)
House Resolution No. 2727
and
House Resolution No. 2728 - Representative Cooper (158)
House Resolution No. 2729
through
House Resolution No. 2731 - Representative Guest
House Resolution No. 2732
through
House Resolution No. 2745 - Representative Smith (118)
House Resolution No. 2746
through
House Resolution No. 2791 - Representative Hobbs
House Resolution No. 2792 - Representative Cooper (158)
SPECIAL RECOGNITION
Judge Ellen S. Roper was introduced by Representative Robb and recognized as an Outstanding Missourian.
PERFECTION OF HOUSE BILL
HCS HB 1814, relating to language of official proceedings, was taken up by Representative Nieves.
Representative Richard assumed the Chair.
Representative Dempsey moved the previous question.
Which motion was adopted by the following vote:
AYES: 095 |
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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 |
Dusenberg |
Emery |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Frame |
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 |
Self |
Silvey |
Smith 14 |
Smith 118 |
Smith 150 |
Stevenson |
St. Onge |
Sutherland |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wasson |
Wells |
Weter |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright 137 |
Wright 159 |
Yates |
Mr Speaker |
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NOES: 048 |
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Aull |
Baker 25 |
Bland |
Bowman |
Bringer |
Brown 50 |
Burnett |
Casey |
Chappelle-Nadal |
Corcoran |
Curls |
Darrough |
Daus |
Donnelly |
El-Amin |
Fraser |
George |
Harris 110 |
Haywood |
Hoskins |
Hubbard |
Hughes |
Johnson 61 |
Johnson 90 |
Jolly |
Kratky |
Kuessner |
Lampe |
Liese |
Low 39 |
Lowe 44 |
Meadows |
Meiners |
Oxford |
Robinson |
Roorda |
Rucker |
Salva |
Schoemehl |
Skaggs |
Villa |
Vogt |
Walton |
Wildberger |
Wright-Jones |
Yaeger |
Young |
Zweifel |
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PRESENT: 012 |
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Bogetto |
Boykins |
Brooks |
Dake |
Dougherty |
Harris 23 |
Henke |
LeVota |
Page |
Shoemyer |
Storch |
Whorton |
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ABSENT WITH LEAVE: 008 |
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Bean |
Brown 30 |
Marsh |
Schneider |
Spreng |
Swinger |
Wagner |
Walsh |
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On motion of Representative Nieves, HCS HB 1814 was adopted.
On motion of Representative Nieves, HCS HB 1814 was ordered perfected and printed.
THIRD READING OF SENATE BILL
HCS SCS SB 666, relating to fire protection, was taken up by Representative Bruns.
Representative Bruns offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 666, Section 320.336, Page 3, Line 3, by deleting the word “or” in the third instance; and
Further amend said section, said page, Line 4, by inserting immediately after the word “firefighter” the following:
“, Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said section, said page, Line 6, by inserting immediately after the word “firefighter” in the first instance the following:
“, a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said line, by inserting immediately after the word “firefighter” in the second instance the following:
“a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said section, said page, Line 10, by inserting immediately after the word “firefighter” the following:
“, a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said section, said page, Line 12, by inserting immediately after the word “firefighter” the following:
“, a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or a member of Urban Search and Rescue Team”; and
Further amend said section, said page, Line 13, by inserting immediately after the word “firefighter” the following:
“, a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said section, said page, Line 15, by inserting immediately after the word “firefighter” the following:
“a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said section, said page, Line 17, by inserting immediately after the word “department” the following:
“or the commander of Missouri-1 Disaster Medical Assistance Team”; and
Further amend said section, said page, Line 19, by inserting immediately after the word “firefighter” the following:
“, or a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said section, said page, Line 21, by inserting immediately after the word “firefighter” the following:
“, or a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One or Urban Search and Rescue Team”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Bruns, House Amendment No. 1 was adopted.
