Journal of the House

First Regular Session, 94th General Assembly

SIXTY-NINTH DAY, Monday, May 7, 2007

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Reverend James Earl Jackson.

              You, LORD, are the one who sits on the earth's horizon; its inhabitants are like grasshoppers before You. You stretch out the sky like a thin curtain, and spread it out like a pitched tent. You humble rulers and make our own plans insignificant in light of world events.

              We choose not be wise in our own estimation; but, instead, we revere You LORD and turn away from all malice. We pay close attention to Your wisdom; listening carefully for Your wise counsel.

              We are thankful, to know, that You give strength to the weary; renewed energy to those who lack power. This knowledge allows us to face the impossibilities of this week and complete the tasks ahead.

              Now may You, God of all hope, fill us with all joy and peace in believing, so that we would abound in hope by the power of Your Spirit.

              We ask these things in Jesus' name. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the sixty-eighth day was approved as printed.

SPECIAL RECOGNITION

            Amber Seyer, Miss Missouri, was introduced by Representative Brandom.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 3154 through House Resolution No. 3248

THIRD READING OF SENATE BILL

            SS#6 SCS SB 389, relating to higher education, was taken up by Representative Bearden.

            Representative Cooper (120) assumed the Chair.

            Representative Zweifel offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Substitute No. 6 for Senate Committee Substitute for Senate Bill No. 389, Pages 16-23, Sections 173.355, 173.360, 173.385, 173.386, 173.392, 173.393 and 173.425, by deleting all of said sections.

            Representative Zweifel moved that House Amendment No. 1 be adopted.

            Which motion was defeated by the following vote:

            Representative Baker (25) offered House Amendment No. 2.

House Amendment No. 2

AMEND Senate Substitute No. 6 for Senate Committee Substitute for Senate Bill No. 389, Page 41, Section 1, Line 27, by inserting after all of said line the following:

              "Section 2. If the bonding rating of a public college or university of the state, as defined in section 173.355, RSMo, is lowered by any one of the nationally recognized bond rating agencies as a result of any provision of section 173.1003, RSMo, then all of the provisions of section 173.1003, RSMo, shall be rendered null and void as the provisions apply to that public college or university."; and

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

            Representative Baker (25) moved that House Amendment No. 2 be adopted.

            Which motion was defeated.

            Representative McClanahan offered House Amendment No. 3.

House Amendment No. 3

AMEND Senate Substitute No. 6 for Senate Committee Substitute for Senate Bill No. 389, Page 23, Section 173.475, Lines 1-7, by deleting all of said lines; and

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

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

            Which motion was defeated by the following vote:

            On motion of Representative Bearden, SS#6 SCS SB 389 was truly agreed to and finally passed by the following vote:

            Representative Cooper (120) declared the bill passed.

PERFECTION OF HOUSE BILLS

            HB 821, relating to the Unborn Child Pain Prevention Act, was taken up by Representative Onder.

            Representative Nance assumed the Chair.

            Representative Oxford offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 821, Page 4, Section 188.281, Lines 5-10, by deleting all of said lines and inserting in lieu thereof the following:

              “Medical studies, printed in peer-review journals, indicate that there is no conclusive proof as to exactly when the fetus develops the physiological capability to sense pain, but the evidence to date would point to a significantly later time (twenty-seven to thirty weeks gestation) than the approximately twenty weeks time frame in which the Missouri legislature believes the fetus may feel pain. The risks of increased anesthesia or analgesia, as recommended by the Missouri legislature, include respiratory depression and apnea.”; and

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

            HB 821, with House Amendment No. 1, pending, was laid over.

            HCS HB 802, relating to human papillomavirus immunizations, was taken up by Representative Page.

            Representative Page offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 802, Page 1, Section 167.181, Lines 5-9, by striking all of said lines and inserting in lieu thereof the following:

              “parish schools. Such”; and

              Further amend said section, Pages 2-3, Lines 26-50, by striking all of said lines and renumber said section accordingly; and

              Further amend said bill, Section 167.181, Page 2, by inserting after all of said section, the following:

              “167.182. 1. This section shall be known as the "Cervical Cancer Prevention Public Awareness Campaign."

              (1) The department of health and senior services shall create a public awareness campaign to educate parents, health care providers, and women about the causes and risk factors associated with cervical cancer, the human papillomavirus (HPV), and preventing cervical cancer. The public awareness campaign shall distribute information that includes:

              (a) The risk factors for developing cervical cancer, the symptoms of the disease, how it may be diagnosed and its possible consequences if untreated;

              (b) The connection between human papillomavirus and cervical cancer, how human papillomavirus is transmitted, how transmission may be prevented, including abstinence as the only completely effective way to prevent sexually transmitted diseases, and the relative risk of contracting human papillomavirus for elementary and secondary school students;

              (c) The latest scientific information on the immunization against the human papillomavirus infection and the vaccine's effectiveness, including the vaccine's failure rates against causes of cervical cancer, and a complete and comprehensive description of the possible side effects of the vaccination;

              (d) A statement that a pap smear is still critical for the detection of precancerous changes in the cervix to allow for treatment before cervical cancer develops; and

              (e) A statement that any questions or concerns concerning immunizing the child against human papillomavirus could be answered by contacting a health care provider.

              2. Beginning with the 2008 - 2009 school year, the department of elementary and secondary education shall establish procedures by which each school district shall provide, to the department of health and senior services, the names and addresses of all parents, conservators, and guardians of female students who are entering grade six. The department of health and senior services shall prescribe the form and content of information regarding the human papillomavirus and cervical cancer to be made available to the parents, conservators, and guardians of these students. The department shall establish procedures to ensure that the information provided:

              (1) Includes the connection between human papillomavirus and cervical cancer;

              (2) States that an immunization against the most common human papillomavirus infections is available;

              (3) Contains age appropriate information so that a parent, conservator, or guardian may share the information with the student if he or she decides to do so;

              (4) Contains the elements described in subsection 1 of this section; and

              (5) Is mailed directly to the attention of the parents, conservators, or guardians of each such female student by the department.

              (6) Shall not be directly distributed to any minor student by either the department of health and senior services or the department of elementary and secondary education; however, nothing in this section shall prohibit any local school board from authorizing a distribution policy.

              3. Each informational mailing sent to the parents, conservators, and guardians of female students entering grade six shall include a voluntary return form for the parents, conservators, or guardians of such students to return, not later than twenty school days after the first day of school, a written statement prescribed by the department of health and senior services that:

              (1) States that the parent, conservator, or guardian has received the information required under subsection 2 of this section and indicates if the student has received or is receiving the vaccination, or if the parent, conservator or guardian has chosen not to have the student immunized; and

              (2) Is to be used for statistical purposes only and shall not be used to personally identify any parent, conservator or guardian, or any student.

              4. Nothing in this section shall be construed to prevent a student from school attendance if such parent, conservator or guardian has opted not to have the student receive the human papillomavirus vaccination or has not returned the form prescribed in this section.”; and

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

            Representative Cooper (155) offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 802, Page 2, Line 30, by inserting after the word “section.” the following:

              “5. The human papillomavirus vaccination may be administered by any duly licensed physician or by someone under the physician’s direction. If the parent, conservator or guardian is unable to pay, the child shall be immunized at public expense by a physician or nurse at or from the county, city public health center or by a nurse or physician in the private office or clinic of the child's personal physician with the costs of immunization paid through the state Medicaid program, private insurance or in a manner to be determined by the department of health and senior services subject to state and federal appropriations, and after consultation with the school superintendent and the advisory committee established in section 192.630, RSMo.

              6. Funds for the administration of this section and for the purchase of vaccines for children of families unable to afford them shall be appropriated to the department of health and senior services from general revenue or from federal funds if available.

              7. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. 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, 2001, shall be invalid and void.”; and

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

            Representative Cooper (155) moved that House Amendment No. 1 to House Amendment No. 1 be adopted.

            Which motion was defeated.

            Representative Onder offered House Amendment No. 2 to House Amendment No. 1.

House Amendment No. 2

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for House Bill No. 802, Page 2, Line 25, by deleting the word "and"; and

              Further amend said bill, Page 2, Line 27, by inserting after the word "student" the following:

              "; and

              (3) Shall include, in font size not less than 16, the following statement:

              "Your choice to vaccinate or not vaccinate your daughter, or your choice not to return this form, shall not be used to deny your daughter school admission" "; and

              Further amend said bill, Page 2, Line 28, by inserting after "4." the following:

              "After statistical information is compiled, personal information including names and addresses of students, parents, and guardians and decision regarding human papillomavirus vaccination will be expunged from department records."; and

              Further amend said bill, Page 2, Line 28, by deleting "4" and inserting in lieu thereof "5"; and

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

            HCS HB 802, with House Amendment No. 2 to House Amendment No. 1, and House Amendment No. 1, pending, was laid over.