Representative Bruns offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 666, Page 4, Section 320.339, Line 8, by inserting after all of said line the following:
"537.135. 1. For the purposes of this section, "emergency personnel" means a firefighter, peace officer, or emergency medical personnel.
2. In addition to any other right of action or recovery otherwise available under law, any emergency personnel who suffers any injury, disease, or death while in the lawful discharge of his or her official duties, caused directly by another's reckless, malicious, or negligent act, may seek recovery and damages from such other person.
3. The provisions of this section shall not apply to the acts or omissions of such emergency personnel's employer or co-employees, as provided for under Missouri workers' compensation law, nor shall this section in any other way alter or amend Missouri workers' compensation law."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Bruns, House Amendment No. 2 was adopted.
Representative Portwood offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 666, Page 2, Section 320.200, Line 24, by inserting after said line the following:
“320.201. No public or private employer may terminate an employee who is a firefighter and a member as defined in section 87.120 with seven or more years of service if such member resides outside of the boundaries of any school district that has been designated as unaccredited for at least one year or provisionally accredited for four or more consecutive years in any ten year period.”.
Representative Wildberger offered House Amendment No. 1 to House Amendment No. 3.
Representative Burnett raised a point of order that House Amendment No. 1 to House Amendment No. 3 is not a true amendment to the amendment.
Representative Richard requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
On motion of Representative Portwood, House Amendment No. 3 was adopted by the following vote:
AYES: 095 |
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Avery |
Baker 123 |
Bearden |
Behnen |
Brown 50 |
Bruns |
Burnett |
Chinn |
Cooper 120 |
Cooper 158 |
Corcoran |
Cunningham 145 |
Cunningham 86 |
Dake |
Day |
Deeken |
Dempsey |
Denison |
Dixon |
Dougherty |
Dusenberg |
Ervin |
Faith |
Fares |
Fisher |
Flook |
Franz |
Guest |
Harris 23 |
Harris 110 |
Hughes |
Hunter |
Icet |
Jackson |
Johnson 90 |
Jones |
Kelly |
Kingery |
Kraus |
Lager |
Lembke |
LeVota |
Loehner |
May |
McGhee |
Meadows |
Meiners |
Moore |
Munzlinger |
Muschany |
Myers |
Nance |
Nieves |
Nolte |
Parson |
Phillips |
Pollock |
Portwood |
Pratt |
Quinn |
Roark |
Robb |
Roorda |
Ruestman |
Rupp |
Salva |
Sander |
Sater |
Schaaf |
Schad |
Scharnhorst |
Schlottach |
Self |
Shoemyer |
Silvey |
Smith 14 |
Smith 150 |
Stevenson |
St. Onge |
Storch |
Threlkeld |
Tilley |
Viebrock |
Wallace |
Wells |
Weter |
Wildberger |
Wilson 119 |
Wilson 130 |
Wood |
Wright 137 |
Wright 159 |
Yates |
Young |
Mr Speaker |
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NOES: 053 |
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Aull |
Baker 25 |
Bivins |
Black |
Bland |
Bowman |
Boykins |
Bringer |
Casey |
Chappelle-Nadal |
Cooper 155 |
Curls |
Darrough |
Daus |
Davis |
Dethrow |
Donnelly |
El-Amin |
Emery |
Frame |
George |
Haywood |
Henke |
Hobbs |
Hoskins |
Hubbard |
Johnson 47 |
Johnson 61 |
Kratky |
Kuessner |
Lampe |
Liese |
Lipke |
Low 39 |
Oxford |
Pearce |
Richard |
Robinson |
Schneider |
Schoemehl |
Skaggs |
Smith 118 |
Spreng |
Sutherland |
Swinger |
Villa |
Vogt |
Walton |
Wasson |
Witte |
Wright-Jones |
Yaeger |
Zweifel |
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PRESENT: 007 |
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Bogetto |
Brooks |
Fraser |
Jolly |
Lowe 44 |
Rucker |
Whorton |
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ABSENT WITH LEAVE: 008 |
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Bean |
Brown 30 |
Marsh |
Page |
Parker |
Rector |
Wagner |
Walsh |
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Representative Ruestman offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 666, Section A, Page 1, Line 3, by inserting immediately after all of said line the following:
“135.610. 1. For all tax years beginning on or after January 1, 2006, any taxpayer who is a volunteer firefighter in this state shall be allowed a credit against the tax otherwise due under chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo.
2. The credit authorized in this section shall be claimed as follows:
(1) The taxpayer may claim a credit in the amount of one hundred eighty dollars in the first tax year the taxpayer claims the credit if the taxpayer has completed at least twelve hours of any firefighter training program approved by the office of the state fire marshal before or in the tax year for which the credit is claimed. The taxpayer may claim the credit authorized in this subdivision in each subsequent tax year if the taxpayer completes at least twelve hours of any firefighter training program approved by the office of the state fire marshal in such subsequent tax year;
(2) After the initial tax credit is claimed under subdivision (1) of this subsection and the taxpayer has completed at least thirty hours of any firefighter training program approved by the office of the state fire marshal, the taxpayer may claim a credit in the amount of three hundred sixty dollars in each tax year if the taxpayer has completed at least twelve hours of firefighter training program approved by the office of the state fire marshal in the tax year the taxpayer claims the credit under this subdivision and has within the previous five years received at least twelve hours of training, to include but not limited to the following areas:
(a) Hazardous materials;
(b) Incident management systems; and
(c) Weapons of mass destruction.
3. The state fire marshal may develop or approve existing training programs for volunteer firefighters, may establish procedures for providing documentation that the taxpayer is a volunteer firefighter in good standing with a registered fire department, as required in chapter 320, RSMo, and has completed the training requirements in this section, and may promulgate rules to implement the provisions of this section.
4. The tax credit allowed by this section shall be claimed by the qualified taxpayer at the time such taxpayer files a return and shall be applied against the income tax liability imposed by chapter 143, RSMo, after all other credits provided by law have been applied. If the amount of the tax credit exceeds the taxpayer's tax liability, the difference shall not be refundable but may be carried forward to any of the taxpayer's four subsequent taxable years.
5. The director of revenue shall establish the procedure by which the tax credit in this section may be claimed, and shall promulgate rules to implement the provisions of this section.
6. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.
7. Pursuant to section 23.253, RSMo, of the Missouri Sunset Act:
(1) The provisions of the new program authorized under this section shall automatically sunset six years after the effective date of this section unless reauthorized by an act of the general assembly; and
(2) If such program is reauthorized, the program authorized under this section shall automatically sunset twelve years after the effective date of the reauthorization of this section; and
(3) This section shall terminate on September first of the calendar year immediately following the calendar year in which the program authorized under this section is sunset."; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
Representative Skaggs raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
Representative Richard requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
On motion of Representative Ruestman, House Amendment No. 4 was adopted.
Representative Parson offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 666, Page 4, Section 320.339, Line 8, by inserting after all of said line the following:
“Section 1. Notwithstanding any other provision of law to the contrary, any firefighter employed by a municipal fire department or a fire protection district shall be prohibited from campaigning for any issue or candidate while he or she is in official department uniform.”; and
Further amend the title and enacting clause accordingly.
HCS SCS SB 666, as amended, with House Amendment No. 5, pending, was laid over.
PERFECTION OF HOUSE JOINT RESOLUTION
HJR 55, relating to compensation of public officials, was taken up by Representative Lipke.
Representative Lipke offered House Amendment No. 1.
House Amendment No. 1
AMEND House Joint Resolution No. 55, Section 3, Page 4, Line 94, by inserting immediately after the number “12.” the following:
“Beginning January 1, 2007,”; and
Further amend said page, Lines 98-99, by deleting all of said lines and inserting in lieu thereof:
“13. No compensation schedule filed by the commission after the effective date of this subsection shall take effect for members of the general assembly until January 1, 2009.”; and
Further amend Section B, Page 4, Line 8, by deleting the word “solely”; and
Further amend said line, by inserting immediately after the word “commission” the following:
“subject to voter referendum”; and
Further amend said bill by amending the title, enacting clause, and intersectional references accordingly.