THIRD READING OF SENATE BILL

            HCS SCS SB 156, with House Amendment No. 1, pending, relating to agriculture, was taken up by Representative Quinn (7).

            Representative Cooper (120) resumed the Chair.

            Representative Munzlinger offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Page 1, Line 4, by inserting immediately after said line the following:

              'Further amend said bill, Page 20, Section 144.030, Line 279, by inserting immediately after said line the following:

              "144.051. 1. As used in this section, "machinery and equipment" means new or used farm tractors and such other new or used machinery and equipment and repair or replacement parts thereon, and supplies and lubricants used exclusively, solely, and directly for the planting, harvesting, processing, or transporting of a forestry product, and the purchase of motor fuel, as defined in section 142.800, RSMo, therefor which is:

              (1) Used exclusively for forestry purposes;

              (2) Used on land owned or leased for the purpose of planting, harvesting, processing, or transporting forestry products; and

              (3) Used directly in planting, harvesting, processing, or transporting forestry products.

              2. Notwithstanding any other provision of law to the contrary, for purposes of department of revenue administrative interpretation, all machinery and equipment used solely for the planting, harvesting, processing, or transporting of a forestry product shall be considered farm machinery, and shall be exempt from state and local sales and use tax, as provided for other farm machinery in section 144.030." '; and

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

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

            On motion of Representative Quinn (7), House Amendment No. 1, as amended, was adopted.

            Representative Dempsey offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Page 18, Section 144.030, Lines 234 and 235, by deleting all of said lines and inserting in lieu thereof the following:

              "(33) Tangible personal property and utilities purchased for use or consumption directly or exclusively in the research and development of agricultural/biotechnology and plant genomics products and prescription pharmaceuticals consumed by humans or"; and

              Further amend said bill, Page 19, Section 144.030, Line 260, by deleting all of said line and inserting in lieu thereof the following:

              "[(37) Tangible personal property purchased for use or consumption directly or exclusively"; and

              Further amend said bill, Page 19, Section 144.030, Line 269, by deleting all of said line and inserting in lieu thereof the following:

              "(38)] All sales or other transfers of tangible personal property to a lessor who leases the"; and

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

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

            Representative Fisher offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Pages 10 to 12, Section 142.031, Lines 1 to 71, by deleting all of said lines and inserting in lieu thereof the following:

              "142.031. 1. As used in this section the following terms shall mean:

              (1) "Biodiesel", fuel as defined in ASTM Standard D-6751 or its subsequent standard specifications for biodiesel fuel (B100) blend stock for distillate fuels;

              (2) "Missouri qualified biodiesel producer", a facility that produces biodiesel, is registered with the United States Environmental Protection Agency according to the requirements of 40 CFR 79, and:

              (a) Is at least fifty-one percent owned by agricultural producers who are residents of this state and who are actively engaged in agricultural production for commercial purposes; or

              (b) At least eighty percent of the feedstock used by the facility originates in the state of Missouri. For purposes of this section, "feedstock" means [a Missouri agricultural product as defined in section 348.400, RSMo] an agricultural, horticultural, viticultural, vegetable, aquacultural, livestock, forestry, or poultry product either in its natural or processed state.

              2. The "Missouri Qualified Biodiesel Producer Incentive Fund" is hereby created and subject to appropriations shall be used to provide economic subsidies to Missouri qualified biodiesel producers pursuant to this section. The director of the department of agriculture shall administer the fund pursuant to this section.

              3. A Missouri qualified biodiesel producer shall be eligible for a monthly grant from the fund provided that one hundred percent of the feedstock originates in the United States. However, the director may waive the feedstock requirements on a month-to-month basis if the facility provides verification that adequate feedstock is not available. A Missouri qualified biodiesel producer shall only be eligible for the grant for a total of sixty months unless such producers during the sixty months fail, due to a lack of appropriations, to receive the full amount from the fund for which the producers were eligible, in which case such producers shall continue to be eligible for up to twenty-four additional months or until they have received the maximum amount of funding for which such producers were eligible during the original sixty-month time period. The amount of the grant is determined by calculating the estimated gallons of qualified biodiesel produced during the preceding month from [Missouri agricultural products] feedstock, as certified by the department of agriculture, and applying such figure to the per-gallon incentive credit established in this subsection. Each Missouri qualified biodiesel producer shall be eligible for a total grant in any fiscal year equal to thirty cents per gallon for the first fifteen million gallons of qualified biodiesel produced from [Missouri agricultural products] feedstock in the fiscal year plus ten cents per gallon for the next fifteen million gallons of qualified biodiesel produced from [Missouri agricultural products] feedstock in the fiscal year. All such qualified biodiesel produced by a Missouri qualified biodiesel producer in excess of thirty million gallons shall not be applied to the computation of a grant pursuant to this subsection. The department of agriculture shall pay all grants for a particular month by the fifteenth day after receipt and approval of the application described in subsection 4 of this section.

              4. In order for a Missouri qualified biodiesel producer to obtain a grant from the fund, an application for such funds shall be received no later than fifteen days following the last day of the month for which the grant is sought. The application shall include:

              (1) The location of the Missouri qualified biodiesel producer;

              (2) The average number of citizens of Missouri employed by the Missouri qualified biodiesel producer in the preceding month, if applicable;

              (3) The number of bushel equivalents of Missouri [agricultural commodities] feedstock and out-of-state feedstock used by the Missouri qualified biodiesel producer in the production of biodiesel in the preceding month;

              (4) The number of gallons of qualified biodiesel the producer manufactures during the month for which the grant is applied;

              (5) A copy of the qualified biodiesel producer license required pursuant to subsection 5 of this section, name and address of surety company, and amount of bond to be posted pursuant to subsection 5 of this section; and

              (6) Any other information deemed necessary by the department of agriculture to adequately ensure that such grants shall be made only to Missouri qualified biodiesel producers.

              5. The director of the department of agriculture, in consultation with the department of revenue, shall promulgate rules and regulations necessary for the administration of 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, 2002, shall be invalid and void.

              7. This section shall expire on December 31, 2009. However, Missouri qualified biodiesel producers receiving any grants awarded prior to December 31, 2009, shall continue to be eligible for the remainder of the original sixty-month time period under the same terms and conditions of this section unless such producer during such sixty months failed, due to a lack of appropriations, to receive the full amount from the fund for which he or she was eligible. In such case, such producers shall continue to be eligible for up to twenty-four additional months or until they have received the maximum amount of funding for which they were eligible during the original sixty-month time period."; and

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

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

            Representative Viebrock offered House Amendment No. 4.

            Representative Darrough raised a point of order that House Amendment No. 4 is not germane and goes beyond the scope of the bill.

            Representative Cooper (120) requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Viebrock offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Page 41, Section 414.420, Line 36, by inserting after all of said line the following:

              "Section 1. 1. No agency, authority, board, commission, department, or officer of the state shall promulgate or issue any regulation, rule, policy, guideline, or proclamation describing the relationship between persons and domestic animals as other than persons may or can own domestic animals.

              2. No political subdivision of the state nor any local government, city or county, or any agency, authority, board, commission, department, or officer thereof shall enact any ordinance or promulgate or issue any regulation, rule, policy, guideline, or proclamation describing the relationship between persons and domestic animals as other than persons may or can own domestic animals.

              3. For purposes of this section, "domestic animal" means, other than human, a nonwild animal or mammal that lives under the husbandry of humans or is accustomed to living in a domestic environment managed by humans, including amphibians, birds, fish, and reptiles.

              4. Nothing in this section shall be construed to diminish the protections afforded to domestic animals in any animal cruelty or animal welfare statutes or regulations of the state of Missouri."; and

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

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

House Substitute Amendment No. 1

for

House Amendment No. 5

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Page 1, Line 2, by deleting “348.505" and inserting in lieu thereof “414.420"; and

              Further amend said amendment, Page 1, Line 3, by inserting after all of said line the following:

              ' "578.009. 1. A person is guilty of animal neglect when [he] such person has custody or ownership or both of an animal and negligently fails to provide adequate care or adequate control, which results in injury to any person, another animal, or results in substantial harm to the animal.

              2. A person is guilty of abandonment when [he] such person has knowingly abandoned an animal in any place without making provisions for its adequate care.

              3. Animal neglect and abandonment is a class C misdemeanor [upon first conviction and for each offense, punishable by imprisonment or a fine not to exceed five hundred dollars, or both] for a first offense, and a class B misdemeanor [punishable by imprisonment or a fine not to exceed one thousand dollars, or both upon the] for a second and all subsequent [convictions] offenses. All fines and penalties for a first conviction of animal neglect or abandonment may be waived by the court provided that the person found guilty of animal neglect or abandonment shows that adequate, permanent remedies for the neglect or abandonment have been made. Reasonable costs incurred for the care and maintenance of neglected or abandoned animals may not be waived. This section shall not apply to the provisions of section 578.007.