On motion of Representative Lipke, House Amendment No. 1 was adopted.
HJR 55, as amended, was laid over.
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
HCS SB 1124 - Fiscal Review (Fiscal Note)
COMMITTEE REPORTS
Committee on Agriculture Policy, Chairman Myers reporting:
Mr. Speaker: Your Committee on Agriculture Policy, to which was referred SCS SCR 24, 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 Agriculture Policy, to which was referred SCR 31, 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
SENATE CONCURRENT RESOLUTION NO. 31
WHEREAS, Missouri's long-standing agriculture tradition continues to thrive and contribute to our economy and to our families; and
WHEREAS, the state of Missouri has maintained a robust and lucrative agriculture culture, frequently ranking in the top ten among states with regard to the number of operating farms, hay, cotton, and corn production, cattle, hog and turkey production, and more; and
WHEREAS, the economic benefits from these agricultural operations are profoundly important to our communities, to our state, and to our nation; and
WHEREAS the farm family is the backbone of our state, as we, a legislative body, do swear to uphold and promote our farming community and protect the freedoms we share; and
WHEREAS, with the introduction of the Missouri Animal ID Program, a coordinated effort between the Missouri Department of Agriculture and the United States Department of Agriculture (USDA), the issues of food security and personal freedom became a reality for Missouri agriculture producers; and
WHEREAS, the USDA National Animal Identification System (NAIS) is currently and should remain a voluntary program with regard to animal identification programs and marketing practices; and
WHEREAS, the members of the Missouri General Assembly oppose such animal identification programs being mandatory:
NOW THEREFORE BE IT RESOLVED that the members of the Missouri Senate, Ninety-Third General Assembly, Second Regular Session, the House of Representatives concurring therein, hereby urge the United States Department of Agriculture to continue the National Animal Identification System program as a voluntary program to allow agricultural families to direct their own future; and
BE IT FURTHER RESOLVED that the Secretary of the Missouri Senate be instructed to prepare properly inscribed copies of this resolution for the United States Department of Agriculture and the Missouri Department of Agriculture.
Committee on Children and Families, Chairman Phillips reporting:
Mr. Speaker: Your Committee on Children and Families, to which was referred SS SCS SB 1229, 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 Crime Prevention and Public Safety, Chairman Lipke reporting:
Mr. Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred SB 1023, 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 SS SCS SB 1041, 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 Elections, Chairman May reporting:
Mr. Speaker: Your Committee on Elections, to which was referred SB 689, 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 Transportation, Chairman St. Onge reporting:
Mr. Speaker: Your Committee on Transportation, to which was referred SB 938, 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.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HCS HB 1339.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SB 932, and requests the House to recede from its position and failing to do so, grant the Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SCS SBs 1001, 896 & 761, as amended, and requests the House to recede from its position and failing to do so, grant the Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 1250, entitled:
An act to repeal sections 172.360, 174.130, 178.635, 178.780, and 285.025, RSMo, and to enact in lieu thereof twelve new sections relating to illegal aliens.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Dempsey, the House adjourned until 10:00 a.m., Thursday, April 27, 2006.
COMMITTEE MEETINGS
CONFERENCE COMMITTEE - APPROPRIATIONS
Thursday, April 27, 2006, 8:00 a.m. Senate Alcove third floor.
Executive session may follow.
Public hearings to be held on: SCS HB 1001, SCS HCS HB 1002, SCS HCS HB 1003,
SCS HCS HB 1004, SCS HCS HB 1005, SCS HCS HB 1006, SCS HCS HB 1007,
SCS HB 1008, SCS HB 1009, SCS HCS HB 1010, SCS HCS HB 1011,
SCS HCS HB 1012, SCS HB 1013
CONFERENCE COMMITTEE - APPROPRIATIONS
Friday, April 28, 2006, 8:00 a.m. Senate Alcove third floor.
Executive session may follow.
Public hearings to be held on: SCS HB 1001, SCS HCS HB 1002, SCS HCS HB 1003,
SCS HCS HB 1004, SCS HCS HB 1005, SCS HCS HB 1006, SCS HCS HB 1007,
SCS HB 1008, SCS HB 1009, SCS HCS HB 1010, SCS HCS HB 1011,
SCS HCS HB 1012, SCS HB 1013
CONSERVATION AND NATURAL RESOURCES
Thursday, April 27, 2006, House Chamber side gallery upon morning adjournment.
Executive session.
ELECTIONS
Thursday, April 27, 2006, 8:00 a.m. Hearing Room 3.
Executive session may follow.
Public hearing to be held on: SS#2 SCS SBs 1014 & 730
FINANCIAL INSTITUTIONS
Thursday, April 27, 2006, 9:45 a.m. House Chamber side gallery.
Executive session.
Public hearing to be held on: HB 2035
FISCAL REVIEW
Thursday, April 27, 2006, 9:00 a.m. Hearing Room 4.
Any bills or matters referred to the Fiscal Review Committee.
Executive session may follow.
HEALTH CARE POLICY
Thursday, April 27, 2006, 8:00 a.m. Hearing Room 7.
Executive session. Amended notice #2. AMENDED
Public hearings to be held on: SCS SBs 567 & 792, SCS SBs 1239 & 1091
JOINT COMMITTEE ON TAX POLICY
Monday, May 1, 2006, 1:00 p.m. Hearing Room 1.
Department of Insurance, Examination and Tax Credit.
LOCAL GOVERNMENT
Thursday, April 27, 2006, 8:30 a.m. Hearing Room 6.
Executive session will follow.
Public hearings to be held on: SB 874, SB 1102
RULES
Thursday, April 27, 2006, Hearing Room 7 upon morning adjournment.
Executive session may follow.
Public hearings to be held on: HCR 7, HR 558, HR 2439
RULES [PURSUANT TO RULE 25(26)(f)]
Thursday, April 27, 2006, Hearing Room 7 upon morning adjournment.
Public hearings to be held on: HCR 23, HCS HJR 31, HCS SS SCS SB 832
SENIOR CITIZEN ADVOCACY
Thursday, April 27, 2006, 8:15 a.m. Hearing Room 1.
Executive session may follow.
Public hearing to be held on: SCS SB 616
SPECIAL COMMITTEE ON ENERGY AND ENVIRONMENT
Thursday, April 27, 2006, 8:00 a.m. Hearing Room 5.
Executive session may follow.
Public hearings to be held on: SCS SB 1081, SS SCS SB 1236
SPECIAL COMMITTEE ON GENERAL LAWS
Tuesday, May 2, 2006, 9:30 a.m. House Chamber side gallery.
Executive session only.
SPECIAL COMMITTEE ON HEALTHCARE FACILITIES
Tuesday, May 2, 2006, 12:00 p.m. Hearing Room 5.
No Executive session.
Public hearing to be held on: SS SCS SBs 1210, 1244 & 844
TRANSPORTATION
Thursday, April 27, 2006, House Chamber side gallery upon afternoon adjournment.
Executive session.
HOUSE CALENDAR
SIXTY-THIRD DAY, THURSDAY, APRIL 27, 2006
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HJR 40 - Avery
2 HJR 44 - Whorton
3 HCS HJR 48 - Bearden
4 HJR 55, as amended - Lipke
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 HCS HB 1487 - Parker
7 HCS HB 1726 - Johnson (47)
8 HCS HB 1155 - Yates
9 HCS HB 1194 - Cunningham (86)
10 HCS HB 1162 - Deeken
11 HB 1412 - Portwood
12 HCS HB 1928 - Ervin
13 HCS HB 1939 - Hunter
14 HCS HB 1607 - Schneider
15 HCS HB 1761 - Loehner
16 HB 1975 - Cunningham (145)
17 HB 1560 - Bearden
18 HB 1642 - Cunningham (145)
19 HB 1704, as amended - St. Onge
20 HCS HB 1749 - Cooper (120)
21 HB 2038 - Moore
22 HCS HB 1651 & 1608 - Yates
23 HB 1930 - Hubbard
24 HB 2111 - Hubbard
25 HCS HB 1868 - Faith
26 HCS HB 2040 - Richard
27 HB 1537 - Schaaf
28 HCS HB 2047 - Johnson (47)
29 HCS#2 HB 2008, 1218 & 1062 - Muschany
30 HB 1946 - El-Amin
31 HB 1184 - Stevenson
32 HCS HB 1340, 1549, 1918 & 1998 - Schlottach
33 HCS HB 1968 - Zweifel
34 HCS HB 1147 - Bivins
35 HCS HB 1465 - Hunter
36 HCS HB 1600 - Viebrock
37 HCS HB 1730 - Schlottach
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1783 & 1479 - Bearden (3 hours debate on Perfection)
2 HCS HB 1660 & 1269, as amended - Behnen
3 HCS HB 1620 - Sutherland
4 HCS HB 1141 - Jackson
5 HCS HB 1316 - Lipke (2 hours debate on Perfection)
6 HB 1499, as amended - May
7 HCS HB 1080, HA 1, pending - Schaaf
HOUSE CONCURRENT RESOLUTION FOR THIRD READING
HCR 27, (4-20-06, Page 1176) - Burnett
HOUSE BILLS FOR THIRD READING
1 HCS HB 1075 - Davis
2 HB 1423 - Page
3 HCS HB 1036 - Sander
4 HCS HB 1347 - Myers
5 HCS HB 1137 - Darrough
6 HB 1536 - Schaaf
7 HB 1885 - Behnen
8 HCS HB 1082 - Dempsey
9 HCS HB 1970 - Munzlinger
10 HCS HB 1814 - Nieves
SENATE BILL FOR SECOND READING
SCS SB 1250
HOUSE CONCURRENT RESOLUTIONS
1 HCR 30, (3-29-06, Pages 753-754) - Wilson (130)
2 HCS HCR 33, (4-18-06, Page 1108) - Dethrow
3 HCR 40, (4-13-06, Pages 1072-1073) - Ervin
4 HCR 26, (4-19-06, Pages 1141-1142) - Dixon
5 HCR 36, (4-19-06, Pages 1144-1145) - Hunter
6 HCR 31, (4-24-06, Pages 1206-1207) - Fraser
SENATE BILLS FOR THIRD READING - CONSENT
1 SB 900 - Moore
2 SCS SB 1117 - Bruns
3 SB 558 - Rector
4 HCS SB 725 - Johnson (47)
5 SCS SB 749 - Ruestman
6 HCS SB 819 - Emery
7 SB 828 - Behnen
8 SB 871 - Daus
9 HCS SB 893 - Emery
10 SCS SB 934 - Tilley
11 SB 1016, E.C. - Schneider
12 SB 1020 - Moore
13 SB 1056 - Sutherland
14 SB 1094 - Wright (137)
15 SB 1155 - Tilley
16 SB 1177 - Dusenberg
17 SB 1207 - Black
18 SCS SB 580 - Baker (123)
19 SB 612, E.C. - Tilley
20 SB 618 - Baker (123)
21 SCS SB 650, E.C. - Dixon
22 SCS SBs 667, 704, 941, 956 & 987 - St. Onge
23 HCS SB 712, E.C. - Bruns
24 SCS SB 747 - Bearden
25 HCS SCS SB 756 - Behnen
26 HCS SCS SB 769, E.C. - Wright (159)
27 SB 785 - Roorda
28 SCS SB 830 - Silvey
29 HCS SB 834 - Wilson (130)
30 SB 845 - Johnson (90)
31 SCS SB 870, E.C. - Cooper (158)
32 SB 881 - Robinson
33 SB 919 - Rector
34 SB 931 - Parson
35 SB 964 - Jackson
36 SB 990, HCA 1 - Bruns
37 SCS#2 SB 1003, E.C. - Bruns
38 HCS SB 1045 - Stevenson
39 SB 1057 - Behnen
40 SCS SB 1059 - Roorda
41 SCS SB 1060 - Jackson
42 SB 1085 - Cooper (155)
43 HCS SCS SB 1086, E.C. - Kratky
44 HCS SCS SB 1122 - Schaaf
45 SB 1139 - Yaeger
46 SB 1146 - Pratt
47 HCS SB 1165 - Bivins
48 SB 1189 - Dempsey
49 SB 1197 - Viebrock
50 SB 1208 - Pratt
51 SB 1216 - Wasson
SENATE BILLS FOR THIRD READING
1 HCS SCS SB 614 - Sutherland
2 SB 766 - Bruns
3 SB 818 - Smith (118)
4 HCS SCS SB 666, as amended, HA 5, pending - Bruns
5 HCS SCS SB 773, (Fiscal Review 4-25-06) - Fisher
6 HCS SCS SB 878 - Stevenson
7 SCS SB 1026 - Day
8 HCS SCS SB 1048 - Schaaf
9 HCS SB 629 - Faith
10 HCS SB 697 - St. Onge
11 HCS SB 840 - St. Onge
12 HCS SS SCS SBs 872, 754 & 669 - St. Onge
13 HCS SB 980 - Moore
14 SCS SB 1008 - Myers
15 HCS SB 1017, (Fiscal Review 4-25-06) - Loehner
16 HCS SB 1084, E.C. - Scharnhorst
17 HCS SS SB 696 - Richard
18 SB 726 - May
19 HCS SS#2 SCS SB 583 - Lembke
20 SB 778 - Cooper (155)
21 SB 779 - Harris (110)
22 SB 822, E.C. - Sater
23 HCS SS SCS SB 892 - Cunningham (145)
24 HCS SB 908 - St. Onge
25 HCS SCS SB 1064 - St. Onge
26 HCS SB 735 - Pratt
27 SB 1101 - Schlottach
28 HCS SCS SB 1175 - Nance
29 SCS SB 1221 - Wasson
30 HCS SS SCS SB 590 - Kingery
31 HCS SS SCS SBs 613, 1030 & 899, E.C. - Cooper (120)
32 HCS SS SCS SB 825 - Pearce
33 HCS SCS SB 915 - Rector
34 HCS SB 951 - Nance
35 HCS SB 1002 - Black
36 SS SB 1066 - Rector
37 HCS SB 1124, (Fiscal Review 4-26-06) - Behnen
BILLS CARRYING REQUEST MESSAGES
1 SCS HCS HB 1270 & 1027, as amended
(request Senate recede/grant conference) - Behnen
2 HCS SCS SBs 1001, 896 & 761, as amended
(request House recede/grant conference), E.C. - St. Onge
3 HCS SCS SB 932,
(request House recede/grant conference) - Wilson (119)
BILLS IN CONFERENCE
1 SCS HB 1001 - Icet
2 SCS HCS HB 1002 - Icet
3 SCS HCS HB 1003 - Icet
4 SCS HCS HB 1004 - Icet
5 SCS HCS HB 1005 - Icet
6 SCS HCS HB 1006 - Icet
7 SCS HCS HB 1007 - Icet
8 SCS HB 1008 - Icet
9 SCS HB 1009 - Icet
10 SCS HCS HB 1010 - Icet
11 SCS HCS HB 1011 - Icet
12 SCS HCS HB 1012 - Icet
13 SCS HB 1013 - Icet
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
HOUSE RESOLUTION
HCS HR 1131, (4-13-06, Pages 1074-1075) - Hughes