              4. In addition to any other penalty imposed by this section, the court may order a person found guilty of animal neglect or abandonment to pay all reasonable costs and expenses necessary for:

              (1) The care and maintenance of neglected or abandoned animals within the person's custody or ownership;

              (2) The disposal of any dead or diseased animals within the person's custody or ownership;

              (3) The reduction of resulting organic debris affecting the immediate area of the neglect or abandonment; and

              (4) The avoidance or minimization of any public health risks created by the neglect or abandonment of the animals.” '; and

              Further amend said amendment, Page 1, Line 4, by deleting the opening quotation mark before the word “Section”.

            Representative Talboy moved that House Substitute Amendment No. 1 for House Amendment No. 5 be adopted.

            Which motion was defeated.

            Representative Viebrock moved that House Amendment No. 5 be adopted.

            Which motion was defeated.

            Representative Schlottach offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Section 135.633, Page 4, Line 83, by inserting after all of said line the following:

              "135.660. 1. This section shall be known and may be cited as the "Qualified Beef Tax Credit Act".

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

              (1) "Agricultural property", any real and personal property, including but not limited to buildings, structures, improvements, equipment, and livestock, that is used in or is to be used in this state by residents of this state for:

              (a) The operation of a farm or ranch; and

              (b) Grazing, feeding, or the care of livestock;

              (2) "Authority", the agricultural and small business development authority established in chapter 348, RSMo;

              (3) "Qualifying beef animal", any beef animal that is certified by the authority, that was born in this state after August 28, 2007, that was raised and backgrounded or finished in this state by the taxpayer, and that weighs more than four hundred fifty pounds, excluding any beef animal more than thirty months of age;

              (4) "Qualifying sale", the first time a qualifying beef animal is sold in this state after the qualifying beef animal's weight reaches four hundred fifty pounds, and a subsequent sale if the weight of the qualifying beef animal at the time of the subsequent sale is greater than the weight of the qualifying beef animal at the time of the first qualifying sale of such beef animal;

              (5) "Tax credit", a credit against the tax otherwise due under chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo, or otherwise due under chapter 147, RSMo;

              (6) "Taxpayer", any individual or entity who:

              (a) Is subject to the tax imposed in chapter 143, RSMo, excluding withholding tax imposed by sections 143.191 to 143.265, RSMo, or the tax imposed in chapter 147, RSMo;

              (b) In the case of an individual, is a resident of this state; and

              (c) Owns or rents agricultural property.

              3. For all taxable years beginning on or after January 1, 2009, but ending on or before December 31, 2016, a taxpayer shall be allowed a tax credit for each qualifying sale of a qualifying beef animal. The tax credit amount shall be based on the qualifying beef animal's weight at the time of the first qualifying sale, and shall be equal to ten cents per pound above four hundred fifty pounds and for a subsequent qualifying sale, ten cents per pound above the weight of the qualifying beef animal at the time of the first qualifying sale of such beef animal or four hundred fifty pounds, whichever weight is greater.

              4. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year for which the credit is claimed. No tax credit claimed under this section shall be refundable. The tax credit shall be claimed in the taxable year in which the qualifying sale of the qualifying beef occurred, but any amount of credit that the taxpayer is prohibited by this section from claiming in a taxable year may be carried forward to any of the taxpayer's five subsequent taxable years and carried backward to any of the taxpayer's three previous taxable years. The amount of tax credits that may be issued to all eligible applicants claiming tax credits authorized in this section in a fiscal year shall not exceed ten million dollars, and the cumulative amount of tax credits that may be issued to all eligible applicants claiming all tax credits authorized in this section shall not exceed thirty million dollars.

              5. To claim the tax credit allowed under this section, the taxpayer shall submit to the authority an application for the tax credit on a form provided by the authority. The application shall be filed with the authority at the end of each calendar year in which a qualified sale was made and for which a tax credit is claimed under this section. The application shall include any documentation and information required by the authority. All required information obtained by the authority shall be confidential and not disclosed except by court order or as otherwise provided by law. If the taxpayer and the qualified sale meets all criteria required by this section and is approved by the authority, the authority shall issue a tax credit certificate in the appropriate amount. Tax credit certificates issued under this section may be assigned, transferred, sold, or otherwise conveyed, and the new owner of the tax credit certificate shall have the same rights in the tax credit as the original taxpayer. Whenever a tax credit certificate is assigned, transferred, sold or otherwise conveyed, a notarized endorsement shall be filed with the authority specifying the name and address of the new owner of the tax credit certificate or the value of the tax credit.

              6. Any information provided under this section shall be confidential information, to be shared with no one except state and federal animal health officials, and shall not be subject to subpoena or other compulsory production.

              7. The department of agriculture and the authority may promulgate rules to implement the provisions of this section. 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, 2007, shall be invalid and void.

              8. This section shall not be subject to the Missouri sunset act, sections 23.250 to 23.298, RSMo."; and

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

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

            Representative Dethrow offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Section 265.525, Page 27, Line 110, by inserting immediately after said line the following:

              "267.165. 1. The department of agriculture shall not participate in any national animal identification system (NAIS) administered program by the United States Department of Agriculture without specific authorization from the general assembly.

              2. Notwithstanding the provisions of subsection 1 of this section, nothing in this section shall be construed as prohibiting the department of agriculture from participating in any Missouri voluntary or private animal identification program that verifies the health of Missouri livestock required for interstate export, marketing, and livestock movement.

              3. Any Missouri voluntary animal identification program administered by the department of agriculture shall be subject to the following conditions:

              (1) The department shall provide participants all relevant program information;

              (2) Program participants shall be permitted to withdraw from the program at any time;

              (3) The department of agriculture shall not require participation in a Missouri specific source verification program for cattle or for any other species of livestock; and

              4. Failure to participate in an animal identification program or the providing of services to persons who are not participants in an animal identification program shall not be deemed a crime, nor evidence of any negligence or gross negligence on the part of any livestock owner or provider of goods and services."; and

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

            Representative Darrough raised a point of order that House Amendment No. 7 is not germane and goes beyond the scope of the bill.

            Representative Cooper (120) requested a parliamentary ruling.

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

            Representative Schlottach 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 Senate Committee Substitute for Senate Bill No. 156, Page 1, Line 7, by deleting all of said line and inserting in lieu thereof the following:

              "shall be construed as prohibiting the department of agriculture from issuing voluntary premise identification and participating in any Missouri"; and

              Further amend said amendment and page, Line 15, by inserting immediately after said line the following:

              "(4) No services, licenses, permits, certifications, special consideration, or incentives nor other essential services that may be offered by the state, shall be denied, revoked, or limited based solely on lack of participation in an animal identification program."; and

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

            Representative Hobbs offered House Substitute Amendment No. 1 for House Amendment No. 7.

House Substitute Amendment No. 1

for

House Amendment No. 7

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Section 414.420, Page 41, Line 36, by inserting after all of said line the following:

              "Section 1. The speaker of the house shall appoint a nine member interim committee to study the issue of animal identification and verification. The committee will determine whether Missouri should participate in the national animal identification program and whether the current Missouri department of agriculture requirements for animal identification are appropriate. Such committee shall report its findings and recommendations to the speaker of the house no later than December 1, 2008."; and

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

            Representative Harris (23) raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 7 is not a true substitute amendment.

            Representative Cooper (120) requested a parliamentary ruling.

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

            Representative Hobbs moved that House Substitute Amendment No. 1 for House Amendment No. 7 be adopted.

            Which motion was defeated by the following vote:

            On motion of Representative Schlottach, House Amendment No. 1 to House Amendment No. 7 was adopted by the following vote:

            On motion of Representative Dethrow, House Amendment No. 7, as amended, was adopted by the following vote:

            Representative Harris (23) offered House Amendment No. 8.

            Representative Smith (150) raised a point of order that House Amendment No. 8 goes beyond the scope of the bill.

            Representative Cooper (120) requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order well taken.

            Representative Donnelly offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Page 41, Section 414.420, Line 36, by inserting after all of said line the following:

              "Section 1. No grants received by the department of agriculture shall be used to pay legal settlements or judgments, and all legal settlements and judgments arising out of legal claims against the department of agriculture or its agents or employees shall be paid from the state legal expense fund."; and

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

            Representative Smith (150) raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

            Representative Cooper (120) requested a parliamentary ruling.

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

            On motion of Representative Donnelly, House Amendment No. 9 was adopted by the following vote:

            Representative Harris (110) offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 156, Section 135.633, Pages 1 through 4, by deleting all of said section; and

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

            Representative Harris (110) moved that House Amendment No. 10 be adopted.

            Which motion was defeated by the following vote: