House Journal - May 9, 1996
House Journal
Second Regular Session, 88th General Assembly
SEVENTY-FIRST DAY, Thursday, May 9, 1996
Speaker Gaw in the Chair.
Prayer by Reverend Cheryl L. Tatham.
In these waning days of this session, O God, when work hours grow longer, tempers grow
shorter, and fatigue sets in, help those representatives maintain a positive attitude toward
the work to be done. Give them insight to see the good that their efforts will bring about.
Help them, Lord, to say along with Samuel: "Speak, O Lord, your servant is listening." Speak
to them a word of encouragement when they are discouraged and depressed. Speak a word of
warning when they stray from what is right. Speak a word of comfort when life hurts. Speak a
word of guidance when they don't know which way to go or what to choose. Speak to them, Lord.
Help them to distinguish between the importance and the urgent, and let them not allow the
things which do not matter to matter too much.
Be present to them this day in all that they do and say. 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: Josh Cullum, Caleb Perkins, Jennifer Kent, Mckay
Mittag, Krista Bartelsmeyer, Mona Mitchell, Levi Mitchell, Sarah Heckemeyer,
Cathleen Rose Barkett, Geoffrey Matteson, Miranda Lancaster, Ashley Brookens,
Robbie Lewis, Daniel O'Loughlin, James Thornton, Kristen Gunn, Ryan Ludwick,
Ashley McGee, Carl Davis, Johnathan Hatcher, Naneuleta Saffold, Robert Taylor,
Jessica Ford, Florence Fields, Michael Jones, Corey Meyer, Stephen Weis, Ryan
Binkley, Jimmy Wolford, Kyle Hibdon, Stephanie Hinds, Erin McNeill, Lauraetta
Lockridge, Rachelle Spaulding, Cindy Spaulding, Brandon Carter, Terrill
Enyard, Brandon Blackwell, Josh LeBerge, Kaleb Mormann, Alec Davis, Patricia
Welch, Edwin Bunch and Sarah Chrislip.
The Journal of the seventieth day was approved as corrected.
RESOLUTIONS
Representative Mitchell offered House Resolution Nos. 1182 through 1191, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Evans offered House Resolution Nos. 1192, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Sombart offered House Resolution No. 1193, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Scott offered House Resolution No. 1194, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Backer offered House Resolution No. 1195, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Mitchell offered House Resolution Nos. 1196 through 1199, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Tate offered House Resolution Nos. 1200 through 1221, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Harlan offered House Resolution No. 1222, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representatives McClelland and Hand offered House Resolution No. 1223, which
was referred to the Committee on Miscellaneous Bills and Resolutions.
COMMITTEE REPORTS
Committee on Budget, Chairman Lumpe reporting:
Mr. Speaker: Your Committee on Budget, to which was referred SB 757 (Fiscal
Note), begs leave to report it has examined the same and recommends that it Do
Pass.
Mr. Speaker: Your Committee on Budget, to which was referred HCS SB 888
(Fiscal Note), begs leave to report it has examined the same and recommends
that it Do Pass.
Representative Williams (121) assumed the Chair.
The following member's presence was noted: Mitchell.
LETTER OF RESIGNATION
May 9, 1996
Honorable Steve Gaw
Speaker of the House
Missouri House of Representatives
State Capitol Building
Jefferson City, MO 65101
Re: Resignation of office as member of the Missouri General Assembly; 148th District
Dear Speaker Gaw:
Pursuant to the Missouri State Constitution, I hereby resign as State Representative, District
148, effective this date, May 9, 1996.
As your are aware, I have accepted an appointment to the Missouri Probation and Parole Board.
I would ask that your office provide proper notice to all other parties necessary to make this
resignation complete and final.
Thank you for your anticipated cooperation.
Respectfully submitted,
/s/ Jim Mitchell
HOUSE BILLS WITH SENATE AMENDMENTS
HCS HB 781, with Senate Amendment No. 1, as amended, Senate Amendment No. 2,
Senate Amendment No. 3 and Senate Amendment No. 4, relating to Alzheimer's
care disclosure, was again taken up by Representative Stokan.
Representative Stokan moved that the House concur in Senate Amendment No. 1,
as amended, Senate Amendment No. 2 and Senate Amendment No. 4 to HCS HB 781
and request the Senate to recede from its position on Senate Amendment No. 3
and take up and pass HCS HB 781, as amended, or, failing to do so, grant the
House a conference.
The Speaker resumed the Chair.
Representative Lograsso requested a division of the question.
Representative Stokan moved that Senate Amendment No. 1, as amended, be
adopted.
Which motion was defeated by the following vote:
AYES: 058
Auer Backer Barry 100 Bland Boucher
Broach Brown Canuteson Champion Clayton
Crum 112 Donovan Dougherty Farnen Foley
Foster Hagan-Harrell Harlan Hosmer Jacob
Kissell Klumb Kreider Lakin Levin
Long Lumpe May 108 McBride McClelland
Montgomery Morgan Murphy Murray 69 O'Neill
O'Toole Oetting Ostmann Prost Relford
Reynolds Rizzo Scheve Schilling Sears 1
Shear 83 Sheldon 104 Skaggs Smith Stokan
Stoll Treadway Van Zandt Vogel Wiggins
Williams 121 Witt Mr. Speaker
NOES: 096
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Bonner Bray 84 Burton
Carter Childers Chrismer Cierpiot Cooper
Copeland Daniels 41 Davis Days Edwards-Pavia
Elliott Enz Evans Farmer Fiebelman
Fitzwater Ford Franklin Froelker Garnett
Gaskill Gibbons Goward Graham Gratz
Green Griesheimer Gross Gunn Hall
Hand Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hickey Hohulin Hoppe Howerton Kasten
Kauffman Keeven Kelley 47 Kelly 27 Koller
Leake Legan Liese Linton Lograsso
Loudon Luetkenhaus Marble Marshall 26 Marshall 133
Mays 50 McLuckie Murray 135 Naeger Nordwald
O'Connor Overschmidt Pauley Pouche Pryor
Richardson Ridgeway Robirds Ross Sallee
Schwab Scott Secrest Shelton 57 Shields
Sombart Summers Surface Thomason 163 Troupe
Wannenmacher Ward Whiteside Wieland Williams 159
Wooten
PRESENT: 000
ABSENT WITH LEAVE: 007
Crump 152 Daniel 42 Heckemeyer Ribaudo Steen
Tate Thompson 37
VACANCY: 002
Representative Stokan moved that the House refuse to concur in Senate
Amendment No. 1, as amended, Senate Amendment No. 2, Senate Amendment No. 3
and Senate Amendment No. 4 to HCS HB 781 and request the Senate to recede from
its position or, failing to do so, grant the House a conference.
Which motion was adopted.
HS HB 832, with Senate Amendment No. 1 and Senate Amendment No. 2, relating to
veterans cemeteries, was taken up by Representative Montgomery.
Representative Montgomery moved that the House refuse to concur in Senate
Amendment No. 1 and Senate Amendment No. 2 to HS HB 832 and request the Senate
to recede from its position or, failing to do so, grant the House a
conference.
Which motion was adopted.
BILL IN CONFERENCE
CCR HCS SB 914, relating to county governments, was taken up by Representative
Skaggs.
On motion of Representative Skaggs, CCR HCS SB 914 was adopted by the
following vote:
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Daniels 41 Davis Days Donovan Dougherty
Edwards-Pavia Elliott Enz Evans Farmer
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Froelker Garnett Gaskill
Gibbons Goward Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hohulin Hoppe Hosmer
Jacob Kasten Kauffman Keeven Kelley 47
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Neill O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Relford Reynolds Richardson Ridgeway Rizzo
Robirds Ross Scheve Schilling Schwab
Scott Sears 1 Secrest Shear 83 Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 011
Broach Brown Crump 152 Daniel 42 Hickey
Howerton Lumpe Ribaudo Sallee Steen
Ward
VACANCY: 002
On motion of Representative Skaggs, HCS SB 914, as amended by the CCR, was
truly agreed to and finally passed by the following vote:
AYES: 154
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Gunn
Hagan-Harrell Hall Hand Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelley 47 Kelly 27 Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Loudon Luetkenhaus Lumpe Marble
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Neill O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Stokan
Stoll Summers Surface Tate Thomason 163
Thompson 37 Treadway Troupe Van Zandt Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Daniel 42 Daniels 41 Hickey Ribaudo Sallee
Steen Ward
VACANCY: 002
Representative Witt declared the bill passed.
On motion of Representative Farnen, title to the bill was agreed to.
Representative Fiebelman moved that the vote by which the bill passed be
reconsidered.
Representative Fitzwater moved that motion lay on the table.
The latter motion prevailed.
HOUSE RESOLUTIONS
HR 305, relating to use of Chamber, was taken up by Representative Sombart.
On motion of Representative Sombart, HR 305 was adopted.
HR 332, relating to use of Chamber, was taken up by Representative Gratz.
On motion of Representative Gratz, HR 332 was adopted.
HR 557, relating to use of Chamber, was taken up by Representative Kreider.
On motion of Representative Kreider, HR 557 was adopted.
HR 600, relating to use of Chamber, was taken up by Representative Bland.
On motion of Representative Bland, HR 600 was adopted.
HR 727, relating to Potawatomi Indians, was taken up by Representative Lakin.
On motion of Representative Lakin, HR 727 was adopted.
HR 782, relating to use of Chamber, was taken up by Representative Farnen.
On motion of Representative Farnen, HR 782 was adopted.
THIRD READING OF SENATE BILL - FEDERAL MANDATE
SB 777, relating to victims of domestic violence, was taken up by
Representative Hosmer.
On motion of Representative Hosmer, SB 777 was truly agreed to and finally
passed by the following vote:
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Gunn
Hagan-Harrell Hall Hand Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Neill
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Relford Reynolds Richardson
Ridgeway Rizzo Robirds Ross Scheve
Schilling Schwab Scott Sears 1 Secrest
Shear 83 Sheldon 104 Shelton 57 Shields Smith
Sombart Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 001
Hohulin
PRESENT: 000
ABSENT WITH LEAVE: 010
Barry 100 Daniel 42 Hickey Pryor Ribaudo
Sallee Skaggs Steen Stokan Ward
VACANCY: 002
Representative Witt declared the bill passed.
On motion of Representative Canuteson, title to the bill was agreed to.
Representative Carter moved that the vote by which the bill passed be
reconsidered.
Representative Bland moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF SENATE BILL
HCS SB 904, as amended, relating to floodplain management, was again taken up
by Representative Wiggins.
Representative Nordwald requested a division of the question.
On motion of Representative Wiggins, Part I of HCS SB 904, as amended, was
adopted.
Representative Wiggins moved that Part II of HCS SB 904, as amended, be
adopted.
Which motion was defeated by the following vote:
AYES: 062
Bland Boucher Bray 84 Canuteson Carter
Clayton Cooper Crump 152 Daniel 42 Davis
Days Farmer Farnen Fitzwater Foley
Ford Green Gunn Hagan-Harrell Hartzler 123
Hickey Hoppe Hosmer Jacob Kasten
Kauffman Kelly 27 Klumb Kreider Lakin
Leake Legan Lumpe Mays 50 McBride
McLuckie Morgan Murray 69 Murray 135 Naeger
O'Neill Overschmidt Pauley Relford Reynolds
Rizzo Scheve Schilling Sears 1 Shear 83
Shelton 57 Shields Skaggs Smith Stoll
Summers Tate Van Zandt Wiggins Williams 121
Witt Mr. Speaker
NOES: 092
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Boatright
Bonner Broach Brown Burton Champion
Childers Chrismer Cierpiot Copeland Crum 112
Daniels 41 Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Fiebelman Foster Franklin
Froelker Garnett Gaskill Gibbons Goward
Graham Gratz Griesheimer Gross Hall
Hand Hartzler 124 Heckemeyer Hegeman Hendrickson
Hohulin Howerton Keeven Kelley 47 Kissell
Koller Levin Liese Linton Lograsso
Long Loudon Luetkenhaus Marble Marshall 26
Marshall 133 May 108 McClelland Murphy Nordwald
O'Connor O'Toole Oetting Ostmann Pouche
Prost Pryor Richardson Ridgeway Robirds
Ross Schwab Scott Secrest Sheldon 104
Sombart Steen Surface Thomason 163 Treadway
Troupe Vogel Wannenmacher Whiteside Wieland
Williams 159 Wooten
PRESENT: 000
ABSENT WITH LEAVE: 007
Harlan Montgomery Ribaudo Sallee Stokan
Thompson 37 Ward
VACANCY: 002
HCS SB 904, with Part I of HCS SB 904, as amended, adopted, was placed on the
Informal Calendar.
The Speaker resumed the Chair.
On motion of Representative Backer, the House recessed until 2:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by
Representative Smith.
The Speaker appointed the following to act as Honorary Pages for the Day, to
serve without compensation: Beth Lengfellner, Alexandria Hilliard, Greg
McKenzie, Koji Nowell, Andrew Dann and Jordan Maus.
RESOLUTIONS
Representative McBride offered House Resolution No. 1224, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Gaw offered House Resolution Nos. 1225 and 1226, which were
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Griesheimer offered House Resolution No. 1227, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
COMMITTEE REPORT
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which
was referred House Resolution Nos. 1025, 1026, 1027, 1028, 1029, 1030, 1031,
1032, 1033, 1034, 1035, 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043, 1044,
1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1053, 1054, 1055, 1056, 1057,
1058, 1059, 1060, 1061, 1062, 1063, 1064, 1065, 1066, 1067, 1068, 1069, 1070,
1071, 1072, 1073, 1074, 1075, 1076, 1077, 1078, 1079, 1080, 1081, 1082, 1083,
1084, 1085, 1086, 1087, 1088, 1089, 1090, 1091, 1092, 1093, 1094, 1095, 1096,
1097, 1098, 1099, 1100, 1101, 1102, 1103, 1104, 1105, 1106, 1107, 1108, 1109,
1110, 1111, 1112, 1113, 1114, 1115, 1116, 1117, 1118, 1119, 1120, 1121, 1122,
1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133, 1134, 1135,
1136, 1137, 1138, 1139, 1140, 1141, 1142, 1143, 1144, 1145, 1146, 1147, 1148,
1149, 1150, 1151, 1152, 1153, 1154, 1155, 1156, 1157, 1158, 1159, 1160, 1161,
1162, 1163, 1164, 1165, 1166, 1167, 1168, 1169, 1170, 1171, 1172, 1173, 1174,
1175, 1176, 1177, 1178, 1179, 1180, 1181, 1182, 1183, 1184, 1185, 1186, 1187,
1188, 1189, 1190, 1191, 1192, 1193, 1194, 1195, 1196, 1197, 1198, 1199, 1200,
1201, 1202, 1203, 1204, 1205, 1206, 1207, 1208, 1209, 1210, 1211, 1212, 1213,
1214, 1215, 1216, 1217, 1218, 1219, 1220, 1221, 1222, 1223, 1224, 1225, 1226
and 1227, begs leave to report it has examined the same and recommends that
they Do Pass.
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 adopted SCR 29.
SENATE CONCURRENT RESOLUTION NO. 29
WHEREAS, the general assembly is continually asked to act upon measures dealing with complex
and controversial subjects; and
WHEREAS, such measures frequently require lengthy and comprehensive study and evaluation; and
WHEREAS, the committee system of evaluation of proposed legislation has time and again proved
its worth to the entire membership of the general assembly;
NOW, THEREFORE, BE IT RESOLVED by the Senate, the House of Representatives concurring therein,
that the standing committees of each house and such other committees of the Senate and House
of Representatives as the president pro tem or the speaker shall designate may meet within the
state, and without the state with the approval of the president pro tem or speaker, as the
case may be, to consider bills or to perform any other necessary legislative function during
the interim prior to the convening of the 89th general assembly; and
BE IT FURTHER RESOLVED that the actual and necessary expenses of the members of each committee
incurred while attending such committee meetings of those committees, and the expenses of the
research and clerical personnel assigned thereto, be paid from the appropriate House or Senate
contingent fund.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HPA 1 to SCA 1 to HB
937 and has taken up and passed HB 937, as amended.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed HCS HB 991, entitled:
An act to repeal sections 226.005, 390.150, 508.070 and 622.010, RSMo 1994,
relating to motor carriers, and to enact in lieu thereof sixteen new sections
relating to the same subject, with penalty provisions.
With Senate Committee Amendment Nos. 1, 2, 3 and 4, Senate Amendment No. 1,
Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate
Amendment No. 5, Senate Amendment No. 6, Senate Amendment No. 7, Senate
Amendment No. 11, Senate Amendment No. 12, Senate Amendment No. 13, Senate
Amendment No. 14 and Senate Amendment No. 15.
Senate Committee Amendment No. 1
Amend House Committee Substitute for House Bill No. 991, Page 1, Section A, Line 3 by
inserting immediately after said line the following:
"94.705. 1. Any city may by a majority vote of its governing body impose a sales tax for
transportation purposes enumerated in sections 94.700 to 94.755, [but no such] and issue bonds
for transportation purposes which shall be retired by the revenues received from the sales tax
authorized by this section. The tax authorized by this section shall be in addition to any and
all other sales taxes allowed by law. No ordinance imposing a sales tax pursuant to the
provisions of this section shall become effective unless the council or other governing body
submits to the voters of the city, at a city or state general, primary, or special election, a
proposal to authorize the council or other governing body of the city to impose such a sales
tax and, if such tax is to be used to retire bonds authorized pursuant to this section, to
authorize such bonds and their retirement by such tax; except that no vote shall be required
in any city that imposed and collected such tax under sections 94.600 to 94.655, before
January 5, 1984. The ballot of the submission shall contain, but is not limited to, the
following language:
(1) If the proposal submitted involves only authorization to impose the tax authorized by this
section, the following language:
Shall the city of ............... (city's name) impose a sales tax of ..................
(insert amount) for transportation purposes?
[ ] Yes [ ] No
If you are in favor of the question, place an "X" in the box opposite "Yes". If you are
opposed to the question, place an "X" in the box opposite "No"[.];
(2) If the proposal submitted involves authorization to issue bonds and repay such bonds with
revenues from the tax authorized by this section, the following language:
Shall the city of ............... (city's name) issue bonds in the amount of ...........
(insert amount) for transportation purposes and impose a sales tax of .............. (insert
amount) to repay such bonds?
[ ] YES [ ] NO
If you are in favor of the question place an "X" in the box opposite "Yes". If you are opposed
to the question, place an "X" in the box opposite "No".
If a majority of the votes cast on the proposal, provided in subdivision (1) of this
subsection, by the qualified voters voting thereon are in favor of the proposal, then the
ordinance and any amendments thereto shall be in effect. If the four-sevenths majority of the
votes, as required by the Missouri Constitution, article VI, section 26, cast on the proposal,
provided in subdivision (2) of this subsection to issue bonds and impose a sales tax to retire
such bonds, by the qualified voters voting thereon are in favor of the proposal, then the
ordinance and any amendments thereto shall be in effect. If a majority of the votes cast on
the proposal, as provided in subdivision (1) of this subsection, by the qualified voters
voting are opposed to the proposal, then the council or other governing body of the city shall
have no power to impose the tax [herein] authorized in subdivision (1) of this subsection
unless and until the council or other governing body of the city submits another proposal to
authorize the council or other governing body of the city to impose the tax and such proposal
is approved by a majority of the qualified voters voting thereon. If more than three-sevenths
of the votes cast by the qualified voters voting are opposed to the proposal, as provided in
subdivision (2) of this subsection to issue bonds and impose a sales tax to retire such bonds,
then the council or other governing body of the city shall have no power to issue any bonds or
to impose the tax authorized in subdivision (2) of this subsection unless and until the
council or other governing body of the city submits another proposal to authorize the council
or other governing body of the city to issue such bonds or impose the tax to retire such bonds
and such proposal is approved by four-sevenths of the qualified voters voting thereon.
2. No incorporated municipality located wholly or partially within any first class county
operating under a charter form of government and having a population of over nine hundred
thousand inhabitants shall impose such a sales tax for that part of the city, town or village
that is located within such first class county, in the event such a first class county imposes
a sales tax under the provisions of sections 94.600 to 94.655.
3. The sales tax may be imposed at a rate not to exceed one-half of one percent on the
receipts from the sale at retail of all tangible personal property or taxable services at
retail within any city adopting such tax, if such property and services are subject to
taxation by the state of Missouri under the provisions of sections 144.010 to 144.525, RSMo.
4. If the boundaries of a city in which such sales tax has been imposed shall thereafter be
changed or altered, the city clerk shall forward to the director of revenue by United States
registered mail or certified mail a certified copy of the ordinance adding or detaching
territory from the city. The ordinance shall reflect the effective date thereof, and shall be
accompanied by a map of the city clearly showing the territory added thereto or detached
therefrom. Upon receipt of the ordinance and map, the tax imposed by sections 94.700 to 94.755
shall be effective in the added territory or abolished in the detached territory on the
effective date of the change of the city boundary.
5. No tax imposed pursuant to this section for the purpose of retiring bonds issued pursuant
to this section may be terminated until all of such bonds have been retired.
94.745. 1. All moneys received by a city imposing a sales tax under the provisions of sections
94.700 to 94.755 shall be deposited by the city treasurer, or other city officer authorized by
ordinance, in a special fund to be known as the "City Transportation Trust Fund". All moneys
in such transportation trust fund shall be appropriated and disbursed only for transportation
purposes as enumerated in sections 94.700 to 94.755. The provisions of this subsection shall
apply only to taxes authorized by sections 94.700 to 94.755 which have not been imposed to
retire bonds issued pursuant to sections 94.700 to 94.755.
2. All moneys received by a city which issues bonds pursuant to the provisions of section
94.705 and imposes the tax authorized by such section to retire such bonds shall be deposited
in a special trust fund and shall be used solely to retire such bonds, except to the extent
that such funds are required for the operation and maintenance of the capital improvements
made with the proceeds of the bonds. Once all of such bonds have been retired, all funds
remaining in the special trust fund required by this subsection shall be used solely for
transportation purposes. Any funds in the special trust fund required by this subsection which
are not needed to meet current obligations under the bonds issued pursuant to section 94.705
may be invested by the governing body in accordance with applicable laws relating to the
investment of other municipal funds. The provisions of this subsection shall apply only to
taxes authorized by section 94.705 which have been imposed to retire bonds issued pursuant to
such section.
[2.] 3. Any portion or all of the funds on deposit in a transportation trust fund may be
appropriated and paid by a city directly to an interstate transportation authority, a city
transit authority or a city utilities board for its general purposes in providing a public
mass transportation system within an interstate transportation district or a municipality;
provided that, before such funds may be appropriated and paid to any such interstate
transportation authority, city transit authority or city utilities board with a service area
population in excess of two million persons, such authority or board shall develop, for mutual
agreement, a program of transit service to be provided to the city. Such program shall define
the service to be provided, the fare structure to be in effect, the estimated cost of the
total transit service program of the authority or board, and the estimated cost of the city's
portion of the program. Such agreement shall be renewed prior to the beginning of each fiscal
year and, when such agreement is reached, the city shall appropriate to the authority or board
funds as are designated in the agreement for the period of the agreement. A city may designate
by contract with an interstate transportation authority, a city transit authority or a city
utilities board that a designated portion of such funds shall be used by the interstate
transportation authority, the city transit authority or the city utilities board to provide
specific service or frequency of service to underwrite a certain fare structure, or for any
other purposes consistent with providing a sound public mass transportation system.
[3.] 4. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least
seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that
are appropriated and paid by a city to an interstate transportation authority, a city transit
authority or a city utilities board shall be expended only for the purchase of new public mass
transportation equipment, for the construction of public mass transportation facilities, or
for any other capital expenditures or improvements to the property of the interstate
transportation authority, city transit authority or city utilities board used in providing
public mass transportation service, or to pay the interest or principal payments, or to
satisfy sinking fund requirements on any negotiable notes or bonds or other instruments in
writing issued for any of the above purposes.
[4.] 5. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least
seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that
are appropriated and expended by a city for its general purposes in providing a public mass
transportation system directly owned and operated by it shall be expended only for the purpose
of new public mass transportation equipment, for the construction of public mass
transportation facilities, or for any other capital expenditures or improvements to its
properties used in providing public mass transportation service, or to pay the interest or
principal payments, or to satisfy the sinking fund requirements on any negotiable notes or
bonds or other instruments in writing issued for any of the above purposes.
[5.] 6. No funds may be appropriated and paid to any such transportation authority, transit
authority or utilities board, unless and until such authority or board shall file or shall
have filed with the city paying such funds, and the secretary of state of the state of
Missouri, annually and within six months after the close of such authority or board's fiscal
year, an independently audited report and accounting as to such authority or board's
management and administration of any and all funds received and expended by such authority or
board.
[6.] 7. Transportation authorities operating a public mass transportation system under
sections 94.700 to 94.755 shall provide for interior and exterior advertising on each vehicle
for mass transportation purposes."; and
Further amend the title and enacting clause accordingly.
Senate Committee Amendment No. 2
AMEND House Committee Substitute for House Bill No. 991, Page 3, Section 1, Lines 5 through
12, by deleting all of said lines and inserting in lieu thereof the following:
"(2) "Household goods", personal effects and property used or to be used in a dwelling when
part of the equipment or supplies of such dwelling and similar property, if the
transportation of such effects or property, is either arranged and paid for by the
householder, including transportation of property from a factory or store when the property
is purchased by the householder with intent to use in his or her dwelling, or arranged and
paid for by another party. The term "household goods" shall not include personal property
which when tendered to a motor carrier is crated or otherwise packaged to make it suitable
for transportation by motor carriers of general commodities, freight or property;"; and
Further amend said bill, Page 4, Section 2, Line 12, by deleting the word "wholly" and
inserting in lieu thereof the word "only".
Senate Committee Amendment No. 3
Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by
inserting immediately after said line the following:
"301.041. 1. All commercial motor vehicles and trailers to be operated under agreements as
provided for in sections 301.271 to 301.279 shall be registered annually.
2. An application for renewal registration under this section shall be made with all required
documents on or before October first of each year. Renewal applications received after October
first shall be assessed a penalty of one hundred dollars. The director or his designee may
waive the penalty under this subsection for good cause.
3. Fees for commercial motor vehicles renewed under this section shall be paid no later than
December first of each year except for payments made on an installment basis as provided in
subsection 4 of this section. Renewal application fees not paid by December first shall be
assessed a penalty of fifty dollars per vehicle, but in no case shall such penalty exceed one
hundred fifty dollars per application. The director or his designee may, for good cause, waive
or reduce any penalties assessed under this subsection.
4. Any owner of a commercial motor vehicle or trailer operated under agreements provided in
sections 301.271 to 301.279 may elect to pay the annual registration fee in two equal
installments, except that no such installment shall be less than one hundred dollars. The
first installment shall be payable on or before December first, and the second installment
shall be payable on or before June first of that registration year. Every owner electing to
pay on an installment basis shall file with the director of the department of revenue, on or
before December first, a surety bond, [or] certificate of deposit or irrevocable letter of
credit as defined in section 400.5-103, RSMo, to guarantee the payment of the second
installment. The bond or certificate or letter of credit shall be in an amount equal to the
payment guaranteed.
5. If a new application for registration of a commercial vehicle is made other than as
specified in subsection 1 of this section, the registration fee shall be prorated as follows:
(1) For applications made between April first and June thirtieth, the applicant shall pay
three-fourths of the annual registration fee;
(2) For applications made between July first and September thirtieth, the applicant shall pay
one-half of the annual registration fee; and
(3) For applications made after October first of the current registration year, the applicant
shall pay one-fourth of the annual registration fee.
6. Any applicant who fails to timely renew his registration with all required documents under
this section or who fails to timely pay any fees and penalties owed under this section shall
not be issued a temporary registration under agreements as provided for in sections 301.271
and 301.279. Nothing in this section shall prohibit the issuance of temporary registration
credentials for additions to the registrant's fleet subsequent to renewal.
7. The applicant for registration under this section shall affix the registration plate issued
by the director to the front of the vehicle in accordance with the provisions of section
301.130. Any vehicle required to be registered under this section shall display the plate
issued to that vehicle no later than December thirty-first of each year. Failure to display
the registration plates required by this section shall constitute a class A misdemeanor.
8. The director of revenue may prescribe rules and regulations for the effective
administration of this section.
[9. The provisions of this section shall become effective April 1, 1994.]"; and
Further amend the title and enacting clause accordingly.
Senate Committee Amendment No. 4
Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 1-8 by
removing all of said section from the bill; and
Further amend the title and enacting clause accordingly
Senate Amendment No. 1
Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by
inserting immediately after said line the following:
"301.140. 1. Upon the transfer of ownership of any motor vehicle or trailer, the certificate
of registration and the right to use the number plates shall expire and the number plates
shall be removed by the owner at the time of the transfer of possession, and it shall be
unlawful for any person other than the person to whom such number plates were originally
issued to have the same in his or her possession whether in use or not; except that the buyer
of a motor vehicle or trailer who trades in a motor vehicle or trailer may attach the license
plates from the traded-in motor vehicle or trailer to the newly purchased motor vehicle or
trailer. The operation of a motor vehicle with such transferred plates shall be lawful for no
more than thirty days.
2. In the case of a transfer of ownership the original owner may register another motor
vehicle under the same number, upon the payment of a fee of two dollars, if the motor vehicle
is of horsepower, gross weight or (in the case of a passenger-carrying commercial motor
vehicle) seating capacity, not in excess of that originally registered. When such motor
vehicle is of greater horsepower, gross weight or (in the case of a passenger-carrying
commercial motor vehicle) seating capacity, for which a greater fee is prescribed, applicant
shall pay a transfer fee of two dollars and a pro rata portion for the difference in fees.
When such vehicle is of less horsepower, gross weight or (in case of a passenger-carrying
commercial motor vehicle) seating capacity, for which a lesser fee is prescribed, applicant
shall not be entitled to a refund.
3. Upon the sale of a motor vehicle or trailer by a dealer, a buyer who has made application
for registration, by mail or otherwise, may operate the same for a period of fifteen days
after taking possession thereof, if during such period the motor vehicle or trailer shall have
attached thereto, in the manner required by section 301.130, number plates issued to the
dealer. Upon application and presentation of satisfactory evidence that the buyer has applied
for registration, a dealer may furnish such number plates to the buyer for such temporary use.
In such event, the dealer shall require the buyer to deposit the sum of ten dollars and fifty
cents to be returned to the buyer upon return of the number plates as a guarantee that said
buyer will return to the dealer such number plates within fifteen days. The director shall
issue a temporary permit or paper plate authorizing the operation of a motor vehicle or
trailer by a buyer for not more than twenty days of the date of purchase.
4. The temporary permit or paper plate shall be made available by the director of revenue and
may be purchased from the department of revenue upon proof of purchase of a motor vehicle or
trailer for which the buyer has no registration plate available for transfer, or from a dealer
upon purchase of a motor vehicle or trailer for which the buyer has no registration plate
available for transfer. The director shall make temporary plates or permits available to
registered dealers in this state in sets of ten plates or permits. The fee for the temporary
permit or plate shall be seven dollars and fifty cents for each permit or plate issued. No
dealer shall charge more than seven dollars and fifty cents for each permit issued. The permit
or plate shall be valid for a period of twenty days from the date of issuance by the director
of revenue to the purchaser of a motor vehicle or trailer, or from the date of sale of the
motor vehicle or trailer by a dealer for which the purchaser obtains a permit or plate as set
out above.
5. The permit or plate shall be issued on a form prescribed by the director and issued only
for the applicant's use in the operation of the motor vehicle or trailer purchased to enable
him to legally operate the vehicle while proper title and registration plate are being
obtained, and shall be displayed on no other vehicle. [Commercial motor vehicles and trailers
displaying a permit or paper plate issued under this section must be operated while empty
except for its mounted equipment.] Permits or paper plates issued under this section shall not
be transferable or renewable and shall not be valid upon issuance of proper registration
plates for the motor vehicle or trailer. The director shall determine the size and numbering
configuration, construction, and color of the permit and plate.
6. The dealer or authorized agent shall insert the date of issuance and expiration date, year,
make, and manufacturer's number of vehicle on the paper plate or permit when issued to the
buyer. The dealer shall also insert his dealer's number on the paper plate. Every dealer that
issues a temporary permit or paper plate shall keep, for inspection of proper officers, a
correct record of each permit or plate issued by him by recording the permit or plate number,
buyer's name and address, year, make, manufacturer's number of vehicle on which the permit or
plate is to be used, and the date of issuance."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 2
Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by
inserting immediately following all of said line the following:
"226.955. 1. Any corridor map filed pursuant to sections 226.952 to 226.957 may be revised
from time to time by filing with the same regulatory authorities and county recorders who
received the prior corridor map, in the manner set forth in sections 226.952 to 226.957,
certified copies of an amended corridor map indicating any changes to be made in the location
of the highway corridor. In the event that the commission fails to initiate construction of
the new or relocated highway which was to be located within the approved corridor within
twelve years after the certified copy of the corridor map is filed under sections 226.952 to
226.957, the commission shall, in order to maintain the corridor, recertify such corridor in
the manner prescribed in sections 226.950 to 226.957.
2. In order to enable the commission to acquire property to preserve a corridor for future
highway construction under the provisions of sections 226.950 to 226.973, the commission shall
not be required to file construction plans for the future highway with the county clerk's
office as required by Missouri supreme court rule 86 or detail plans of the future highway
construction with the county clerk as required by section 226.050, RSMo.", and
Further amend said bill by amending the title and enacting clause accordingly.
Senate Amendment No. 3
Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by
inserting immediately after said line, the following:
"227.022. The highways and transportation commission shall include the following streets of
the city of St. Louis within the state highway system for the purposes of surface maintenance
and repair only: Beginning at the city limits of St. Louis at Pine Lawn, thence in a
southeasterly direction over what is known as Natural Bridge Avenue to Salisbury Street,
thence in a northeasterly direction over what is known as Salisbury Street to Interstate 70.
Beginning at the city limits of St. Louis at Wellston, thence in a southeasterly direction
over what is known as Page Boulevard to Dr. Martin Luther King Drive, thence in a
southeasterly direction over what is known as Dr. Martin Luther King Drive to Tucker
Boulevard. Beginning at the east curb line of Tucker Boulevard, thence in a easterly direction
over what is known as Cole Street to Interstate 70. Beginning at the city limits of St. Louis
at Maplewood, thence in an easterly direction over what is known as Manchester Avenue to
Chouteau Avenue, thence in an easterly direction over what is known as Chouteau Avenue to
Tucker Boulevard. Beginning at the city limits of St. Louis at Shrewsbury, thence in a
northeasterly direction over what is known as Chippewa Street to Marino Avenue. Beginning at
the city limits of St. Louis at St. Louis County, thence in a northeasterly direction over
what is known as Gravois Avenue to Tucker Boulevard. Beginning at the city limits of St. Louis
at St. Louis County, thence in a northerly direction over what is known as Broadway to Seventh
Boulevard, thence in a northerly direction over what is known as Seventh Boulevard to Park
Avenue, thence in a northerly direction over what is known as Broadway to Riverview Boulevard.
Beginning at the city limits of St. Louis at Wellston, thence in a southeasterly direction
over what is known as Dr. Martin Luther King Drive to Page Boulevard. Beginning at Interstate
270 in the city of St. Louis, thence in a southerly direction over what is known as Riverview
Drive to Riverview Boulevard, thence in a southerly direction over Riverview Boulevard to
Interstate 70. Beginning at Gravois Avenue in the city of St. Louis, thence in a northerly
direction over what is known as Kingshighway Boulevard to Interstate 70."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 4
Amend House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10 by
inserting immediately after said line, the following:
"Section 13. 1. Notwithstanding any other law to the contrary, the liability of any person
owning or operating a special passenger train and any railroad corporation over whose tracks
the special passenger train is operated, arising from a rail incident or accident occurring in
the state and resulting from the operation of a special passenger train by the person or upon
the person's tracks, shall not exceed ten million dollars for each claim, whether for
compensatory or punitive damages.
2. This section shall not limit the liability of a person whose intentional misconduct causes
a rail incident or accident.
3. The person operating a special passenger train shall maintain insurance coverage of not
less than ten million dollars per occurrence with the person and the railroad corporation over
whose tracks the special passenger train is operated, as named insureds. Such insurance shall
not have a self-insured retention or deducible greater than one hundred thousand dollars. A
person shall provide evidence of such coverage upon demand of the director of the department
of insurance or by the railroad corporation over whose tracks the special passenger train is
to be operated.
4. As used in this section, the following terms shall have the meanings given:
(1) "Person", an individual, partnership, corporation, association, institution, city, county
or other political subdivision, authority, state agency or institution, or federal government
agency or institution;
(2) "Railroad", a railroad as defined in section 386.020, RSMo;
(3) "Railroad corporation", a railroad corporation as defined in section 386.020, RSMo;
(4) "Special passenger train", a train which is engaged in the business of providing private
or for-hire transportation of passengers at speeds which do not exceed thirty-five miles per
hour over a railroad.
5. Nothing in this section shall be construed to require a railroad corporation to permit the
operation of a special passenger train over its tracks."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 5
Amend House CommitteeSubstitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by
inserting immediately after said line the following:
"390.126. 1. No motor carrier shall operate any motor vehicle on any public highway in this
state until after such carrier shall have filed with, and same has been approved by the
division, a certificate of any insurance carrier duly authorized to do business in this state
certifying that there is in effect a liability insurance policy or bond in some reliable
insurance company or association or other insurer satisfactory to the division and authorized
to transact insurance business in this state, in such forms and upon such conditions as the
division may deem necessary adequately to protect the interests of the public in the use of
the public highways and with due regard to the number of persons and amount of property
transported, which liability insurance shall bind the obligors thereunder to make compensation
for injuries to persons and loss of or damage to property resulting from the negligent
operation of such motor carrier; provided, that any motor carrier who shall furnish annually
to the division, and at such other times as may be required, satisfactory proof and evidence
of such carrier's financial ability to properly protect the interests of the public and pay
compensation for injuries to persons and loss or damage to property, on account of or arising
out of negligent operation of suchcarrier's business, shall not be required to furnish
liability insurance policy or bond therefor.
2. No other or additional policies, bonds or licenses than those prescribed in this chapter
shall be required of any motor carrier to which the provisions of this chapter apply by any
city, town or other subdivision of the state[; provided, that] except as provided in this
section. This section shall not be so construed as to interfere with the right of any county,
city or other civil subdivision of the state, to levy and collect any property tax to which
such motor carrier is liable under the general revenue laws of this state within such county,
city or other civil subdivision wherein the property of such motor carrier may be subject to
assessment and taxation.
3. Any city, county or airport authority, except a city not within a county or an airport
authority associated with such city, may collect fees not to exceed seven dollars per trip
from motor carriers engaged in commercial passenger operations upon the premises of any
airport owned or operated by the city, county or airport authority. Nothing in chapter 390,
RSMo, shall be construed to prevent the imposition and collection of such fees."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 6
Amend House Committee Substitute for House Bill No. 991, Page 1, Section 226.005, Line 8 by
inserting immediately after said line, the following:
"226.200. 1. There is hereby created [and set up] a "State Highways and Transportation
Department Fund" into which shall be paid or transferred all state revenue derived from
highway users as an incident to their use or right to use the highways of the state, including
all state license fees and taxes upon motor vehicles, trailers, and motor vehicle fuels, and
upon, with respect to, or on the privilege of the manufacture, receipt, storage, distribution,
sale or use thereof (excepting the sales tax on motor vehicles and trailers, and all property
taxes), and all other revenue received or held for expenditure by or under the department of
highways and transportation or the state highways and transportation commission, except:
(1) Money arising from the sale of bonds;
(2) Money received from the United States government; or
(3) Money received for some particular use or uses other than for the payment of principal and
interest on outstanding state road bonds.
2. Subject to the limitations of subsections 3, 4 and 5 of this section, from said fund shall
be paid or credited the cost:
(1) Of collection of all said state revenue derived from highway users as an incident to their
use or right to use the highways of the state;
(2) Of maintaining the state highways and transportation commission;
(3) Of maintaining the state highways and transportation department;
(4) Of any workers' compensation for state highways and transportation department employees;
(5) Of the share of the highways and transportation department in any retirement program for
state employees, only as may be provided by law; and
(6) Of administering and enforcing any state motor vehicle laws or traffic regulations.
3. For fiscal years prior to fiscal year 1993, the state highways and transportation
department fund shall be reimbursed annually in an amount equal to the difference between the
expenses incurred by state offices and departments for the purposes specified in sections
30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the
state highways and transportation department fund for fiscal year 1987 to such state offices
and departments.
4. For fiscal year 1993, the state highways and transportation department fund shall be
reimbursed on or before July 1, 1994, in an amount equal to the difference between the
expenses incurred by state offices and departments during fiscal year 1993 for the purposes
specified in sections 30(a) and 30(b) of article IV of the constitution and the total amount
appropriated from the state highways and transportation department fund for fiscal year 1987
to such state offices and departments as adjusted under this subsection. For the purposes of
calculating any reimbursement for fiscal year 1993, the total amount appropriated to such
state offices and departments during fiscal year 1987 shall be increased or decreased by the
percentage by which the total state revenues paid or transferred into the fund under
subsection 1 of this section during fiscal year 1993 differs from the total state revenues
paid or transferred into the fund during fiscal year 1992.
5. For fiscal year 1994 and for each fiscal year thereafter, the state highways and
transportation department fund shall be reimbursed on or before the first day of the second
succeeding fiscal year in an amount equal to the difference between the expenses incurred by
state offices and departments during such fiscal year for the purposes specified in sections
30(a) and 30(b) of article IV of the constitution and the total amount appropriated from the
state highways and transportation department fund for the preceding fiscal year to such state
offices and departments as adjusted under this subsection. For the purposes of calculating any
reimbursement under this subsection, the total amount appropriated to such state offices and
departments during the previous fiscal year shall be increased or decreased by the percentage
by which the total state revenues paid or transferred into the fund under subsection 1 of this
section during such fiscal year exceeds the total state revenues paid or transferred into the
fund during the preceding fiscal year.
6. The provisions of subsections 3, 4 and 5 of this section shall not apply to appropriations
from the fund to the highways and transportation commission and department or to
appropriations to the department of revenue for motor vehicle fuel tax refunds under chapter
142, RSMo, or to appropriations to the department of revenue for refunds or overpayments or
erroneous payments from the state highways and transportation department fund.
7. All interest earned upon the state highways and transportation department fund [in excess
of that amount which was earned by the state highways and transportation department fund in
fiscal year 1991, which latter amount shall continue to be deposited in and to the credit of
the general revenue fund,] shall be deposited in and to the credit of such fund and shall be
included in the calculation of total state revenues under subsections 4 and 5 of this section.
8. Any balance remaining in said fund after payment of said costs shall be transferred to the
state road bond and interest sinking fund.
9. Notwithstanding the provisions of subsection 2 of this section to the contrary, any funds
raised as a result of increased taxation pursuant to sections 142.025 and 142.372, RSMo, after
April 1, 1992, shall not be used for administrative purposes or administrative expenses of the
highways and transportation department."; and
Further amend the title and enacting clause accordingly
Senate Amendment No. 7
AMEND House Committee Substitute for House Bill No. 991, Page 1, In the Title, Line 3, by
deleting the word "sixteen" and inserting in lieu thereof the word "seventeen"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "sixteen" and
inserting in lieu thereof the word "seventeen"; and
Further amend said bill, Page 1, Section A, Line 3, by adding the following: after "12",/P>
"13" ; and
Further amend said bill, Page 9, Section 12, Line 10, by inserting immediately after said line
the following:
"Section 13. 1. The department of highways and transportation shall not accept any bid for a
public works project with an estimated cost in excess of one million dollars unless the
department determines such bid is made by a contractor which satisfies the provisions of
subsection 2 of this section.
2. The department of highways and transportation shall promulgate rules and regulations which
determine a contractor's minimum qualifications necessary for the contractor's bid to be
acceptable for a public works project in excess of one million dollars. The minimum
qualifications shall determine the types of work and the maximum amount of work on which a
contractor may submit a bid. The minimum qualifications shall be in regards to, but are not
limited to, the following:
(1) The contractor's experience in performing the type of work project to be bid, including
the construction experience of personnel necessary for the project;
(2) The contractor's ability to complete the work project to the satisfaction of the
department and in a timely manner, including a listing of previous completed projects similar
to the work project;
(3) An analysis of the contractor's most recent audited financial statement;
(4) The types of work the contractor is qualified to perform;
(5) The equipment the contractor has available for the project;
(6) The contractor's insurance coverage, including comprehensive general liability, worker's
compensation and automobile coverages;
(7) The contractor's designation of a Missouri resident as its agent for the receipt of legal
process; and
(8) The contractor's listing of all of its current projects in progress, including the value
of the projects not yet completed and their completion dates.
3. Any contractor making a bid for a project with an estimated cost in excess of one million
dollars shall provide information to the department necessary for a determination of minimum
qualifications pursuant to subsection 2 of this section.
4. All information submitted by a contractor to the department relevant to a determination of
minimum qualifications shall be confidential information as that term is defined pursuant to
section 105.450, RSMo.
5. No rule or portion of a rule promulgated pursuant to the authority of this section shall
become effective unless it has been promulgated pursuant to the provisions of section 536.024,
RSMo.".
Senate Amendment No. 11
AMEND House Committee Substitute for House Bill No. 991, page 1, section 226.005, line 8, by
inserting after said line the following:
"227.023. The highways and transportation commission shall include the following street within
the state highway system for the purposes of surface maintenance and repair only:
Beginning in the City of Clayton at Interstate I70, Thence in an easterly directly over what
is known as Forest Park Parkway to Interstate 64."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 12
AMEND House Committee Substitute for House Bill No. 991, page 9, section 12, line 10, by
inserting immediately after said line the following:
"305.230. 1. The state highways and transportation commission shall administer an aeronautics
program within this state. The state commission shall encourage, foster and participate with
the political subdivisions of this state in the promotion and development of aeronautics. The
state commission may provide financial assistance in the form of grants from funds
appropriated for such purpose to any political subdivision of this state acting independently
or jointly or to the owner or owners of any privately owned airport designated as a reliever
by the Federal Aviation Administration for the planning, acquisition, construction,
improvement or maintenance of airports, or for other aeronautical purposes.
2. Any political subdivision of this state or the owner or owners of any privately owned
airport designated as a reliever by the Federal Aviation Administration receiving state funds
for the purchase, construction, or improvement, except maintenance, of an airport shall agree
before any funds are paid to it to control by ownership or lease the airport for a period
equal to the useful life of the project as determined by the state commission following the
last payment of state or federal funds to it. In the event an airport authority ceases to
exist for any reason, this obligation shall be carried out by the governing body which created
the authority.
3. Unless otherwise provided, grants to political subdivisions or to the owner or owners of
any privately owned airport designated as a reliever by the Federal Aviation Administration
shall be made from the aviation trust fund. The aviation trust fund is a revolving trust fund
exempt from the provisions of section 33.080, RSMo, relating to the transfer of funds to the
general revenue funds of the state by the state treasurer. All interest earned upon the
balance in the aviation trust fund shall be deposited to the credit of the same fund.
4. The moneys in the aviation trust fund shall be administered by the state commission and,
when appropriated, shall be used for the following purposes:
(1) As matching funds on an up to eighty percent state/twenty percent local basis, except in
the case where federal funds are being matched, when the ratio of state and local funds used
to match the federal funds shall be fifty percent state/fifty percent local:
(a) For preventive maintenance of runways, taxiways and aircraft parking areas, and for
emergency repairs of the same;
(b) For the acquisition of land for the development and improvement of airports;
(c) For the earthwork and drainage necessary for the construction, reconstruction or repair of
runways, taxiways, and aircraft parking areas;
(d) For the construction, or restoration of runways, taxiways, or aircraft parking areas;
(e) For the acquisition of land or easements necessary to satisfy Federal Aviation
Administration safety requirements;
(f) For the identification, marking or removal of natural or manmade obstructions to airport
control zone surfaces and safety areas;
(g) For the installation of runway, taxiway, boundary, ramp, or obstruction lights, together
with any work directly related to the electrical equipment;
(h) For the erection of fencing on or around the perimeter of an airport;
(i) For purchase, installation or repair of air navigational and landing aid facilities and
communication equipment;
(j) For engineering related to a project funded under the provisions of this section and
technical studies or consultation related to aeronautics;
(k) For airport planning projects including master plans and site selection for development of
new airports, for updating or establishing master plans and airport layout plans at existing
airports;
(l) For the purchase, installation, or repair of safety equipment and such other capital
improvements and equipment as may be required for the safe and efficient operation of the
airport;
(2) As total funds, with no local match:
(a) For providing air markers, windsocks, and other items determined to be in the interest of
the safety of the general flying public;
(b) For the printing and distribution of state aeronautical charts and state airport
directories on an annual basis, and a newsletter on a quarterly basis or the publishing and
distribution of any public interest information deemed necessary by the state commission;
(c) For the conducting of aviation safety workshops;
(d) For the promotion of aerospace education.
5. The general assembly may appropriate to the aviation trust fund an amount not to exceed
five million dollars in each fiscal year for the purposes of this section. If on January
thirty-first of any year, the unobligated balance of the aviation trust fund exceeds five
million dollars, no appropriation shall be made for the following fiscal year.
6. In the event of a natural or manmade disaster which closes any runway or renders
inoperative any electronic or visual landing aid on an airport, any funds appropriated for the
purpose of capital improvements or maintenance of airports may be made immediately available
for necessary repairs once they are approved by the Missouri highway and transportation
department. For projects designated as emergencies by the Missouri highway and transportation
department, all requirements relating to normal procurement of engineering and construction
services are waived."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 13
AMEND House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10 by
inserting immediately after said line, the following:
"Section 12 . 1. Any member of the Ancient Arabic Order, Nobles of the Mystic Shrine of North
America (Shriners) living within the state of Missouri may receive special license plates as
prescribed in this section after an annual payment of an emblem-use authorization fee to the
Shrine temple to which the person is a member in good standing. The Shrine temple described in
this section shall authorize the use of its official emblem to be affixed on multiyear
personalized license plates as provided in this section. Any contribution to such Shrine
temple derived from this section, except reasonable administrative costs, shall be contributed
to the Shriners Hospitals for Crippled and Burned Children. Any member of such Shrine temple
may annually apply to the temple for the use of the emblem.
2. Upon annual application and payment of a ten dollar emblem-use contribution to the Shrine
temple, the temple shall issue to the vehicle owner, without further charge, an emblem-use
authorization statement, which shall be presented by the member to the department of revenue
at the time of registration of a motor vehicle. Upon presentation of the annual statement and
payment of the fee required for personalized license plates in section 301.144, RSMo, and
other fees and documents which may be required by law, the department of revenue shall issue a
personalized license plate, which shall bear the emblem of the Shrine, to the vehicle owner.
3. The license plate authorized by this section shall be in a form as prescribed in section
301.129, RSMo, except that such license plates shall be made with fully reflective material
with a common color scheme and design, shall be clearly visible at night, and shall be
aesthetically attractive, as prescribed by section 301.130, RSMo.
4. A vehicle owner, who was previously issued a plate with the Shrine emblem authorized by
this section but who does not provide an emblem-use authorization statement at a subsequent
time of registration, shall be issued a new plate which does not bear the Shrine emblem, as
otherwise provided by law. The director of revenue shall make necessary rules and regulations
for the enforcement of this section, and shall design all necessary forms required by this
section."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 14
AMEND House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by
inserting immediately after said line the following:
"Section 13. Any nonprofit organization connected with a global community project directed
toward the year 2004 and designated by the governing body of a city not within a county or a
county with a population of over nine hundred thousand may authorize the use of a "St. Louis
2004" official emblem described in this section to be affixed on personalized license plates a
provided in this section. Any vehicle owner may annually apply to a designated nonprofit
organization for the use of the emblem. Upon annual application and payment of a twenty-five
dollar emblem-use contributions to any designated nonprofit organization, such nonprofit
organization shall issue to the vehicle owner, without further charge, an "emblem-use
authorization statement", which shall be presented by the vehicle owner to the department of
revenue at the time of registration. Upon the fee required for personalized license plates in
section 301.144, and other fees and documents which may be required by law, the department of
revenue shall issue a personalized license plate, which shall bear the "St. Louis 2004" emblem
described in this section, to the vehicle owner. The emblem design shall be approved by the
governing bodies of a city not within a county and any county with a population of over nine
hundred thousand. Each such license plate shall be embossed with the words "ST. LOUIS 2004" at
the bottom of the plate. The license plate authorized by this section shall be made with fully
reflective material with a common color scheme and design approved by the advisory committee
established in section 301.129. The plates shall be clearly visible at night and shall be
aesthetically attractive, as prescribed by section 301.130. A vehicle owner, who was
previously issued a plate with the emblem authorized by this section who does not provide an
emblem-use authorization statement at a subsequent time of registration, shall otherwise
provided by law. The director of revenue shall make necessary rules and regulations for the
enforcement of this section and shall design all necessary forms. Any contribution to a
designated nonprofit organization derived from this section may be used for any civic purpose
deemed appropriate by the nonprofit organization."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 15
AMEND House Committee Substitute for House Bill No. 991, Page 9, Section 12, Line 10, by
inserting after said line the following:
"Section 1. The portion of interstate highway 44 contained within a county of the first class
having a population between ninety and one hundred thousand and bordering on the state of
Kansas shall be designated as the "Congressman Gene Taylor Highway."
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SCS HCS HB 1099,
entitled:
An act to repeal sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185,
266.190, 266.200, 266.205, 266.210, 266.220, 276.401, 276.411, 276.421, 276.423, 276.426,
276.436, 276.441, 276.456, 276.461, 276.471, 276.486, 276.491, 276.501, 276.506, 276.511,
276.516, 411.115, 411.131, 411.180, 411.260, 411.261, 411.271, 411.278, 411.280, 411.283,
411.287, 411.321, 411.323, 411.325, 411.391, 411.405, 411.471, 411.517, 411.518 and 411.519.
RSMo 1994, and sections 266.195, 411.026 and 411.070, RSMo Supp. 1995, relating to
agricultural products, and to enact in lieu thereof forty-nine new sections relating to the
same subject with penalty provisions, and emergency clause for certain sections and an
effective date for certain sections.
With Senate Amendment Nos. 1, 2, 3 and 4.
Senate Amendment No. 1
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, Page
17, Section 266.200, Line 51, by striking the word "shall" and inserting in lieu thereof the
following: "may"; and further amend line 52, by striking the following: "person named on the
label" and inserting in lieu thereof the word "guarantor"; and further amend line 53, by
striking the word "purchaser" and inserting in lieu thereof the word "distributor"; and
Further amend said bill, page 20, section 266.212, line 25, by inserting immediately after
"RSMo" the following: ", within thirty days after receipt of an order assessing an
administrative penalty"; and further amend line 31, by inserting immediately after "court" the
following: "within thirty days after receipt of the final administrative order"; and
Further amend said bill, page 81, Section B, line 2, by striking the following: "266.152,
266.160,"; and further amend line 3, by striking all of said line; and further amend line 4,
by striking the following: "266.205, 266.210 and 266.220" and inserting in lieu thereof the
following: "276.401, 276.404, 276.411, 276.421, 276.423, 276.426, 276.436, 276.441, 276.456,
276.461, 276.471, 276.486, 276.491, 276.501, 276.506, 276.511, 276.516, 411.026, 411.070,
411.180, 411.260, 411.271, 411.278, 411.280, 411.283, 411.287, 411.321, 411.323, 411.325,
411.391, 411.405, 411.517, 411.518, 411.519 and 411.800"; and
Further amend said bill and page, Section C, lines 1-5, by striking all of said lines and
inserting in lieu thereof the following:
"Section C. Sections 266.152, 266.160, 266.165, 266.170, 266.175, 266.180, 266.185, 266.190,
266.195, 266.200, 266.205, 266.210 and 266.220, RSMo, shall".
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, page
27, section 276.421, lines 18 and 19, by deleting the words "or an independent accountant".
Senate Amendment No. 3
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, page
17, section 266.200, lines 53 through 58, by deleting all of said lines after "purchaser." on
line 53.
Senate Amendment No. 4
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1099, page
18, section 266.210, lines 21 through 23, by deleting the following language:
"If any prosecuting attorney refuses or fails to act on request of the director, the attorney
general shall so act; however, no"
and substituting therefor the following:
"The prosecuting attorney may refer the matter to the attorney general who shall act in the
matter. No"
Emergency Clause Adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report No. 4 on HCS SS SB 687, as amended, and has taken up and
passed CCS#4 HCS SS SB 687.
Emergency Clause Adopted.
THIRD READING OF SENATE BILL - INFORMAL
SB 854, relating to Midwest low-level radioactive waste compact, was taken up
by Representative Backer.
On motion of Representative Backer, SB 854 was truly agreed to and finally
passed by the following vote:
AYES: 147
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Broach Brown Burton
Canuteson Carter Champion Chrismer Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Edwards-Pavia Elliott Enz Evans Farmer
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Froelker Garnett Gaskill
Gibbons Goward Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hohulin Hoppe Hosmer Howerton
Jacob Kasten Kauffman Keeven Kelley 47
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Linton
Lograsso Long Loudon Luetkenhaus Marble
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Neill O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Scott Sears 1 Secrest Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Steen
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Wiggins Williams 121 Williams 159
Wooten Mr. Speaker
NOES: 002
Bray 84 Shear 83
PRESENT: 002
Hendrickson Liese
ABSENT WITH LEAVE: 010
Boucher Childers Dougherty Hickey Lumpe
Ribaudo Stokan Thompson 37 Ward Witt
VACANCY: 002
Representative Smith declared the bill passed.
On motion of Representative Treadway, title to the bill was agreed to.
Representative Sears (1) moved that the vote by which the bill passed be
reconsidered.
Representative Schilling moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF SENATE BILLS
SB 783, with House Committee Amendment No. 1, relating to employment security,
was taken up by Representative May (108).
Representative May (108) offered HS SB 783.
Representative O'Neill offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for Senate Bill No. 783, Page 1, In the Title, Line 9, by deleting the
word "sixteen" and inserting in lieu thereof the following: "seventeen"; and
Further amend said bill, Page 1, Section A, Line 4, by deleting the word "sixteen" and
inserting in lieu thereof the following: "seventeen"; and
Further amend said bill, Page 1, Section A, Line 7, by inserting after the number "288.200"
the following: "288.379,"; and
Further amend said bill, Page 48, Section 288.200, Line 20, by inserting after all of said
line the following:
"288.379. 1. Effective January 1, 1997, an individual filing a new or renewed unemployment
compensation claim shall, at the time of filing such claim, be advised that:
(1) Unemployment compensation is subject to federal, state and local income tax;
(2) Requirements exist pertaining to estimated tax payments;
(3) The individual may elect to have federal income tax deducted and withheld from the
individual's payment of unemployment compensation at the amount specified in the federal
Internal Revenue Code;
(4) The individual shall be permitted to change a previously elected withholding status.
2. Amounts deducted and withheld from unemployment compensation shall remain in the
unemployment compensation trust fund until transferred to the federal, state or local taxing
authority as a payment of income tax.
3. The division shall follow all procedures specified by the United States Department of Labor
and the federal Internal Revenue Service pertaining to the deducting and withholding of income
tax.
4. Amounts shall be deducted and withheld pursuant to this section only after amounts are
deducted and withheld for any overpayments of unemployment compensation, child support
obligations, food stamps overissuances or any other amounts required to be deducted and
withheld pursuant to this chapter.".
On motion of Representative O'Neill, House Amendment No. 1 was adopted.
Representative Pryor offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for Senate Bill No. 783, Page 1, In the Title, Line 5, by inserting
after the figure "288.036," the following: "288.040,"; and
Further amend said bill, Page 1, In the Title, Line 9, by deleting the word "sixteen" and
inserting in lieu thereof the following: "seventeen"; and
Further amend said bill, Page 1, Section A, Line 3 of said page, by inserting after the figure
"288.036," the following: "288.040,"; and
Further amend said bill, Page 1, Section A, Line 4 of said page, by deleting the word
"sixteen" and inserting the word "seventeen"; and
Further amend said bill, Page 1, Section A, Line 6 of said page, by inserting after the figure
"288.036," the following: "288.040,"; and
Further amend said bill, Page 20, Section 288.036, Line 16 of said page, by inserting after
all of said line the following:
"288.040. 1. A claimant who is unemployed and has been determined to be an insured worker
shall be eligible for benefits for any week only if the deputy finds that:
(1) He has registered for work at and thereafter has continued to report at an employment
office in accordance with such regulations as the division may prescribe;
(2) He is able to work and is available for work. No person shall be deemed available for work
unless he has been and is actively and earnestly seeking work. Upon the filing of an initial
or renewed claim, and prior to the filing of each weekly claim thereafter, the deputy shall
notify each claimant of the number of work search contacts required to constitute an active
search for work. No person shall be considered not available for work, under this subdivision,
solely because he is a substitute teacher or is on jury duty. A claimant shall not be
determined to be ineligible under this subdivision because of not actively and earnestly
seeking work if:
(a) The claimant is participating in training approved under section 236 of the Trade Act of
1974, as amended, (19 U.S.C.A. Sec. 2296, as amended); or
(b) The claimant is temporarily unemployed through no fault of his own and has a definite
recall date within eight weeks of his first day of unemployment; however, upon application of
the employer responsible for the claimant's unemployment, such eight-week period may be
extended at the discretion of the director;
(3) He has reported in person to an office of the division as directed by the deputy, but at
least once every four weeks, except that a claimant shall be exempted from the reporting
requirement of this subdivision if:
(a) The claimant is claiming benefits in accordance with division regulations dealing with
partial or temporary total unemployment; or
(b) The claimant is temporarily unemployed through no fault of his own and has a definite
recall date within eight weeks of his first day of unemployment; or
(c) The claimant resides in a county with an unemployment rate, as published by the division,
of ten percent or more and in which the county seat is more than forty miles from the nearest
division office;
Ineligibility under this subdivision shall begin on the first day of the week which the
claimant was scheduled to claim and shall end on the last day of the week preceding the week
during which the claimant does report in person to the division's office;
(4) Prior to the first week of a period of total or partial unemployment for which he claims
benefits he has been totally or partially unemployed for a waiting period of one week. No more
than one waiting week will be required in any benefit year. The one-week waiting period shall
become compensable after unemployment during which benefits are payable for nine consecutive
weeks. No week shall be counted as a week of total or partial unemployment for the purposes of
this subsection unless it occurs within the benefit year which includes the week with respect
to which he claims benefits;
(5) He has made a claim for benefits;
(6) The claimant is participating in reemployment services, such as job search assistance
services, as directed by the deputy if the claimant has been determined to be likely to
exhaust regular benefits and to need reemployment services pursuant to a profiling system
established by the division, unless the deputy determines that:
(a) The individual has completed such reemployment services; or
(b) There is justifiable cause for the claimant's failure to participate in such reemployment
services.
2. A claimant shall be ineligible for waiting week credit or benefits for any week for which
the deputy finds he is or has been suspended by his most recent employer for misconduct
connected with his work.
3. (1) Benefits based on "service in employment", defined in subsections 7 and 8 of section
288.034, shall be payable in the same amount, on the same terms and subject to the same
conditions as compensation payable on the basis of other service subject to this law; except
that:
(a) With respect to service performed in an instructional, research, or principal
administrative capacity for an educational institution, benefits shall not be paid based on
such services for any week of unemployment commencing during the period between two successive
academic years or terms, or during a similar period between two regular but not successive
terms, or during a period of paid sabbatical leave provided for in the individual's contract,
to any individual if such individual performs such services in the first of such academic
years (or terms) and if there is a contract or a reasonable assurance that such individual
will perform services in any such capacity for any educational institution in the second of
such academic years or terms;
(b) With respect to services performed in any capacity (other than instructional, research, or
principal administrative capacity) for an educational institution, benefits shall not be paid
on the basis of such services to any individual for any week which commences during a period
between two successive academic years or terms if such individual performs such services in
the first of such academic years or terms and there is a contract or a reasonable assurance
that such individual will perform such services in the second of such academic years or terms;
(c) With respect to services described in paragraphs (a) and (b) of this subdivision, benefits
shall not be paid on the basis of such services to any individual for any week which commences
during an established and customary vacation period or holiday recess if such individual
performed such services in the period immediately before such vacation period or holiday
recess, and there is reasonable assurance that such individual will perform such services
immediately following such vacation period or holiday recess;
(d) With respect to services described in paragraphs (a) and (b) of this subdivision, benefits
payable on the basis of services in any such capacity shall be denied as specified in
paragraphs (a), (b), and (c) of this subdivision, to any individual who performed such
services at an educational institution while in the employ of an educational service agency,
and for this purpose the term "educational service agency" means a governmental agency or
governmental entity which is established and operated exclusively for the purpose of providing
such services to one or more educational institutions.
(2) If compensation is denied for any week under paragraph (b) or (d) of subdivision (1) of
this subsection, to any individual performing services at an educational institution in any
capacity (other than instructional, research or principal administrative capacity), and such
individual was not offered an opportunity to perform such services for the second of such
academic years or terms, such individual shall be entitled to a retroactive payment of the
compensation for each week for which the individual filed a timely claim for compensation and
for which compensation was denied solely by reason of paragraph (b) or (d) of subdivision (1)
of this subsection.
4. (1) A claimant shall be ineligible for waiting week credit, benefits or shared work
benefits for any week for which he is receiving or has received remuneration exceeding his
weekly benefit amount or shared work benefit amount in the form of:
(a) Compensation for temporary partial disability under the workers' compensation law of any
state or under a similar law of the United States;
(b) A governmental or other pension, retirement or retired pay, annuity, or other similar
periodic payment which is based on the previous work of such claimant to the extent that such
payment is provided from funds provided by a base period or chargeable employer under a plan
maintained or contributed to by such employer; but, except for such payments made under the
Social Security Act or the Railroad Retirement Act of 1974 (or the corresponding provisions of
prior law), the provisions of this paragraph shall not apply if the services performed for
such employer by the claimant after the beginning of the base period (or remuneration for such
services) do not affect eligibility for or increase the amount of such pension, retirement or
retired pay, annuity or similar payment[.];
(c) Wages in lieu of notice, terminal leave pay, severance pay, separation pay or dismissal
payments, regardless of whether the remuneration is voluntary or required by policy or
contract. Lump sum payments and periodic payments shall be prorated by weeks on the basis of
the most recent weekly wage of the individual for a standard work week.
(2) If the remuneration referred to in this subsection is less than the benefits which would
otherwise be due, he shall be entitled to receive for such week, if otherwise eligible,
benefits reduced by the amount of such remuneration, and, if such benefit is not a multiple of
one dollar, such amount shall be lowered to the next multiple of one dollar.
(3) Notwithstanding the provisions of subdivisions (1) and (2) of this subsection, if a
claimant has contributed in any way to the Social Security Act or the Railroad Retirement Act
of 1974, or the corresponding provisions of prior law, no part of the payments received under
such federal law shall be deductible from the amount of benefits received under this chapter.
5. A claimant shall be ineligible for waiting week credit or benefits for any week for which
or a part of which he has received or is seeking unemployment benefits under an unemployment
insurance law of another state or the United States; provided, that if it be finally
determined that he is not entitled to such unemployment benefits, such ineligibility shall not
apply.
6. (1) A claimant shall be ineligible for waiting week credit or benefits for any week for
which the deputy finds that his total or partial unemployment is due to a stoppage of work
which exists because of a labor dispute in the factory, establishment or other premises in
which he is or was last employed. In the event he secures other employment from which he is
separated during the existence of the labor dispute, he must have obtained bona fide
employment as a permanent employee for at least the major part of each of two weeks in such
subsequent employment to terminate his ineligibility. If, in any case, separate branches of
work which are commonly conducted as separate businesses at separate premises are conducted in
separate departments of the same premises, each such department shall for the purposes of this
subsection be deemed to be a separate factory, establishment or other premises. This
subsection shall not apply if it is shown to the satisfaction of the deputy that:
(a) He is not participating in or financing or directly interested in the labor dispute which
caused the stoppage of work; and
(b) He does not belong to a grade or class of workers of which, immediately preceding the
commencement of the stoppage, there were members employed at the premises at which the
stoppage occurs, any of whom are participating in or financing or directly interested in the
dispute.
(2) "Stoppage of work" as used in this subsection means a substantial diminution of the
activities, production or services at the establishment, plant, factory or premises of the
employing unit.
7. On or after January 1, 1978, benefits shall not be paid to any individual on the basis of
any services, substantially all of which consist of participating in sports or athletic events
or training or preparing to so participate, for any week which commences during the period
between two successive sport seasons (or similar periods) if such individual performed such
services in the first of such seasons (or similar periods) and there is a reasonable assurance
that such individual will perform such services in the later of such seasons (or similar
periods).
8. Benefits shall not be payable on the basis of services performed by an alien, unless such
alien is an individual who was lawfully admitted for permanent residence at the time such
services were performed, was lawfully present for purposes of performing such services, or was
permanently residing in the United States under color of law at the time such services were
performed (including an alien who was lawfully present in the United States as a result of the
application of the provisions of section 212(d)(5) of the Immigration and Nationality Act).
(1) Any data or information required of individuals applying for benefits to determine whether
benefits are not payable to them because of their alien status shall be uniformly required
from all applicants for benefits.
(2) In the case of an individual whose application for benefits would otherwise be approved,
no determination that benefits to such individual are not payable because of his alien status
shall be made except upon a preponderance of the evidence.".
Representative Pryor offered House Amendment No. 1 to House Amendment No. 2.
House Amendment No. 1
to
House Amendment No. 2
AMEND House Amendment No. 2 to House Substitute for Senate Bill No. 783, page 8, section
288.040, line 19, by deleting the words "terminal leave pay,"
On motion of Representative Pryor, House Amendment No. 1 to House Amendment
No. 2 was adopted.
On motion of Representative Pryor, House Amendment No. 2, as amended, was
adopted.
Representative Pryor offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for Senate Bill No. 783, Page 25, Line 9 of said page, by inserting
after all of said line the following:
"The following shall be considered as "misconduct" and subject to the restrictions of this
subsection: A claimant found to be in violation of an attendance or tardiness policy that had
been communicated in writing to all employees and posted in a conspicuous place at the
worksite where the claimant was employed. If the claimant was a member of a collective
bargaining unit at the time of unemployment and the agreement between the former employer and
the collective bargaining unit contains a provision on attendance or tardiness, such clause
shall be deemed communication in writing to the claimant for purposes of this subsection. No
provision of an attendance or tardiness policy which is not in conformity with the federal
Family and Medical Leave Act of 1993 shall result in a loss of benefits pursuant to this
subsection.".
Representative Pryor offered House Amendment No. 1 to House Amendment No. 3.
Representative May (108) raised a point of order that House Amendment No. 1 to
House Amendment No. 3 is in the third degree.
Representative Smith requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
House Amendment No. 3 was withdrawn.
Representative Pryor offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for Senate Bill No. 783, Page 25, Line 9 of said page, by inserting
after all of said line the following:
"The following shall be considered as "misconduct" and subject to the restrictions of this
subsection: A claimant found to be in violation of a reasonable attendance or tardiness policy
that had been communicated in writing to all employees and posted in a conspicuous place at
the worksite where the claimant was employed. If the claimant was a member of a collective
bargaining unit at the time of unemployment and the agreement between the former employer and
the collective bargaining unit contains a provision on attendance or tardiness, such clause
shall be deemed communication in writing to the claimant for purposes of this subsection. No
provision of an attendance or tardiness policy which is not in conformity with the federal
Family and Medical Leave Act of 1993 shall result in a loss of benefits pursuant to this
subsection.".
Representative Pryor moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 070
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Brown Burton Childers
Chrismer Cierpiot Cooper Crum 112 Edwards-Pavia
Elliott Enz Foster Froelker Garnett
Gaskill Gibbons Graham Hall Hand
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin
Howerton Kasten Keeven Kelley 47 Kreider
Legan Liese Linton Lograsso Long
Loudon Marble Marshall 133 McBride McClelland
Murray 135 Naeger Nordwald Oetting Ostmann
Overschmidt Pouche Pryor Richardson Ridgeway
Robirds Ross Sallee Schwab Scott
Secrest Shields Sombart Steen Summers
Surface Thomason 163 Vogel Whiteside Williams 159
NOES: 080
Auer Backer Barry 100 Bland Bonner
Boucher Bray 84 Broach Canuteson Carter
Champion Clayton Copeland Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Farmer
Farnen Fiebelman Fitzwater Foley Franklin
Gratz Green Griesheimer Gross Gunn
Hagan-Harrell Harlan Heckemeyer Hoppe Hosmer
Jacob Kauffman Kelly 27 Kissell Klumb
Lakin Leake Levin Luetkenhaus Lumpe
Marshall 26 May 108 Mays 50 McLuckie Montgomery
Morgan Murphy Murray 69 O'Connor O'Neill
O'Toole Pauley Relford Reynolds Schilling
Sears 1 Shear 83 Sheldon 104 Shelton 57 Skaggs
Smith Stokan Stoll Tate Thompson 37
Treadway Troupe Van Zandt Wannenmacher Wieland
Wiggins Williams 121 Witt Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 011
Dougherty Evans Ford Goward Hickey
Koller Prost Ribaudo Rizzo Scheve
Ward
VACANCY: 002
Representative Hosmer offered House Amendment No. 4.
Seventy-first Day-Thursday, May 9, 1996
House Amendment No. 4
AMEND House Substitute for Senate Bill No. 783, Page 1, In the Title, Line 4, by deleting all
of said line and inserting in lieu thereof the following: "288.200, 288.380, 327.401 and
347.187, RSMo 1994, and"; and
Further amend said bill, Page 1, Section A, Line 2 of said page, by deleting all of said line
and inserting in lieu thereof the following:
"288.130, 288.140, 288.160, 288.190, 288.200, 288.380, 327.401 and 347.187,"; and
Further amend said bill, Page 1, Section A, Line 7 of said page, by deleting all of said line
and inserting in lieu thereof the following: "288.130, 288.140, 288.160, 288.190, 288.200,
288.380, 327.401, 347.187,"; and
Further amend said bill, Page 60, Section 288.380, Line 3 of said page, by inserting after all
of said line the following:
"327.401. 1. The right to engage in the practice of architecture or to practice as a
professional engineer or to practice as a land surveyor shall be deemed a personal right,
based upon the qualifications of the individual, evidenced by his or her certificate of
registration and shall not be transferable; but any registered architect or any registered
professional engineer or any registered land surveyor may practice his or her profession
through the medium of, or as a member or as an employee of, a partnership or corporation if
the plans, specifications, estimates, plats, reports, surveys or other like documents or
instruments of the partnership or corporation are signed and stamped with the personal seal of
the registered architect or registered professional engineer or registered land surveyor by
whom or under whose personal direction the same were prepared and that the registered
architect or registered engineer or registered land surveyor who affixes his or her signature
and personal seal to any such plans, specifications, estimates, plats, reports or other
documents or instruments shall be personally and professionally responsible therefor.
2. Any domestic corporation formed under the [general and business corporation law or under
the professional] corporation law of this state, or any foreign corporation, now or hereafter
organized and having as one of its purposes the practicing of architecture or professional
engineering or land surveying and any existing corporation which amends its charter to propose
to practice architecture or professional engineering or land surveying shall obtain a
certificate of authority for each profession named in the articles of incorporation or
articles of organization from the board which shall be renewed in accordance with the
provisions of section 327.171 or 327.261 or 327.351, as the case may be, and from and after
the date of such certificate of authority and while the authority or a renewal thereof is in
effect, may offer and render architectural or professional engineering or land surveying
services in this state if:
(1) At all times during the authorization or any renewal thereof the directors of the
corporation shall have assigned responsibility for the proper conduct of all its architectural
or professional engineering or land surveying activities in this state to an architect
registered and authorized to practice architecture in this state or to a professional engineer
registered and authorized to practice engineering in this state or to a land surveyor
registered and authorized to practice land surveying in this state, as the case may be; and
(2) The person or persons who is or are personally in charge and supervises or supervise the
architectural or professional engineering or land surveying activities, as the case may be, of
any such corporation in this state shall be registered and authorized to practice architecture
or professional engineering or land surveying, as the case may be, as provided in this
chapter; and
(3) The corporation pays such fees for the certificate of authority, renewals or
reinstatements thereof as are required.
3. As used in this section, the term "corporation" means any general business corporation, or
limited liability company.".
On motion of Representative Hosmer, House Amendment No. 4 was adopted.
Representative Ridgeway offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for Senate Bill No. 783, by adding on the last page a new section as
follows:
Benefits shall not be paid to any individual on the basis of any services, substantially all
of which consist of preparing or cleaning a professional sporting arena or forum for
professional sporting events for any week which commences during the period between two
successive sporting events, if such individual has previously performed such services and
there is a reasonable assurance that such individual will perform such services for the next
such sporting event.
Representative Ridgeway moved that House Amendment No. 5 be adopted.
Which motion was defeated by the following vote:
AYES: 071
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Brown Burton Canuteson
Champion Childers Chrismer Cierpiot Cooper
Elliott Enz Evans Foster Froelker
Gaskill Gibbons Graham Griesheimer Gross
Hall Hand Hartzler 123 Hartzler 124 Hegeman
Hohulin Howerton Kasten Kauffman Keeven
Kelley 47 Legan Levin Linton Lograsso
Long Loudon Marble Marshall 133 McClelland
Murphy Murray 135 Naeger Nordwald Oetting
Ostmann Pouche Pryor Richardson Ridgeway
Robirds Ross Sallee Schwab Scott
Secrest Shelton 57 Shields Sombart Steen
Summers Surface Vogel Wannenmacher Whiteside
Wieland
NOES: 085
Auer Backer Barry 100 Bland Bonner
Boucher Bray 84 Broach Carter Clayton
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Edwards-Pavia Farmer Farnen
Fiebelman Fitzwater Foley Ford Franklin
Garnett Goward Gratz Green Gunn
Hagan-Harrell Harlan Heckemeyer Hendrickson Hoppe
Hosmer Jacob Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Liese
Luetkenhaus Lumpe Marshall 26 May 108 Mays 50
McBride McLuckie Montgomery Morgan Murray 69
O'Connor O'Neill O'Toole Overschmidt Pauley
Prost Relford Reynolds Rizzo Scheve
Schilling Sears 1 Shear 83 Sheldon 104 Skaggs
Smith Stokan Stoll Tate Thomason 163
Thompson 37 Treadway Troupe Van Zandt Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 005
Donovan Dougherty Hickey Ribaudo Ward
VACANCY: 002
Representative Hegeman offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for Senate Bill No. 783, page 60, section 288.380, line 3, by inserting
immediately after said line, the following:
347.015. As used in sections 347.010 to 347.187, the following terms mean:
(1) "Articles of organization", the articles referred to in section 347.039, filed with the
secretary for the purpose of forming a limited liability company, as the same may be amended
or restated from time to time as provided in sections 347.010 to 347.187;
(2) "Authorized person", manager, or member, if management of the limited liability company is
vested in the members;
(3) "Bankruptcy", the entry of an order for relief by the court in a proceeding under the
United States Bankruptcy Code, Title 11, U.S.C., as amended, or its equivalent under a state
insolvency act or a similar law of other jurisdictions;
(4) "Business" includes every trade, occupation or profession;
(5) "Contribution", cash, other property, the use of property, services rendered, a promissory
note or other binding obligation to contribute cash or property or perform services or any
other valuable consideration transferred by a person to the limited liability company as a
prerequisite for membership in the limited liability company and any subsequent transfer to
the limited liability company by a person in his capacity as a member;
(6) "Court" includes every court and judge having jurisdiction in the case;
(7) "Domestic limited liability company" or "limited liability company", a limited liability
company organized and existing under sections 347.010 to 347.187;
(8) "Event of withdrawal", an event that causes a person to cease to be a member as provided
in section 347.123;
(9) "Foreign limited liability company", a limited liability company formed under the laws of
any jurisdiction other than the state of Missouri;
(10) "Limited liability company", a legal entity that is an unincorporated organization having
two or more members, and that is organized pursuant to or is subject to this chapter;
[(10)] (11) "Manager", with respect to a limited liability company whose articles of
organization state that management of the limited liability company is vested in one or more
managers, the person or persons designated, appointed or elected as such in the manner
provided in subsection 2 of section 347.079;
[(11)] (12) "Member", any person that signs in person or by an attorney in fact, or otherwise
is a party to the operating agreement at the time the limited liability company is formed and
is identified as a member in that operating agreement and any person who is subsequently
admitted as a member in a limited liability company in accordance with sections 347.010 to
347.187 and the operating agreement, until such time as an event of withdrawal occurs with
respect to such person;
[(12)] (13) "Member's interest", a member's share of the profits and losses of a limited
liability company and the right to receive distributions of limited liability company assets;
[(13)] (14) "Operating agreement", any valid agreement or agreements, written or oral, among
all members, concerning the conduct of the business and affairs of the limited liability
company and the relative rights, duties and obligations of the members and managers, if any;
[(14)] (15) "Organizer", any of the signers of the initial articles of organization;
[(15)] (16) "Person" includes individuals, partnerships, domestic or foreign limited
partnerships, domestic or foreign limited liability companies, domestic or foreign
corporations, trusts, business trusts, employee stock ownership trusts, real estate investment
trusts, estates and other associations or business entities or any other legal entity;
[(16)] (17) "Real property" includes land, any interest, leasehold or estate in land and any
improvements thereon;
[(17)] (18) "Secretary", the secretary of state for the state of Missouri and its delegates
responsible for the administration of sections 347.010 to 347.187;
[(18)] (19) "Surviving entity", the surviving or resulting person pursuant to a merger or
consolidation in which one or more domestic limited liability companies are parties. "; and
Further amend the title and the enacting clause accordingly.
On motion of Representative Hegeman, House Amendment No. 6 was adopted.
On motion of Representative May (108), HS SB 783, as amended, was adopted.
On motion of Representative May (108), HS SB 783, as amended, was read the
third time and passed by the following vote:
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Daniel 42 Daniels 41 Davis
Days Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Froelker Garnett
Gaskill Gibbons Goward Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Long Loudon
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Neill O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford Reynolds Richardson Ridgeway
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Sears 1 Secrest
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Sombart Stokan Stoll Summers
Surface Tate Thomason 163 Treadway Troupe
Van Zandt Vogel Wannenmacher Whiteside Wieland
Wiggins Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 011
Crump 152 Donovan Dougherty Hickey Lograsso
Luetkenhaus Ribaudo Steen Thompson 37 Ward
Williams 121
VACANCY: 002
Representative Smith declared the bill passed.
On motion of Representative Klumb, title to the bill was agreed to.
Representative Relford moved that the vote by which the bill passed be
reconsidered.
Representative Pauley moved that motion lay on the table.
The latter motion prevailed.
The Speaker resumed the Chair.
SIGNING OF SENATE BILLS
All other business of the House was suspended while SS SCS SB 507, HCS SS SCS
SB 494, HCS SCS #2 SB 860 and SCS SB 677 were read at length and, there being
no objection, were signed by the Speaker to the end that the same may become
law.
SIGNING OF HOUSE BILL
All other business of the House was suspended while HB 1473 was read at length
and, there being no objection, was signed by the Speaker to the end that the
same may become law.
Having been duly signed in open session of the Senate, HB 1473 was delivered
to the Governor by the Chief Clerk of the House.
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like
committee from the Senate on the following bill:
HS HB 832: Representatives Montgomery, Luetkenhaus, Pauley, Hartzler (123)
and Richardson.
Representative Smith resumed the Chair.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SA 1
and SA 2 to HS HB 832 and grants the House a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HCS SB 676 and has
taken up and passed SB 676, as amended by the CCR.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HCS SS SCS SB 795,
542 & 563, as amended and has taken up and passed HCS SS SCS SB 795, 542 &
563, as amended.
THIRD READING OF SENATE BILL
SB 898, relating to revolving credit, was taken up by Representative Elliott.
Representative Harlan offered House Amendment No. 1.
House Amendment No. 1
AMEND Senate Bill No. 898, page 1, section A, line 3, by inserting immediately after said line
the following:
"364.120. 1. A premium finance company shall not charge, contract for, receive, or collect any
interest or discount charge other than as permitted by sections 364.100 to 364.160.
2. The interest or discount is to be computed on the balance of the premiums due, after
subtracting the down payment made by the insured in accordance with the premium finance
agreement, from the effective date of the insurance contract, for which the premiums are being
advanced, to and including the date when the final installment of the premium finance
agreement is payable.
3. The interest or discount shall be a maximum of fifteen dollars per one hundred dollars per
year, which shall be computed as a fifteen percent add-on interest rate, plus an additional
service charge of ten dollars per premium finance agreement which need not be refunded on
cancellation or prepayment; except that, if the insurance premiums being financed are for
other than personal, family or household purposes, the parties to the premium finance
agreement may agree to any rate of interest which shall be stated in the premium finance
agreement. The interest or discount permitted by this subsection anticipates timely repayment
in consecutive monthly installments equal in amount for a period of one year. For repayment in
greater or lesser periods or in unequal, irregular, or other than monthly installments, the
interest or discount may be computed at an equivalent effective rate having due regard for the
timely payments of installments.
4. Notwithstanding the provisions of any premium finance agreement, any insured may prepay the
obligation in full at any time and shall receive a refund credit [, which shall represent at
least as great a proportion of the interest or discount as the sum of the periodic balances,
after the month in which prepayment is made, bears to the sum of all periodic balances under
the schedule of installments in the agreement; except that, if the initial term of the
contract is greater than sixty-one months, the interest earned shall be computed to the date
of prepayment on the basis of the rate of interest originally contracted for computed on the
actual unpaid principal balances for the time actually outstanding. Where the amount of the
refund credit is less than one dollar, no refund need be made]. The amount of the refund shall
be calculated by the actuarial method of calculating refunds and no more interest shall be
retained than is actually earned.
365.140. Notwithstanding the provisions of any retail installment contract to the contrary
any buyer may prepay in full, whether by payment in cash, extension or renewal, at any time
before maturity the debt of any retail installment contract and on so paying the debt shall
receive a refund credit thereon for the anticipation of payment. The amount of the refund
shall [represent at least as great a proportion of the time price differential as the sum of
the monthly time balances beginning one month after prepayment is made bears to the sum of all
the monthly time balances under the schedule of payment in the contract after deducting from
the refund an acquisition cost of fifteen dollars; except that, if the initial term of the
contract is greater than sixty-one months, the amount of the time price differential earned
shall be computed to the date of prepayment on the basis of the rate originally contracted for
on the actual unpaid time balances for the time actually outstanding. Any insurance obviated
by reason of prepayment shall be canceled by the holder and any refund of premiums received by
the holder shall be treated in accordance with the provisions of subsection 2 of section
365.080. Where the amount of credit is less than one dollar no refund need be made] be
calculated by the actuarial method. The lender shall not retain more interest than actually
earned whenever a retail installment contract is prepaid. Any insurance rendered unnecessary
by reason of prepayment shall be cancelled by the holder and any refund of premiums received
by the holder shall be treated in accordance with the provisions of subsection 2 of section
365.080.
385.050. 1. Any insurer may revise its schedules of premium rates from time to time and shall
file the revised schedules with the director. No insurer shall issue any credit life insurance
policy or credit accident and sickness insurance policy for which the premium rate exceeds
that determined by the schedules of the insurer as then approved by the director.
2. Each individual policy or group certificate shall provide that in the event of termination
of the insurance prior to the scheduled maturity date of the indebtedness, any refund of an
amount paid by the debtor for insurance shall be paid or credited promptly to the person
entitled thereto; provided, however, that no refund of less than one dollar need be made. The
formula to be used in computing the refund shall be the ["sum of the digits" formula with
respect to decreasing term credit life insurance and credit accident and sickness insurance,
and the pro rata unearned gross premium with respect to level term credit life insurance]
actuarial method of calculating refunds and no more interest shall be retained than is
actually earned.
3. If a creditor requires a debtor to make any payment for credit life insurance or credit
accident and sickness insurance and an individual policy or group certificate of insurance is
not issued, the creditor shall immediately give written notice to the debtor and shall
promptly make an appropriate credit to the account.
4. The amount charged to a debtor for any credit life or credit accident and sickness
insurance shall not exceed the premiums charged by the insurer, as computed at the time the
charge to the debtor is determined.
5. Nothing in sections 385.010 to 385.080 shall be construed to authorize any payments for
insurance now prohibited under any statute, or rule thereunder, governing credit transactions.
408.083. Notwithstanding any other provision of law to the contrary, all credit contracts
with interest or time price differential calculated on an add-on basis entered into after
August [13, 1988, with an initial term greater than sixty-one months] 28, 1996, the proceeds
of which are used for personal, family or household purposes, shall provide that the amount of
interest or time price differential earned upon prepayment in full will be computed on the
basis of the rate or rate formula originally contracted for on the actual unpaid principal
balances for the time actually outstanding.
408.170. [ 1.] If a note or loan contract providing for amount of interest, added to the
principal of the loan is prepaid in full (by cash, renewal, or refinancing) [one month or more
before the final installment date, the lender shall either:
(1) Recompute the amount of interest earned to the date of prepayment in full on the basis of
the rate of interest originally contracted for computed on the actual unpaid principal
balances for the time actually outstanding; or
(2) If the initial term of the contract is sixty-one months or less, give a refund of a
portion of the amount of interest originally contracted for which shall be computed as
follows: The amount of the refund shall be at least as great a proportion of such amount of
interest as the sum of the full monthly balances of the contract scheduled to follow the
installment date after the date of prepayment in full bears to the sum of all the monthly
balances of the contract, both sums to be determined according to the payment schedule
provided by the contract; except that, if prepayment in full occurs during the first
installment period, interest shall be recomputed and charged only for the actual number of
days elapsed. When the period before the first installment is more or less than one month, the
portion of the interest earned for such period shall be determined by counting each day in
such period as one-thirtieth of a month and one three hundred and sixtieth of a year.
2. No refund shall be required for any partial prepayment.
3. The word "refund" as used herein shall mean a credit or deduction from the amount of
interest originally contracted for] at any time, the buyer shall receive a refund which shall
be calculated by the actuarial method. The lender shall not retain more interest than is
actually earned whenever a note or loan contract is prepaid."; and
Further amend said bill, page 3, section 408.300, line 60, by inserting immediately after said
line the following:
"408.320. Notwithstanding the provisions of any retail time contract to the contrary, any
buyer may prepay in full at any time before maturity the debt of any retail time contract and
on so paying such debt shall receive a refund credit thereof for such anticipation of
payments. The amount of such refund shall [represent at least as great a proportion of the
time charge as the sum of the monthly time balances, beginning one month after prepayment is
made, bears to the sum of all the monthly time balances under the schedule of payments in the
contract after deducting from such refund an acquisition cost of twelve dollars; except that,
if the initial term of the contract is greater than sixty-one months, the amount of time
charge earned shall be computed to the date of prepayment on the basis of the rate originally
contracted for computed on the actual unpaid time balances for the time actually outstanding.
Any insurance obviated by reason of prepayment shall be canceled by the holder and any refund
of premiums received by the holder shall be treated in accordance with the provisions of
subsection 5 of section 408.280. Where the amount of credit is less than one dollar no refund
need be made] be calculated by the actuarial method. The lender shall not retain more interest
than is actually earned whenever a retail time contract is prepaid."; and
Further amend the title and enacting clause accordingly.
Representative Harlan moved that House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 054
Auer Backer Barry 100 Bland Boucher
Bray 84 Canuteson Carter Crum 112 Daniel 42
Daniels 41 Davis Days Edwards-Pavia Farmer
Farnen Fitzwater Franklin Garnett Green
Gunn Harlan Hoppe Hosmer Kelly 27
Klumb Kreider Lakin Lumpe May 108
McBride McLuckie Morgan Murray 69 O'Connor
Overschmidt Pauley Relford Reynolds Scheve
Schilling Sears 1 Shear 83 Sheldon 104 Skaggs
Smith Stokan Tate Thompson 37 Treadway
Van Zandt Wiggins Williams 121 Witt
NOES: 097
Alter Ballard Barnett 4 Bartelsmeyer Bennett 15
Boatright Bonner Broach Brown Burton
Champion Childers Chrismer Cierpiot Clayton
Cooper Copeland Donovan Elliott Enz
Evans Fiebelman Foley Ford Foster
Froelker Gaskill Gibbons Goward Graham
Gratz Griesheimer Gross Hagan-Harrell Hall
Hand Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hohulin Howerton Kasten Kauffman
Keeven Kelley 47 Kissell Koller Leake
Legan Levin Liese Linton Lograsso
Long Loudon Luetkenhaus Marble Marshall 26
Marshall 133 Mays 50 McClelland Montgomery Murphy
Murray 135 Naeger Nordwald O'Neill O'Toole
Oetting Ostmann Pouche Prost Pryor
Richardson Ridgeway Robirds Ross Sallee
Schwab Scott Secrest Shelton 57 Shields
Sombart Steen Stoll Summers Surface
Thomason 163 Vogel Wannenmacher Whiteside Wieland
Williams 159 Wooten
PRESENT: 000
ABSENT WITH LEAVE: 010
Akin Crump 152 Dougherty Hickey Jacob
Ribaudo Rizzo Troupe Ward Mr. Speaker
VACANCY: 002
On motion of Representative Elliott, SB 898 was truly agreed to and finally
passed by the following vote:
Seventy-first Day-Thursday, May 9, 1996
AYES: 130
Akin Alter Auer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Crum 112 Daniel 42 Daniels 41 Davis Donovan
Edwards-Pavia Elliott Enz Evans Farmer
Farnen Fiebelman Foley Ford Foster
Froelker Garnett Gaskill Gibbons Goward
Graham Gratz Green Griesheimer Gross
Gunn Hagan-Harrell Hall Hand Hartzler 123
Heckemeyer Hegeman Hendrickson Hohulin Hoppe
Howerton Jacob Kasten Kauffman Keeven
Kelley 47 Kelly 27 Kissell Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Loudon Luetkenhaus Lumpe
Marble Marshall 26 Marshall 133 Mays 50 McClelland
Montgomery Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Ostmann Overschmidt
Pouche Prost Pryor Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Sheldon 104 Shelton 57 Shields
Skaggs Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Vogel Wannenmacher Whiteside
Wieland Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 023
Backer Bland Bonner Boucher Bray 84
Days Fitzwater Franklin Harlan Hartzler 124
Hosmer Klumb May 108 McBride McLuckie
Morgan O'Neill Oetting Shear 83 Thompson 37
Van Zandt Wiggins Witt
PRESENT: 000
ABSENT WITH LEAVE: 008
Copeland Crump 152 Dougherty Hickey Long
Pauley Ribaudo Ward
VACANCY: 002
Representative Smith declared the bill passed.
On motion of Representative Overschmidt, title to the bill was agreed to.
Representative O'Toole moved that the vote by which the bill passed be
reconsidered.
Representative Morgan moved that motion lay on the table.
The latter motion prevailed.
Speaker Pro Tem Daniels assumed the Chair.
BILL IN CONFERENCE
CCR #4 HCS SS SB 687, as amended, relating to special school district, was
taken up by Representative Lumpe.
On motion of Representative Lumpe, CCR # 4 HCS SS SB 687, as amended, was
adopted by the following vote:
AYES: 130
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bray 84 Broach Brown Burton Canuteson
Carter Champion Childers Chrismer Cierpiot
Cooper Copeland Crump 152 Daniel 42 Daniels 41
Days Donovan Elliott Enz Evans
Farmer Fiebelman Ford Foster Froelker
Garnett Gaskill Gibbons Goward Graham
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Klumb Koller Lakin
Leake Legan Levin Linton Lograsso
Long Loudon Luetkenhaus Lumpe Marble
Marshall 26 Marshall 133 Mays 50 McBride McClelland
McLuckie Montgomery Morgan Murphy Murray 135
Naeger Nordwald Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Secrest Shear 83 Shelton 57 Shields Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Tate Thomason 163 Troupe
Van Zandt Vogel Wannenmacher Whiteside Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 023
Auer Bonner Clayton Crum 112 Davis
Edwards-Pavia Farnen Fitzwater Foley Franklin
Gratz Kissell Kreider Liese May 108
Murray 69 O'Connor O'Neill O'Toole Reynolds
Sheldon 104 Treadway Wieland
PRESENT: 000
ABSENT WITH LEAVE: 008
Boucher Dougherty Hickey Kelly 27 Ribaudo
Sears 1 Thompson 37 Ward
VACANCY: 002
On motion of Representative Lumpe, CCS # 4 HCS SS SB 687 was truly agreed to
and finally passed by the following vote:
AYES: 130
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Cooper Copeland Crump 152 Daniel 42
Daniels 41 Days Donovan Elliott Enz
Evans Farmer Fiebelman Ford Foster
Froelker Garnett Gaskill Gibbons Goward
Graham Green Griesheimer Gross Gunn
Hagan-Harrell Hall Hand Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelley 47 Klumb Koller
Lakin Leake Legan Levin Linton
Long Loudon Lumpe Marble Marshall 26
Marshall 133 Mays 50 McBride McClelland McLuckie
Montgomery Morgan Murphy Murray 135 Naeger
Nordwald O'Connor Oetting Ostmann Pauley
Pouche Prost Pryor Relford Richardson
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Secrest
Shear 83 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Summers
Surface Tate Thomason 163 Thompson 37 Troupe
Van Zandt Vogel Wannenmacher Whiteside Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 023
Auer Bonner Clayton Crum 112 Davis
Edwards-Pavia Farnen Fitzwater Foley Franklin
Gratz Kissell Kreider Liese May 108
Murray 69 O'Neill O'Toole Reynolds Sears 1
Sheldon 104 Treadway Wieland
PRESENT: 000
ABSENT WITH LEAVE: 008
Dougherty Hickey Kelly 27 Lograsso Luetkenhaus
Overschmidt Ribaudo Ward
VACANCY: 002
Speaker Pro Tem Daniels declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 126
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Cooper Copeland Crump 152 Daniel 42
Daniels 41 Days Donovan Elliott Enz
Evans Fiebelman Ford Foster Froelker
Garnett Gaskill Gibbons Goward Graham
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelley 47 Kelly 27 Klumb Koller Lakin
Leake Levin Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 Mays 50 McBride McClelland McLuckie
Montgomery Morgan Murphy Murray 135 Nordwald
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford Richardson Ridgeway
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Secrest Shear 83 Shelton 57
Skaggs Smith Sombart Stokan Stoll
Summers Surface Tate Thomason 163 Thompson 37
Troupe Van Zandt Vogel Wannenmacher Whiteside
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 024
Auer Bonner Clayton Crum 112 Davis
Edwards-Pavia Farnen Foley Franklin Gratz
Hohulin Kissell Liese May 108 Murray 69
O'Connor O'Neill O'Toole Reynolds Sears 1
Sheldon 104 Steen Treadway Wieland
PRESENT: 001
Fitzwater
ABSENT WITH LEAVE: 010
Dougherty Farmer Hickey Kreider Legan
Naeger Ribaudo Scott Shields Ward
VACANCY: 002
On motion of Representative Morgan, title to the bill was agreed to.
Representative Montgomery moved that the vote by which the bill passed be
reconsidered.
Representative McBride moved that motion lay on the table.
The latter motion prevailed.
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 HB 905, entitled:
An act to create chapter 617, RSMo, by enacting six new sections relating to
the creation of a department of aging, with a contingent effective date.
With Senate Committee Amendment No. 1, Senate Amendment No. 1, and Senate
Amendment No. 2.
Senate Committee Amendment No. 1
Amend House Bill No. 905, Page 1, Section 617.001, Line 7 by striking "617.007" and inserting
in lieu thereof the following: "617.009"; and
Further amend said bill and section, page 2, line 13, by inserting immediately after "RSMo."
the following: "All terms and conditions of employment in and employees of the division of
aging shall be applicable to employment in and employees of the department of aging."; and
Further amend said bill, page 2, section 617.007, line 4, by striking the word "people" and
inserting in lieu thereof the words "full-time employees".
Seventy-first Day-Thursday, May 9, 1996
Senate Amendment No. 1
Amend House Bill No. 905, Page 2, Section 617.001, Line 13 by inserting immediately after
"RSMo." the following: "Appropriations for the department of aging shall be determined in the
same appropriations bill as the department of social services."; and
Further amend said bill, page 2, section 617.007, lines 4-5, by striking all of said lines
after "people."; and
Further amend said section, line 8, by striking the following words "not be considered in the
total staff"; and inserting in lieu thereof, the following: " be appropriate additions to the
staff"; and further amend line 8, by striking the word "people" and inserting in lieu of the
following: "full-time employees. Full-time employees approved by fiscal note prior to August
28, 1996, are appropriate additions to the staff number limit of seven hundred and twenty-five
full-time employees.".
Senate Amendment No. 2
Amend House Bill No. 905, Page 1, Section Title, Lines 2-3 by striking all of said lines and
inserting in lieu thereof, the following: "To repeal sections 197.305 and 344.030, RSMo 1994,
relating to the care of the elderly, and to enact in lieu thereof nine new sections relating
to the same subject, with a contingent effective date for certain sections."; and
Further amend said bill, page 1, Section A, lines 1-2, by striking all of said lines and
inserting in lieu thereof the following:
"Section A. Sections 197.305 and 344.030, RSMo 1994, and section 197.316, RSMo Supp. 1995, are
repealed and nine new sections enacted in lieu thereof, to be known as sections 197.305,
197.316, 344.030, 617.001, 617.002, 617.003, 617.005, 617.007 and 617.009, to read as follows:
197.305. As used in sections 197.300 to 197.365, the following terms mean:
(1) "Affected persons", the person proposing the development of a new health care service, the
public to be served, the health systems agency and health care facilities within the service
area in which the proposed new health care service is to be developed;
(2) "Agency", the state health planning and development agency of the Missouri department of
health;
(3) "Capital expenditure", an expenditure by or on behalf of a health care facility which,
under generally accepted accounting principles, is not properly chargeable as an expense ofity which,
operation and maintenance;
(4) "Certificate of need", a written certificate issued by the committee setting forth the
committee's affirmative finding that a proposed project sufficiently satisfies the criteria
prescribed for such projects by sections 197.300 to 197.365;
(5) "Develop", to undertake those activities which on their completion will result in the
offering of a new institutional health service or the incurring of a financial obligation in
relation to the offering of such a service;
(6) "Expenditure minimum", six hundred thousand dollars in the case of capital expenditures,
or four hundred thousand dollars in the case of major medical equipment and new institutional
health services as described in subdivision (11), paragraphs (a), (b), (c), (d), (e), (f), and
(g), unless such sum exceeds federal regulations;
(7) "Health care facilities", hospitals, health maintenance organizations, tuberculosis
hospitals, psychiatric hospitals, professional nursing facilities, practical nursing
facilities, residential care facilities I and II, kidney disease treatment centers, including
free standing hemodialysis units, and ambulatory surgical facilities, but excluding the
private offices of physicians, dentists and other practitioners of the healing arts, and
Christian Science sanatoriums [operated or], also known as Christian Science Nursing
facilities listed and certified by [the First Church of Christ, Scientist, Boston,
Massachusetts,] the Commission for Accreditation of Christian Science Nursing
Organization/Facilities, Inc., and facilities of not for profit corporations in existence on
October 1, 1980, subject either to the provisions and regulations of section 302 of the
Labor-Management Relations Act, 29 U.S.C. 186 or the Labor-Management Reporting and Disclosure
Act, 29 U.S.C. 401-538, and any residential care facility I or residential care facility II
[operated by a religious organization qualified under section 501(c)(3) of the federal
Internal Revenue Code, as amended,] which does not require the expenditure of public funds for
purchase or operation[, with a total licensed bed capacity of one hundred beds or fewer];
(8) "Health service area", a geographic region appropriate for the effective planning and
development of health services, determined on the basis of factors including population and
the availability of resources, consisting of a population of not less than five hundred
thousand or more than three million;
(9) "Health systems agency", a regional health planning agency established pursuant to PL
93-641 and, after December 31, 1981, in accordance with section 1512(b)(1)(B) thereof;
(10) "Major medical equipment", medical equipment used for the provision of medical and other
health services;
(11) "New institutional health service":
(a) The development of a new health care facility;
(b) The acquisition, including acquisition by lease, of any health care facility, or major
medical equipment costing in excess of the expenditure minimum;
(c) Any capital expenditure by or on behalf of a health care facility in excess of the
expenditure minimum;
(d) Predevelopment activities as defined in subdivision (14) hereof costing in excess of one
hundred fifty thousand dollars;
(e) Any change in licensed bed capacity of a health care facility which increases the total
number of beds by more than ten or more than ten percent of total bed capacity, whichever is
less, over a two-year period;
(f) Health services, excluding home health services, which are offered in a health care
facility and which were not offered on a regular basis in such health care facility within the
twelve-month period prior to the time such services would be offered;
(g) A reallocation by an existing health care facility of licensed beds among major types of
service or reallocation of licensed beds from one physical facility or site to another by more
than ten beds or more than ten percent of total licensed bed capacity, whichever is less, over
a two-year period;
(12) "Nonsubstantive projects", projects which do not involve the addition, replacement,
modernization or conversion of beds or the provision of a new health service but which include
a capital expenditure which exceeds the expenditure minimum and are due to an act of God or a
normal consequence of maintaining health care services, facility or equipment;
(13) "Person", any individual, trust, estate, partnership, corporation, including associations
and joint stock companies, state or political subdivision or instrumentality thereof,
including a municipal corporation;
(14) "Predevelopment activities", expenditures for architectural designs, plans, working
drawings and specifications, and any arrangement or commitment made for financing; but
excluding submission of an application for a certificate of need.
344.030. 1. An applicant for an initial license shall file a completed application with the
board on a form provided by the board, accompanied by an application fee of one hundred
dollars payable to the director of revenue. Information provided in the application shall be
given under oath subject to the penalties for making a false affidavit.
2. No initial license shall be issued to a person as a nursing home administrator unless:
(1) The applicant provides the board satisfactory proof that [he] the applicant is twenty-one
years of age or over, of good moral character and a high school graduate or equivalent;
(2) The applicant provides the board satisfactory proof that [he] the applicant has had a
minimum of three years' experience in health care administration or two years of postsecondary
education in health care administration or has satisfactorily completed a course of
instruction and training prescribed by the board, which includes instruction in the needs
properly to be served by nursing homes, the protection of the interests of residents therein,
and the elements of good nursing home administration, or has presented evidence satisfactory
to the board of sufficient education, training, or experience in the foregoing fields to
administer, supervise and manage a nursing home; and
(3) The applicant passes the written examination administered by the board. If an applicant
fails to make a passing grade on the examination [he] the applicant may make application for
reexamination on a form furnished by the board and may be retested at the next regularly
scheduled examination. If an applicant fails the examination a third time, [he] the applicant
shall be required to complete a course of instruction prescribed and approved by the board
before [he] the applicant may reapply for examination. There shall be a separate,
nonrefundable fee for each examination. The board shall set the amount of the fee for
examination by rules and regulations promulgated pursuant to section 536.021, RSMo. The fee
shall be set at a level to produce revenue which shall not substantially exceed the cost and
expense of administering the examination.
3. The board may issue a license through reciprocity to any person who is regularly licensed
as a nursing home administrator in any other state, territory, or the District of Columbia, if
the regulations for securing such license are equivalent to those required in the state of
Missouri. However, no license by reciprocity shall be issued until the applicant passes a
special examination approved by the board, which will examine the applicant's knowledge of
specific provisions of Missouri statutes and regulations pertaining to nursing homes. The
applicant shall furnish satisfactory evidence that [he] such applicant is of good moral
character and has acted in the capacity of a nursing home administrator in such state,
territory, or the District of Columbia, at least one year after the securing of the license.
The board, in its discretion, may enter into written reciprocal agreements pursuant to this
section with other states which have equivalent laws and regulations.
4. Nothing in sections 344.010 to 344.100, or the rules or regulations thereunder shall be
construed to require an applicant for a license as a nursing home administrator, who is
[certified by a recognized church or religious denomination which teaches reliance on
spiritual means alone for healing, as having been approved] employed by an institution listed
and certified by the Commission for Accreditation of Christian Science Nursing
Organizations/Facilities, Inc. to administer institutions certified by such [church or
denomination] commission for the care and treatment of the sick in accordance with [its
teachings] the creeds or tenets of a recognized church or religious denomination, to
demonstrate proficiency in any techniques or to meet any educational qualifications or
standards not in accord with the remedial care and treatment provided in such institutions.
[His] The applicant's license shall be endorsed to confine [his] the applicant's practice to
such institutions.
5. The board may issue a temporary emergency license for a period not to exceed ninety days to
a person twenty-one years of age or over, of good moral character and a high school graduate
or equivalent to serve as an acting nursing home administrator, provided [he] such person is
replacing a licensed nursing home administrator who has died, has been removed or has vacated
[his] the nursing home administrator's position. No temporary emergency license may be issued
to a person who has had a nursing home administrator's license denied, suspended or revoked.
A temporary emergency license may be renewed for one additional ninety-day period upon a
showing that the person seeking the renewal of a temporary emergency license meets the
qualifications for licensure and has filed an application for a regular license, accompanied
by the application fee, and the examination has not yet been given. No temporary emergency
license may be renewed more than one time."; and
Further amend said bill, page 2, Section B, line 1, by striking the word "This" and inserting
in lieu thereof the following: "Sections 617.001, 617.002, 617.003, 617.005, 617.007 and
617.009 of this".
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SAs 1,
2, 3 & 4 to HCS HB 781 and grants the House a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the President Pro Tem has appointed the following
Conference Committee to act with a like committee from the House on HS HB 832,
as amended: Senators DePasco, McKenna, Staples, Treppler and Bentley.
The Speaker resumed the Chair
THIRD READING OF SENATE BILLS
HCS SB 664, relating to real estate/insurance, was taken up by Representative
Hartzler (123).
Representative Hartzler (123) offered HS HCS SB 664.
Representative Klumb raised a point of order that HS HCS SB 664 goes beyond
the scope of the original bill.
The Chair ruled the point of order well taken.
Representative Klumb raised a point of order that HCS SB 664 goes beyond the
scope of the original bill.
The Chair ruled the point of order well taken.
SB 664 was laid over.
HCS SS SB 560, relating to removal of abandoned property, was taken up by
Representative May (108).
Representative May (108) offered HS HCS SS SB 560.
Representative May (108) offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, Page 43, Section 304.156, Lines 2 through 3 from the top of said page, by deleting
all of said lines and inserting in lieu thereof the following: "section."; and
Further amend said bill, Page 44, Section 304.156, Line 22 from the top of said page, by
deleting the following: "receipt; and" and inserting in lieu thereof the following:
"receipt."; and
Further amend said bill, Page 45, Section 304.156, Lines 1 through 3 from the top of said
page, by deleting all of said lines.
On motion of Representative May (108), House Amendment No. 1 was adopted.
Representative May (108) offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, page 49, section 304.157, line 11, by inserting after the word "officer" the
following:
"pursuant to subdivision 1 of subsection 2 of this section".
On motion of Representative May (108), House Amendment No. 2 was adopted.
Representative O'Toole offered House Amendment No. 3.
Seventy-first Day-Thursday, May 9, 1996
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, Page 29, Section 304.155, Line 1 from the top of said page, by inserting immediately
after the words "this section" the following: "or by ordinance of a county or municipality
licensing and regulating the sale of abandoned property by the municipality".
On motion of Representative O'Toole, House Amendment No. 3 was adopted.
Representative Luetkenhaus offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, page 57, section 304.158, line 13, by striking the "period" after "property" and
inserting a "comma" and the following: "except where the tow and impoundment of the abandoned
property was the result of an arrest or accident whereby the towing company or storage
facility may then demand payment in the form of cash."
On motion of Representative Luetkenhaus, House Amendment No. 4 was adopted by
the following vote:
AYES: 100
Akin Alter Backer Ballard Barnett 4
Bartelsmeyer Bennett 15 Boatright Bonner Broach
Brown Burton Canuteson Champion Childers
Chrismer Cierpiot Cooper Copeland Daniels 41
Donovan Edwards-Pavia Elliott Enz Evans
Fitzwater Foley Ford Foster Franklin
Gaskill Gibbons Graham Gratz Griesheimer
Gross Gunn Hall Hand Harlan
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin
Hoppe Howerton Kasten Kauffman Keeven
Kelley 47 Kissell Kreider Lakin Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Marble Marshall 26 Marshall 133 Mays 50
McClelland Murray 135 Naeger Nordwald O'Connor
Oetting Ostmann Overschmidt Prost Pryor
Richardson Ridgeway Rizzo Robirds Ross
Sallee Schilling Schwab Scott Sears 1
Secrest Shields Skaggs Sombart Steen
Stokan Summers Surface Thomason 163 Troupe
Wannenmacher Wieland Williams 121 Witt Wooten
NOES: 049
Auer Barry 100 Bland Boucher Bray 84
Carter Clayton Crum 112 Crump 152 Daniel 42
Davis Days Farmer Farnen Fiebelman
Garnett Green Hagan-Harrell Heckemeyer Hosmer
Jacob Kelly 27 Klumb Koller Leake
Legan May 108 McBride McLuckie Montgomery
Morgan Murphy Murray 69 O'Toole Pauley
Relford Reynolds Scheve Shear 83 Sheldon 104
Smith Stoll Tate Thompson 37 Treadway
Van Zandt Wiggins Williams 159 Mr. Speaker
PRESENT: 001
Goward
Seventy-first Day-Thursday, May 9, 1996
ABSENT WITH LEAVE: 011
Dougherty Froelker Hickey Lumpe O'Neill
Pouche Ribaudo Shelton 57 Vogel Ward
Whiteside
VACANCY: 002
HCS SB 560, with HS, as amended, pending, was laid over.
CONFERENCE COMMITTEE REPORT
ON HOUSE COMMITTEE SUBSTITUTE
FOR SENATE BILL NO. 676
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Committee Substitute for Senate Bill No. 676,
begs leave to report that we, after free and fair discussion of the
differences between the House and Senate, have agreed to recommend and do
recommend to the respective bodies as follows:
1. That the House recede from its position on House Committee Substitute for
Senate Bill No. 676;
2. That the attached Conference Committee Amendment No. 1 to Senate Bill No.
676 be adopted;
3. That Senate Bill No. 676 with Conference Committee Amendment No. 1 be truly
agreed and finally passed.
FOR THE HOUSE: FOR THE SENATE:
/s/ Phil Smith /s/ Ed Quick
/s/ Jim Sears /s/ Irene Treppler
/s/ Joe Clay Crum /s/ Ronnie DePasco
/s/ Marvin Singleton
/s/ Harold Caskey
Conference Committee Amendment No. 1
AMEND Senate Bill No. 676, Page 1, Section 96.196, Line 1, by inserting after the number
"96.196." the number "1."; and
Further amend said bill, Page 1, Section 96.196, Line 8, by inserting after all of said line
the following:
"2. If a hospital organized pursuant to this chapter accepts appropriated funds from the city
during the twelve months immediately preceding the date that the hospital purchases, operates
or leases it first related facility outside the city boundaries or engages in its first health
care activity outside the city boundaries, the governing body of the city shall approve the
hospital's plan for such purchase, operation or lease prior to implementation of the plan.";
and
Further amend said bill, Page 8, Section 206.157, Line 42, by deleting the word "court" and
inserting in lieu thereof the words "county commission".
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL NO. 811, AS AMENDED
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Bill No. 811, as amended, begs leave to
report that we after free and fair discussion of the differences between the
House and Senate, have agreed to recommend and do recommend to the respective
bodies as follows:
1. That the House recede from its position on House Bill No. 811;
2. That the Senate recede from its position on House Bill No. 811, with Senate
Amendment No. 1, Senate Substitute Amendment No. 1 for Senate Amendment No. 3,
Senate Substitute Amendment No. 1, for Senate Amendment No. 4, and Senate
Amendment No. 5 for House Bill No. 811;
3. That the attached Conference Committee Substitute be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Phil Smith /s/ Joe Moseley
/s/ Glenda Kelly /s/ J. B. Banks
/s/ Cindy Ostmann /s/ Betty Sims
/s/ Patrick Naeger /s/ Harry Wiggins
/s/ Scott Lakin /s/ Marvin Singleton
CONFERENCE COMMITTEE REPORT #2 ON
HOUSE BILL NO. 1010
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee from the Senate on Senate Committee Substitute for House Committee
Substitute for House Bill No. 1010, as amended, begs leave to report that we,
after open, free and fair discussion of the differences between the House and
the Senate, have agreed to recommend and do recommend to the respective bodies
as follows:
That the House recede from its position on Senate Committee Substitute for
House Committee Substitute for House Bill No. 1010, as amended, and that the
Senate recede from its position on House Committee Substitute for House Bill
No. 1010, and the Conference Committee Substitute #2 for House Bill No. 1010,
be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Sheila Lumpe /s/ Mike Lybyer
/s/ Scott Lakin /s/ Harry Wiggins
/s/ Paula Carter /s/ Wayne Goode
Laurie Donovan /s/ Emory Melton
/s/ Charlie Shields /s/ John T. Russell
BILL IN CONFERENCE
CCR # 2 SCS HCS HB 1010, relating to appropriations, was taken up by
Representative Carter.
Representative Carter moved that the Senate grant the House a further
conference on SCS HCS HB 1010.
Which motion was adopted.
THIRD READING OF SENATE BILLS
HCS SS SB 560, as amended, relating to removal of abandoned property, was
again taken up by Representative May (108).
Representative Koller offered House Amendment No. 5.
Representative May (108) raised a point of order that House Amendment No. 5
goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Koller offered House Amendment No. 5.
House Amendment No. 5 was withdrawn.
Representative Smith resumed the Chair.
Representative Kissell offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, page 25, section 304.155, line 22, by striking "twenty-four" and inserting "ten" and
furthermore on page 26, line 6, by striking "twenty-four" and inserting "ten"
Representative Kissell moved that House Amendment No. 5 be adopted.
Which motion was defeated.
Representative Crump (152) offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, Page 1, In the Title, Line 2, by inserting after the number "301.344," the number
"301.566,"; and
Further amend said bill, Page 1, In the Title, Line 3, by deleting the words "the towing of";
and
Further amend said bill, Page 1, In the title, Line 4, by deleting the word "eight" and
inserting in lieu thereof the word "nine"; and
Further amend said bill, Section A, Line 1, by inserting after the number "301.344," the
number "301.566,"; and
Further amend said bill, Section A, Line 2, by deleting the word "eight" and inserting in lieu
thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "301.344,"
the number "301.566,"; and
Further amend said bill, Page 7, Section 301.344, Line 6, by inserting after all of said line
the following:
"301.566. 1. A motor vehicle dealer may participate in any motor vehicle show or sale, and
conduct sales of motor vehicles thereat, away from [his] the dealer's usual, licensed place of
business if the event is conducted for not more than ten days, and if a majority of the motor
vehicle dealers within a class of dealers described pursuant to subsection 3 of section
301.550 in a city or town participate in the event, except that a recreational motor vehicle
dealer classified in subdivision (5) of subsection 3 of section 301.550 may participate in
such a show or sale even if a majority of recreational motor vehicle dealers in a city or town
do not participate in the event. The commission shall consider such events to be proper in all
respects and as if each dealer participant was conducting business at [his] the dealer's usual
business location.
2. A recreational vehicle dealer, as that term is defined in section 700.010, RSMo, who is
licensed in another state may participate in recreational vehicle shows or exhibits with
recreational vehicles within this state, in which less than fifty dealers participate as
exhibitors with permission of the dealer's licensed manufacturer if all of the following
conditions exist:
(1) The show or exhibition has a minimum of ten recreational vehicle dealers licensed as motor
vehicle dealers in this state;
(2) More than fifty percent of the participating recreational vehicle dealers are licensed
motor vehicle dealers in this state; and
(3) The state in which the recreational vehicle is licensed is a state contiguous to Missouri
and the state permits recreational vehicle dealers licensed in Missouri to participate in
recreational vehicle shows in such state pursuant to conditions substantially equivalent to
the conditions which are imposed on dealers from such state who participate in recreational
vehicle shows in Missouri.
3. A recreational vehicle dealer licensed in another state may participate in a vehicle show
or exhibition in Missouri which has, when it opens to the public, at least fifty dealers
displaying recreational vehicles if the show or exhibition is trade-oriented and is
predominantly funded by recreational vehicle manufacturers. All of the participating dealers
who are not licensed in Missouri shall be licensed as recreational vehicle dealers by the
state of their residence.".
Representative May (108) raised a point of order that House Amendment No. 6
goes beyond the scope of the bill.
Representative Smith requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
On motion of Representative Crump (152), House Amendment No. 6 was adopted.
Representative Thompson (37) offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
560, page 20, section 301.344, line 5, by inserting after the word "or" the following: "of any
city with a population of 350,000 inhabitants or more and which is located in more than one
county or"
Representative Thompson (37) moved that House Amendment No. 7 be adopted.
Which motion was defeated.
Representative Ostmann offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, page 41, section 340.156, line 2, by striking the word "or" and insert the word "and"
On motion of Representative Ostmann, House Amendment No. 8 was adopted.
Representative Auer offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, Page 1, In the Title, Line 2, by inserting after the number "301.344,"; and
Further amend said bill, Page 1, In the Title, Line 4, by deleting the word "eight" and
inserting in lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 1, By inserting after the number "301.344,"
the number "301.566,"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "eight" and inserting
in lieu thereof the word "nine"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the number "301.344,"
the number "301.566,"; and
Further amend said bill, Page 7, Section 301.344, Line 6, by inserting after all of said line
the following:
"301.566. 1. A motor vehicle dealer may participate in any motor vehicle show or sale[,] and
conduct sales of motor vehicles [thereat,] away from [his] the dealer's usual, licensed place
of business if either the requirements of subsection 2 of this section are met or the event is
conducted for not more than ten days, and if a majority of the motor vehicle dealers within a
class of dealers described pursuant to subsection 3 of section 301.550 in a city or town
participate or are invited and have the opportunity to participate in the event, except that a
recreational motor vehicle dealer classified in subdivision (5) of subsection 3 of section
301.550 may participate in such a show or sale even if a majority of recreational motor
vehicle dealers in a city or town do not participate in the event. The commission shall
consider such events to be proper in all respects and as if each dealer participant was
conducting business at [his] the dealer's usual business location.
2. Any person, partnership, corporation or association disposing of vehicles used and titled
solely in its ordinary course of business as provided in section 301.570 may sell such
vehicles away from that person's bona fide established place of business, thus constituting an
off-site sale, by adhering to each of the following conditions with regard to each and every
off-site sale conducted:
(1) Have in effect a valid license, pursuant to sections 301.550 to 301.575, from the Missouri
motor vehicle commission for the sale of used motor vehicles;
(2) No off-site sale may exceed ten days in duration, and only one sale may be held per year,
per county, in counties of the third and fourth classification;
(3) Pay to the motor vehicle commission fund, pursuant to section 301.560, a permit fee of two
hundred fifty dollars for each off-site sale event;
(4) Advise the Missouri motor vehicle commission, at least ten days prior to the sale, of the
date, location and duration of each off-site sale;
(5) The sale of vehicles at off-site sales shall be limited to sales by a seller of vehicles
used and titled solely in its ordinary course of business, and such sales shall be held in
conjunction with a credit union and limited to members of the credit union, thus constituting
a private sale to be advertised to members only;
(6) Off-site sales by a seller of vehicles used and titled solely in its ordinary course of
business may also be held in conjunction with other financial institutions provided that any
such sale event shall be held on the premises of the financial institution, and sales shall be
limited to persons who were customers of the financial institution prior to the date of the
sale event. Off-site sales held with such other financial institutions shall be limited to one
sale per year per institution;
(7) The sale of motor vehicles which have the designation of the current model year, except
discontinued models, is prohibited at off-site sales until subsequent model year designated
vehicles of the same manufacture and model are offered for sale to the public.
On motion of Representative Auer, House Amendment No. 9 was adopted.
Representative Nordwald offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, page 20, section 304.001, line 10, by inserting after the word "any" the word
"unattended"; and
On motion of Representative Nordwald, House Amendment No. 10 was adopted.
Representative Hohulin offered House Admendment No. 11.
Representative May (108) raised a point of order that House Amendment No. 11
is not germane to the bill.
Representative Smith requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
Speaker Pro Tem Daniels resumed the Chair.
Representative Barnett offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, page 31, section 304.155, line 6, by inserting immediately after said line the
following:
"7. The Department of Revenue may design and make available to police agencies throughout the
state a uniform "Authorization to Tow" form. The form shall contain lines for time, date,
location, descriptive information of the vehicle, reason for towing, the tow operator and
company and signature of authorizing officer. Cost of the forms will be determined by
Department of Revenue. The completed form shall be issued by the authorizing officer to the
tow operator for that company's records as proof of authorization to tow a particular
vehicle."; and
Further renumber accordingly.;
Further amend said bill, page 48, section 304.157, line 16, by inserting after said line the
following:
"The Department of Revenue may design and make available to police agencies throughout the
state a uniform "Authorization to Tow" form. The form shall contain lines for time, date,
location, descriptive information of the vehicle, reason for towing, the tow operator and
company and signature of authorizing officer. Cost of the forms will be determined by the
Department of Revenue. The completed form shall be issued by the authorizing officer to the
tow operator for that company's records as proof of authorization to tow a particular
vehicle.";
On motion of Representative Barnett, House Amendment No. 11 was adopted.
Representative Montgomery offered House Amendment No. 12.
House Amendment No. 12 was withdrawn.
Representative May (108) offered House Amendment No. 12.
House Amendment No. 12
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
560, page 35, section 304.155, line 15, by inserting immediately after said line the
following:
"11. If a lienholder repossesses any motor vehicle, trailer, all-terrain vehicle, outboard
motor or vessel by having such property towed, then the towing company and the lienholder
shall notify the Missouri state highway patrol of such tow within one hour of the tow being
made and shall further provide the patrol with any additional information the patrol deems
appropriate.".
On motion of Representative May (108), House Amendment No. 12 was adopted.
Representative Hartzler (124) offered House Amendment No. 13.
House Amendment No. 13
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill
No. 560, Page 49, Section 304.157, Subsection 3, line 3 by inserting immediately after line 3,
the following:
"The Dept. of Revenue may design & sell to towing companies informational brochures outlining
owner or leasees of real property obligations pursuant to this section."
On motion of Representative Hartzler (124), House Amendment No. 13 was
adopted.
On motion of Representative May (108) HS HCS SS SB 560, as amended, was
adopted.
On motion of Representative May (108), HS HCS SS SB 560, as amended, was read
the third time and passed by the following vote:
AYES: 106
Auer Backer Barnett 4 Barry 100 Bennett 15
Bonner Boucher Bray 84 Burton Canuteson
Carter Clayton Cooper Copeland Crum 112
Crump 152 Daniels 41 Davis Days Donovan
Edwards-Pavia Enz Farmer Farnen Fiebelman
Fitzwater Foley Ford Franklin Froelker
Garnett Goward Graham Gratz Green
Griesheimer Gunn Hagan-Harrell Hall Hand
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hendrickson
Hoppe Hosmer Jacob Kauffman Kelly 27
Kissell Klumb Koller Kreider Lakin
Leake Legan Levin Liese Long
Loudon Luetkenhaus Lumpe Marshall 26 May 108
Mays 50 McBride McClelland McLuckie Montgomery
Morgan Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Ostmann Overschmidt Pauley
Prost Relford Reynolds Ross Schilling
Sears 1 Shear 83 Sheldon 104 Shelton 57 Skaggs
Smith Stokan Stoll Summers Thomason 163
Treadway Van Zandt Vogel Wannenmacher Wieland
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 045
Akin Alter Ballard Bartelsmeyer Bland
Boatright Broach Brown Champion Childers
Chrismer Cierpiot Daniel 42 Elliott Evans
Foster Gaskill Gibbons Gross Hegeman
Hohulin Howerton Kasten Kelley 47 Linton
Lograsso Marble Marshall 133 Murphy Oetting
Pouche Pryor Richardson Ridgeway Rizzo
Robirds Sallee Schwab Secrest Shields
Sombart Steen Surface Thompson 37 Whiteside
PRESENT: 000
ABSENT WITH LEAVE: 010
Dougherty Hickey Keeven O'Neill Ribaudo
Scheve Scott Tate Troupe Ward
VACANCY: 002
Speaker Pro Tem Daniels declared the bill passed.
On motion of Representative Gratz, title to the bill was agreed to.
Representative Auer moved that the vote by which the bill passed be
reconsidered.
Representative Jacob moved that motion lay on the table.
The latter motion prevailed.
SUPPLEMENTAL CALENDAR
May 9, 1996
SENATE BILLS FOR THIRD READING
HCS SS SCS SB 869, (Budget Fiscal 5-9-96) - Witt
SCS SB 719, HCA 1, (Budget Fiscal 5-9-96) - Lakin
SB 661 - McBride
SB 876, HCA 1 - Bray
SB 787 - Montgomery
SB 500 - Lumpe
HCS SB 634 - Smith
SB 805 - Bland
BILL IN CONFERENCE
CCR # 2 SCS HCS HB 1010, relating to appropriations, was taken up by
Representative Carter.
Representative Carter moved that the Senate grant the House a further
conference on SCS HCS HB 1010 and that conferees be allowed to exceed the
differences.
Which motion was adopted.
THIRD READING OF SENATE BILL
HCS SB 888, relating to sales/use tax, was taken up by Representative Jacob.
Representative Jacob offered HS HCS SB 888.
Representative Jacob offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, Pages 23, 24 &
25, Sections 1 & 2, by deleting all of said sections.
On motion of Representative Jacob, House Amendment No. 1 was adopted.
Representative Jacob offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 14,
section 144.030, line 11 by inserting after the word "plant" the following: "but shall not
include motor vehicles used on highways. For the purposes of this section, the terms "motor
vehicle" and "highway" shall have the same meaning ascribed to them in section 301.010,
RSMo.".
On motion of Representative Jacob, House Amendment No. 2 was adopted.
Representative Gibbons offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 9, section
144.025, line 15, by inserting immediately before the word "allowance" on said line the word
"actual".
On motion of Representative Gibbons, House Amendment No. 3 was adopted.
Representative Witt offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, by adding to
the end of said substitute the following:
"144.070. 1. At the time the owner of any new or used motor vehicle, trailer, boat, or
outboard motor which was acquired in a transaction subject to sales tax under the Missouri
sales tax law makes application to the director of revenue for an official certificate of
title and the registration of the automobile, trailer, boat, or outboard motor as otherwise
provided by law, [he] such owner shall present to the director of revenue evidence
satisfactory to the director of revenue showing the purchase price exclusive of any charge
incident to the extension of credit paid by or charged to the applicant in the acquisition of
the motor vehicle, trailer, boat, or outboard motor, or that no sales tax was incurred in its
acquisition, and if sales tax was incurred in its acquisition, the applicant shall pay or
cause to be paid to the director of revenue the sales tax provided by the Missouri sales tax
law in addition to the registration fees now or hereafter required according to law, and the
director of revenue shall not issue a certificate of title for any new or used motor vehicle,
trailer, boat, or outboard motor subject to sales tax as provided in the Missouri sales tax
law until the tax levied for the sale of the same under sections 144.010 to 144.510 has been
paid as herein provided or is registered under the provisions of subsection 5 of this section.
2. As used above, the term "purchase price" shall mean the total amount of the contract price
agreed upon between the seller and the applicant in the acquisition of the motor vehicle,
trailer, boat, or outboard motor, regardless of the medium of payment therefor.
3. In the event that the purchase price is unknown or undisclosed, or that the evidence
thereof is not satisfactory to the director of revenue, the same shall be fixed by
appraisement by the director.
4. The director of the department of revenue shall endorse upon the official certificate of
title issued by him upon such application an entry showing that such sales tax has been paid
or that the vehicle, trailer, boat, or outboard motor represented by such certificate is
exempt from sales tax and state the ground for such exemption.
5. Any person, company, or corporation engaged in the business of renting or leasing motor
vehicles, trailers, boats, or outboard motors, which are to be used exclusively for rental or
lease purposes, and not for resale, may apply to the director of revenue for authority to
operate as a leasing company. Any company approved by the director of revenue may pay the tax
due on any motor vehicle, trailer, boat, or outboard motor as required in section 144.020 at
the time of registration thereof or in lieu thereof may pay a sales tax as provided in
sections 144.010, 144.020, 144.070 and 144.440. A sales tax shall be charged to and paid by a
leasing company which does not exercise the option of paying in accordance with section
144.020, on the amount charged for each rental or lease agreement while the motor vehicle,
trailer, boat, or outboard motor is domiciled in this state. Any motor vehicle, boat, or
outboard motor which is leased as the result of a contract executed in this state shall be
presumed to be domiciled in this state.
6. Any corporation may have one or more of its divisions separately apply to the director of
revenue for authorization to operate as a leasing company, provided that the corporation:
(1) Has filed a written consent with the director authorizing any of its divisions to apply
for such authority;
(2) Is authorized to do business in Missouri;
(3) [Has agreed to treat any sale of a motor vehicle, trailer, boat, or outboard motor from
one of its divisions to another of its divisions as a sale at retail within the meaning of
subdivision (9) of subsection 1 of section 144.010;
(4)] Has registered under the fictitious name provisions of sections 417.200 to 417.230, RSMo,
each of its divisions doing business in Missouri as a leasing company; and
[(5)] (4) Operates each of its divisions on a basis separate from each of its other divisions.
7. If the owner of any motor vehicle, trailer, boat, or outboard motor desires to charge and
collect sales tax as provided hereinabove, [he] such owner shall make application to the
director of revenue for a permit to operate as a motor vehicle, trailer, boat, or outboard
motor leasing company. The director of revenue shall promulgate rules and regulations
determining the qualifications of such a company, and the method of collection and reporting
of sales tax charged and collected. Such regulations shall apply only to owners of motor
vehicles, trailers, boats, or outboard motors, electing to qualify as motor vehicle, trailer,
boat, or outboard motor leasing companies under the provisions of subsection 5 of this
section, and no motor vehicle renting or leasing, trailer renting or leasing, or boat or
outboard motor renting or leasing company can come under sections 144.010, 144.020, 144.070
and 144.440 unless all vehicles, trailers, boats, and outboard motors held for renting and
leasing are included.".
Further amend the title and enacting clause accordingly.
On motion of Representative Witt, House Amendment No. 4 was adopted.
Representative Schilling offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, In the
Title, Line 2, by inserting after the word "sections" the following: "94.705, 94.745,"; and
Further amend said bill, Page 1, In the Title, Line 5, by deleting the word "six" and
inserting in lieu thereof the following: "eight"; and
Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "Sections" the
following: "94.705, 94.745,"; and
Further amend said bill, Page 1, Section A, Line 3, by deleting the word "six" and inserting
in lieu thereof the following: "eight"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the word "sections" the
following: "94.705, 94.745,"; and
Further amend said bill, Page 1, Section A, Line 4, by inserting after all of said line the
following:
"94.705. 1. Any city may by a majority vote of its governing body impose a sales tax for
transportation purposes enumerated in sections 94.700 to 94.755, [but no such] and issue bonds
for transportation purposes which shall be retired by the revenues received from the sales tax
authorized by this section. The tax authorized by this section shall be in addition to any and
all other sales taxes allowed by law. No ordinance imposing a sales tax pursuant to the
provisions of this section shall become effective unless the council or other governing body
submits to the voters of the city, at a city or state general, primary, or special election, a
proposal to authorize the council or other governing body of the city to impose such a sales
tax and, if such tax is to be used to retire bonds authorized pursuant to this section, to
authorize such bonds and their retirement by such tax; except that no vote shall be required
in any city that imposed and collected such tax under sections 94.600 to 94.655, before
January 5, 1984. The ballot of the submission shall contain, but is not limited to, the
following language:
(1) If the proposal submitted involves only authorization to impose the tax authorized by this
section, the following language:
Shall the city of ............... (city's name) impose a sales tax of ..................
(insert amount) for transportation purposes?
[ ] Yes [ ] No
If you are in favor of the question, place an "X" in the box opposite "Yes". If you are
opposed to the question, place an "X" in the box opposite "No"[.];
(2) If the proposal submitted involves authorization to issue bonds and repay such bonds with
revenues from the tax authorized by this section, the following language:
Shall the city of ............... (city's name) issue bonds in the amount of ...........
(insert amount) for transportation purposes and impose a sales tax of .............. (insert
amount) to repay such bonds?
[ ] YES [ ] NO
If you are in favor of the question place an "X" in the box opposite "Yes". If you are opposed
to the question, place an "X" in the box opposite "No".
If a majority of the votes cast on the proposal, provided in subdivision (1) of this
subsection, by the qualified voters voting thereon are in favor of the proposal, then the
ordinance and any amendments thereto shall be in effect. If the four-sevenths majority of the
votes, as required by the Missouri Constitution, article VI, section 26, cast on the proposal,
provided in subdivision (2) of this subsection to issue bonds and impose a sales tax to retire
such bonds, by the qualified voters voting thereon are in favor of the proposal, then the
ordinance and any amendments thereto shall be in effect. If a majority of the votes cast on
the proposal, as provided in subdivision (1) of this subsection, by the qualified voters
voting are opposed to the proposal, then the council or other governing body of the city shall
have no power to impose the tax [herein] authorized in subdivision (1) of this subsection
unless and until the council or other governing body of the city submits another proposal to
authorize the council or other governing body of the city to impose the tax and such proposal
is approved by a majority of the qualified voters voting thereon. If more than three-sevenths
of the votes cast by the qualified voters voting are opposed to the proposal, as provided in
subdivision (2) of this subsection to issue bonds and impose a sales tax to retire such bonds,
then the council or other governing body of the city shall have no power to issue any bonds or
to impose the tax authorized in subdivision (2) of this subsection unless and until the
council or other governing body of the city submits another proposal to authorize the council
or other governing body of the city to issue such bonds or impose the tax to retire such bonds
and such proposal is approved by four-sevenths of the qualified voters voting thereon.
2. No incorporated municipality located wholly or partially within any first class county
operating under a charter form of government and having a population of over nine hundred
thousand inhabitants shall impose such a sales tax for that part of the city, town or village
that is located within such first class county, in the event such a first class county imposes
a sales tax under the provisions of sections 94.600 to 94.655.
3. The sales tax may be imposed at a rate not to exceed one-half of one percent on the
receipts from the sale at retail of all tangible personal property or taxable services at
retail within any city adopting such tax, if such property and services are subject to
taxation by the state of Missouri under the provisions of sections 144.010 to 144.525, RSMo.
4. If the boundaries of a city in which such sales tax has been imposed shall thereafter be
changed or altered, the city clerk shall forward to the director of revenue by United States
registered mail or certified mail a certified copy of the ordinance adding or detaching
territory from the city. The ordinance shall reflect the effective date thereof, and shall be
accompanied by a map of the city clearly showing the territory added thereto or detached
therefrom. Upon receipt of the ordinance and map, the tax imposed by sections 94.700 to 94.755
shall be effective in the added territory or abolished in the detached territory on the
effective date of the change of the city boundary.
5. No tax imposed pursuant to this section for the purpose of retiring bonds issued pursuant
to this section may be terminated until all of such bonds have been retired.
94.745. 1. All moneys received by a city imposing a sales tax under the provisions of sections
94.700 to 94.755 shall be deposited by the city treasurer, or other city officer authorized by
ordinance, in a special fund to be known as the "City Transportation Trust Fund". All moneys
in such transportation trust fund shall be appropriated and disbursed only for transportation
purposes as enumerated in sections 94.700 to 94.755. The provisions of this subsection shall
apply only to taxes authorized by sections 94.700 to 94.755 which have not been imposed to
retire bonds issued pursuant to sections 94.700 to 94.755.
2. All moneys received by a city which issues bonds pursuant to the provisions of section
94.705 and imposes the tax authorized by such section to retire such bonds shall be deposited
in a special trust fund and shall be used solely to retire such bonds, except to the extent
that such funds are required for the operation and maintenance of the capital improvements
made with the proceeds of the bonds. Once all of such bonds have been retired, all funds
remaining in the special trust fund required by this subsection shall be used solely for
transportation purposes. Any funds in the special trust fund required by this subsection which
are not needed to meet current obligations under the bonds issued pursuant to section 94.705
may be invested by the governing body in accordance with applicable laws relating to the
investment of other municipal funds. The provisions of this subsection shall apply only to
taxes authorized by section 94.705 which have been imposed to retire bonds issued pursuant to
such section.
[2.] 3. Any portion or all of the funds on deposit in a transportation trust fund may be
appropriated and paid by a city directly to an interstate transportation authority, a city
transit authority or a city utilities board for its general purposes in providing a public
mass transportation system within an interstate transportation district or a municipality;
provided that, before such funds may be appropriated and paid to any such interstate
transportation authority, city transit authority or city utilities board with a service area
population in excess of two million persons, such authority or board shall develop, for mutual
agreement, a program of transit service to be provided to the city. Such program shall define
the service to be provided, the fare structure to be in effect, the estimated cost of the
total transit service program of the authority or board, and the estimated cost of the city's
portion of the program. Such agreement shall be renewed prior to the beginning of each fiscal
year and, when such agreement is reached, the city shall appropriate to the authority or board
funds as are designated in the agreement for the period of the agreement. A city may designate
by contract with an interstate transportation authority, a city transit authority or a city
utilities board that a designated portion of such funds shall be used by the interstate
transportation authority, the city transit authority or the city utilities board to provide
specific service or frequency of service to underwrite a certain fare structure, or for any
other purposes consistent with providing a sound public mass transportation system.
[3.] 4. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least
seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that
are appropriated and paid by a city to an interstate transportation authority, a city transit
authority or a city utilities board shall be expended only for the purchase of new public mass
transportation equipment, for the construction of public mass transportation facilities, or
for any other capital expenditures or improvements to the property of the interstate
transportation authority, city transit authority or city utilities board used in providing
public mass transportation service, or to pay the interest or principal payments, or to
satisfy sinking fund requirements on any negotiable notes or bonds or other instruments in
writing issued for any of the above purposes.
[4.] 5. Any provisions of sections 94.700 to 94.755 to the contrary notwithstanding, at least
seven percent of the proceeds of any sales tax imposed under sections 94.700 to 94.755 that
are appropriated and expended by a city for its general purposes in providing a public mass
transportation system directly owned and operated by it shall be expended only for the purpose
of new public mass transportation equipment, for the construction of public mass
transportation facilities, or for any other capital expenditures or improvements to its
properties used in providing public mass transportation service, or to pay the interest or
principal payments, or to satisfy the sinking fund requirements on any negotiable notes or
bonds or other instruments in writing issued for any of the above purposes.
[5.] 6. No funds may be appropriated and paid to any such transportation authority, transit
authority or utilities board, unless and until such authority or board shall file or shall
have filed with the city paying such funds, and the secretary of state of the state of
Missouri, annually and within six months after the close of such authority or board's fiscal
year, an independently audited report and accounting as to such authority or board's
management and administration of any and all funds received and expended by such authority or
board.
[6.] 7. Transportation authorities operating a public mass transportation system under
sections 94.700 to 94.755 shall provide for interior and exterior advertising on each vehicle
for mass transportation purposes.".
On motion of Representative Schilling, House Amendment No. 5 was adopted.
Representative Brown offered House Amendment No. 6.
House Amendment No. 6 was withdrawn.
Representative Scott offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 10,
section 144.025, line 8, by striking out the words "ninety days" and inserting in lieu thereof
the words "one year"; and
Further amend said bill, page 10, section 144.025, line 14, by striking out the words "ninety
days" and inserting in lieu thereof the words "one year"; and
Further amend said bill, page 10, section 144.025, line 18, by striking out the word "ninety-
day" and inserting in lieu thereof the words "one year".
On motion of Representative Scott, House Amendment No. 6 was adopted.
Representative Brown offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 23,
section 144.030, line 19, by inserting after the word "competition" the following:
"(32) All membership fees or annual dues paid to any not-for-profit athletic association"
On motion of Representative Brown, House Amendment No. 7 was adopted.
Representative Tate offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, In the
Title, Lines 2 through 3, by deleting all of said lines and inserting in lieu thereof the
following: "To repeal section 144.025, RSMo 1994, and sections 135.352, 144.010, 144.011 and
144.030, RSMo Supp. 1995, relating to taxes, and to enact in lieu thereof eight new sections";
and
Further amend said bill, Page 1, Section A, Line 1, by inserting after the word "sections" the
following: "135.352,"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "seven" and inserting
in lieu thereof the following: "eight"; and
Further amend said bill, Page 1, Section A, Line 3, by deleting all of said line and inserting
in lieu thereof the following: "sections 135.352, 144.010, 144.011, 144.025, 144.030, 1, 2 and
3, to read as follows:
135.352. 1. A taxpayer owning an interest in a qualified Missouri project shall be allowed a
state tax credit, whether or not allowed a federal tax credit, to be termed the Missouri
low-income housing tax credit, if the commission issues an eligibility statement for that
project.
2. The Missouri low-income housing tax credit available to a project shall be calculated by
multiplying an amount equal to the federal low-income housing tax credit for a qualified
Missouri project, for a federal tax period, by twenty percent and such amount shall be
subtracted from the amount of state tax otherwise due for the same tax period.
3. The Missouri low-income housing tax credit shall be taken against the taxes and in the
order specified under section 32.115, RSMo. The credit authorized by this section shall not be
refundable. Any amount of credit that exceeds the tax due for a taxable year may be carried
back to any of the three prior taxable years or carried forward to any of the five subsequent
taxable years.
4. Notwithstanding the provisions of subsection 2 of this section, for qualified Missouri
projects that are located in counties identified by the state of Missouri as eligible for
disaster relief as a result of the flood of 1993, or in counties immediately adjoining such
counties, and for which federal low-income housing tax credits are allocated in the year of
1994, 1995 [or], 1996, 1997, 1998, 1999 or 2000, or for such longer period as is required to
implement the Missouri comprehensive housing affordability strategy developed pursuant to
section 105 of the Cranston-Gonzalez National Affordable Housing Act for such counties, the
Missouri low-income housing tax credit available to such project shall be calculated by
multiplying an amount equal to the federal low-income housing tax credit for a qualified
Missouri project, for a federal tax period, by forty percent.
5. All or any portion of Missouri tax credits issued in accordance with the provisions of
sections 135.350 to 135.362 may be allocated to parties who are eligible under the provisions
of subsection 1 of this section. Beginning January 1, 1995, for qualified projects which began
on or after January 1, 1994, an owner of a qualified Missouri project shall certify to the
director the amount of credit allocated to each taxpayer. The owner of the project shall
provide to the director appropriate information so that the low-income housing tax credit can
be properly allocated.
6. In the event that recapture of Missouri low-income housing tax credits is required pursuant
to subsection 2 of section 135.355, any statement submitted to the director as provided in
this section shall include the proportion of the state credit required to be recaptured, the
identity of each taxpayer subject to the recapture and the amount of credit previously
allocated to such taxpayer.
7. The director of the department may promulgate rules and regulations necessary to administer
the provisions of this section. 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 section 536.024, RSMo.".
On motion of Representative Tate, House Amendment No. 8 was adopted.
Representative Hartzler (124) offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 10,
section 144.030, line 123, by inserting after the word "crops," the words "all sales of oil
and grease used solely for agricultural purposes".
On motion of Representative Hartzler (124), House Amendment No. 9 was adopted.
Representative Marble offered House Amendment No. 10.
House Amendment No. 10 was withdrawn.
Representative Klumb offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 25,
section 144.030, line 19, by inserting after said line the following:
"144.062. 1. With respect to exempt sales at retail of tangible personal property and
materials for the purpose of constructing, repairing or remodeling facilities for: (1) a
county, other political subdivision or instrumentality thereof exempt from taxation under
subdivision (10) of section 39 of article III of the Constitution of Missouri; or (2) an
organization sales to which are exempt from taxation under the provisions of subdivision (19)
of subsection 2 of section 144.030; or (3) any institution of higher education supported by
public funds or any private not for profit institution of higher education, exempt from
taxation under subdivision (20) of subsection 2 of section 144.030; or (4) any private not for
profit elementary or secondary school exempt from taxation under subdivision (22) of
subsection 2 of section 144.030, hereinafter collectively referred to as exempt entities, such
exemptions shall be allowed for such purchases if the purchases are related to the entities'
exempt functions and activities. In addition, the sales shall not be rendered nonexempt nor
shall any material supplier or contractor, architect or engineer be obligated to pay, collect
or remit sales tax with respect to such purchases made by or on behalf of an exempt entity due
to such purchases being billed to or paid for by a contractor, architect or engineer or the
exempt entity contracting with any entity to render any services in relation to such
purchases, including but not limited to selection of materials, ordering, pickup, delivery,
approval on delivery, taking of delivery, transportation, storage, assumption of risk of loss
to materials or providing warranties on materials as specified by contract, use of materials
or other purchases for construction of the building or other facility, providing labor,
management services, administrative services, design or technical services or advice to the
exempt entity, whether or not the contractor, architect or engineer or other entity exercises
dominion or control in any other manner over the materials in conjunction with services or
labor provided to the exempt entity.
2. When any exempt entity contracts for the purpose of constructing, repairing or remodeling
facilities, and purchases of tangible personal property and materials to be incorporated into
or consumed in the construction of the project are to be made on a tax-exempt basis, such
entity shall furnish to the contractor, architect or engineer an exemption certificate
authorizing such purchases for the construction, repair or remodeling project. The form and
content of such project exemption certificate shall be approved by the director of revenue.
The project exemption certificate shall include but not be limited to:
(1) The exempt entity's name, address, Missouri tax identification number and signature of
authorized representative;
(2) The project location, description, and unique identification number;
(3) The date the contract is entered into, which is the earliest date materials may be
purchased for the project on a tax-exempt basis;
(4) The estimated project completion date; and
(5) The certificate expiration date.
Such certificate is renewable for a given project at the option of the exempt entity, only for
the purpose of revising the certificate expiration date as necessary to complete the project.
3. The contractor, architect or engineer shall furnish the certificate prescribed in
subsection 2 of this section to all subcontractors, and any contractor, architect or engineer
purchasing materials shall present such certificate to all material suppliers as authorization
to purchase, on behalf of the exempt entity, all tangible personal property and materials to
be incorporated into or consumed in the construction of that project and no other on a
tax-exempt basis. Such suppliers shall execute to the purchasing contractor, architect or
engineer invoices bearing the name of the exempt entity and the project identification number.
Nothing in this section shall be deemed to exempt the purchase of any construction machinery,
equipment or tools used in constructing, repairing or remodeling facilities for the exempt
entity. All invoices for all personal property and materials purchased under a project
exemption certificate shall be retained by the purchasing contractor, architect or engineer
for a period of five years and shall be subject to audit by the director of revenue.
4. Any excess resalable tangible personal property or materials which were purchased for the
project by a contractor, architect or engineer under a project exemption certificate but which
were not incorporated into or consumed in the construction of the project shall either be
returned to the supplier for credit or the appropriate sales or use tax on such excess
property or materials shall be reported on a return and paid by such contractor, architect or
engineer not later than the due date of the contractor's, architect's or engineer's Missouri
sales or use tax return following the month in which it was determined that the materials were
not to be used in the project.
5. No contractor, architect or engineer or material supplier shall, upon audit, be required to
pay tax on tangible personal property and materials incorporated into or consumed in the
construction of the project, due to the failure of the exempt entity to revise the certificate
expiration date as necessary to complete any work required by the contract. If it is
determined that tax is owed on such property and materials due to the failure of the exempt
entity to revise such certificate expiration date, the exempt entity shall be liable for the
tax owed.
429.015. 1. Every registered architect or corporation registered to practice architecture,
every registered professional engineer or corporation registered to practice professional
engineering, every registered landscape architect or corporation registered to practice
landscape architecture, every nurseryman, and every registered land surveyor or corporation
registered to practice land surveying, who does any landscape architectural, architectural,
engineering or land surveying work upon or performs any landscape architectural,
architectural, engineering or land surveying service directly connected with the erection or
repair of any building or other improvement upon land under or by virtue of any contract with
the owner or proprietor thereof, or [his] such owner's or proprietor's agent, trustee,
contractor or subcontractor, or without a contract if ordered by a city, town, village or
county having a charter form of government to abate the conditions that caused a structure on
that property to be deemed a dangerous building under local ordinances pursuant to section
67.410, RSMo, upon complying with the provisions of this chapter, shall have for [his] such
person's landscape architectural, architectural, engineering or land surveying work or service
so done or performed, a lien upon the building or other improvements and upon the land
belonging to the owner or proprietor on which the building or improvements are situated, to
the extent of one acre. If the building or other improvement is upon any lot of land in any
town, city or village, then the lien shall be upon such building or other improvements, and
the lot or land upon which the building or other improvements are situated, to secure the
payment for the landscape architectural, architectural, engineering or land surveying work or
service so done or performed. For purposes of this section, a corporation engaged in the
practice of architecture, engineering, landscape architecture, or land surveying, shall be
deemed to be registered if the corporation itself is registered under the laws of this state
to practice architecture, engineering or land surveying, or if any officer thereof, who owns
more than fifty percent of the capital common stock of such corporation, is registered under
the laws of this state as an architect, engineer, landscape architect, or land surveyor, and
such registration of the corporation shall be effective as of the original date of
registration of such principal stockholder.
2. Every mechanic or other person who shall do or perform any work or labor upon or furnish
any material or machinery for the digging of a well to obtain water under or by virtue of any
contract with the owner or proprietor thereof, or [his] such owner's or proprietor's agent,
trustee, contractor or subcontractor, upon complying with the provisions of sections 429.010
to 429.340 shall have for [his] such person's work or labor done, or materials or machinery
furnished, a lien upon the land belonging to such owner or proprietor on which the same are
situated, to the extent of one acre, to secure the payment of such work or labor done, or
materials or machinery furnished as aforesaid.
3. Every mechanic or other person who shall do or perform any work or labor upon, or furnish
any material, fixtures, engine, boiler or machinery, for the purpose of demolishing or razing
a building or structure under or by virtue of any contract with the owner or proprietor
thereof, or [his] such owner's or proprietor's agent, trustee, contractor or subcontractor, or
without a contract if ordered by a city, town, village or county having a charter form of
government to abate the conditions that caused a structure on that property to be deemed a
dangerous building under local ordinances pursuant to section 67.410, RSMo, upon complying
with the provisions of sections 429.010 to 429.340, shall have for [his] such person's work or
labor done, or materials, fixtures, engine, boiler or machinery furnished, a lien upon the
land belonging to such owner or proprietor on which the same are situated, to the extent of
one acre. If the building or buildings to be demolished or razed are upon any lot of land in
any town, city or village, then the lien shall be upon the lot or lots or land upon which the
building or other improvements are situated, to secure the payment for the labor and materials
performed.
4. The provisions of sections 429.030 to 429.060 and sections 429.080 to 429.430 applicable to
liens of mechanics and other persons shall apply to and govern the procedure with respect to
the liens provided for in subsections 1, 2 and 3 of this section.
5. Any design professional or corporation authorized to have lien rights under subsection 1 of
this section shall have a lien upon the building or other improvement and upon the land,
whether or not actual construction of the planned work or improvement has commenced if:
(1) The owner or proprietor thereof, or such owner's or proprietor's agent or trustee
contracted for such professional services directly with the design professional or corporation
asserting the lien;
(2) The owner or proprietor is the owner or proprietor of such real property either at the
time the contract is made or at the time the lien is filed; and
(3) The design professional or corporation files with the recorder of deeds in the county
where the property is located a notice of intent to lien listing the name and address of the
claimant, the name and address of the person with whom the claimant contracted, the amount
owed, the address or legal description, if known, of the property, and the last date of
services performed by the claimant's last work on the property. The recorder of deeds may
charge a fee of one dollar for each notice filed and recorded pursuant to this subdivision.
The notice described in this subdivision shall not be required if actual construction of
improvements begins within three months from the date the claimant completed the claimant's
work on the property.
6. If such property is purchased by a bona fide purchaser before a notice of intent to lien is
recorded, the purchaser may take the property free of any such lien unless construction
commences within six months of the design professional's last work related to improvement of
the property.
7. Priority between such lien claimant and any other mechanic's lien claimant shall be
determined pursuant to the provisions of section 429.260 on a pro rata basis."; and
Further amend said bill by amending the title and enacting clause accordingly.
On motion of Representative Klumb, House Amendment No. 10 was adopted.
Representative Hartzler (124) offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 10,
section 144.025, line 21, by inserting after said line the following:
As used in this section, the term "motor vehicle" includes motor vehicles as defined in
section 301.010, RSMo, recreational vehicles as defined in section 700.010, RSMo, or a
combination of a truck as defined in section 301.010, RSMo, and a trailer as defined in
section 301.010, RSMo.; and
Further amend said bill by renumbering the remainder of section 144.025.
On motion of Representative Hartzler (124), House Amendment No. 11 was
adopted.
Representative Marble offered House Amendment No. 12.
House Amendment No. 12
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 19,
section 144.030, line 14, by inserting after the word "tractors" the following: ", post hole
diggers,"
On motion of Representative Marble, House Amendment No. 12 was adopted by the
following vote.
AYES: 128
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Boucher Broach Brown Burton Canuteson
Champion Childers Chrismer Cierpiot Clayton
Cooper Copeland Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Donovan Edwards-Pavia Elliott
Enz Evans Farnen Fiebelman Fitzwater
Foley Ford Foster Froelker Garnett
Gaskill Gibbons Goward Graham Gratz
Griesheimer Gross Gunn Hall Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson
Hohulin Hoppe Hosmer Howerton Jacob
Kasten Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Marble Marshall 26 Marshall 133
Mays 50 McBride McLuckie Montgomery Morgan
Naeger Nordwald O'Connor Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Relford Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schwab
Scott Sears 1 Secrest Sheldon 104 Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Thomason 163 Troupe Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Wooten Mr. Speaker
NOES: 022
Auer Bland Bray 84 Carter Days
Farmer Franklin Green Hagan-Harrell Hand
Kauffman Lumpe McClelland Murphy Murray 69
Murray 135 O'Toole Schilling Shear 83 Shelton 57
Treadway Van Zandt
PRESENT: 000
ABSENT WITH LEAVE: 011
Dougherty Hickey Keeven May 108 O'Neill
Ribaudo Shields Tate Thompson 37 Ward
Witt
VACANCY: 002
Representative Legan offered House Amendment No. 13.
House Amendment No. 13
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 12,
section 144.030, line 9, by deleting the words "to be sold"; and
Further amend said bill line 13, by deleting the words "ultimately" in processed form or
otherwise at retail"
On motion of Representative Legan, House Amendment No. 13 was adopted.
Representative Wiggins offered House Amendment No. 14.
House Amendment No. 14 was withdrawn.
Representative Ballard offered House Amendment No. 14.
House Amendment No. 14
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 19,
section 144.030, line 8, by inserting after the word "crops," the following: "single purpose
agricultural structures and structure materials".
Representative Gibbons offered House Amendment No. 15.
Representative Ballard moved that House Amendment No. 14 be adopted.
Which motion was defeated.
House Amendment No. 15
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, Page 13,
Section 144.030, Line 19 by placing an open bracket "[" before the word "replaced"; and
Further amend said bill, Page 13, Section 144.030, Line 20 by placing a closing bracket "]"
before the word "purchased".
On motion of Representative Gibbons, House Amendment No. 15 was adopted.
Representative Williams (159) offered House Amendment No. 16.
House Amendment No. 16
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 25,
Section 2, Line 6, by inserting after said line the following:
"476.405. 1. Within the limits of any appropriation made for this purpose, the salary fixed
by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo,
may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed
the salary adjustment for the executive department contained in the pay plan applicable to
other state employees at a similar salary level for that fiscal year. If no salary adjustment
or a lower salary adjustment is granted pursuant to this section than is granted the executive
department in any year, then the salary adjustment granted pursuant to this section in the
next fiscal year may exceed the salary adjustment of the executive department by the amount of
the difference in the prior year.
2. The amount of a salary adjustment to be approved pursuant to this section shall be stated
in a separate line item of the appropriation bill. A salary adjustment approved pursuant to
this section shall be added to the statutory salary and the sum of these amounts shall be the
statutory salary of the office for all purposes. This statutory salary shall be included in
the appropriation bill in the same manner as any other personal service appropriation
involving a statutory salary.
3. The office of administration shall maintain a compensation schedule for each fiscal year
indicating the highest statutory salary paid for each office specified in sections 211.381,
211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, and the salary
adjustment contained in the pay plan applicable to other state employees generally. The
schedule shall be open for public inspection and shall be annually included in the Missouri
Register and an appendix to the Revised Statutes of Missouri. For each office for which a
salary adjustment is approved pursuant to this section, the revisor of statutes shall place a
revisor's note following each section providing compensation for the office referencing the
reader to the compensation index.
483.163. 1. Each circuit clerk, except the circuit clerk in any city not within a county,
shall cooperate with the prosecuting attorney and division of child support enforcement in the
investigation and documentation of possible criminal nonsupport under section 568.040, RSMo,
which involves any case or cases for which the clerk is trustee.
2. Other provisions of law to the contrary notwithstanding, for the performance of duties
prescribed in subsection 1 of this section, each circuit clerk, except the circuit clerk in
any city not within a county, in addition to any other compensation provided by law, shall
receive five thousand dollars per year beginning January 1, 1997. Such compensation shall be
payable in equal installments in the same manner and at the same time as other compensation is
paid to the circuit clerk.
3. For every year beginning July 1, 1998, the amount of compensation established in subsection
2 of this section shall be adjusted by any salary adjustment authorized under section 476.405,
RSMo.
4. If monies are not sufficient to pay the increased compensation as provided in this section,
revenues from applicable local sales taxes may be used."; and
Further amend said bill by amending the title and enacting clause accordingly.
Representative Marshall (133) raised a point of order that House Amendment No.
16 is not germane to the bill.
The Chair ruled the point of order not well taken.
Representative Sears (1) offered House Substitute Amendment No. 1 for House
Amendment No. 16.
House Substitute Amendment No. 1
for
House Amendment No. 16
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 25,
Section 2, Line 6, by inserting after said line the following:
"476.405. 1. Within the limits of any appropriation made for this purpose, the salary fixed
by sections 211.381, 211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo,
may be adjusted in any one year by a salary adjustment. The salary adjustment shall not exceed
the salary adjustment for the executive department contained in the pay plan applicable to
other state employees at a similar salary level for that fiscal year. If no salary adjustment
or a lower salary adjustment is granted pursuant to this section than is granted the executive
department in any year, then the salary adjustment granted pursuant to this section in the
next fiscal year may exceed the salary adjustment of the executive department by the amount of
the difference in the prior year.
2. The amount of a salary adjustment to be approved pursuant to this section shall be stated
in a separate line item of the appropriation bill. A salary adjustment approved pursuant to
this section shall be added to the statutory salary and the sum of these amounts shall be the
statutory salary of the office for all purposes. This statutory salary shall be included in
the appropriation bill in the same manner as any other personal service appropriation
involving a statutory salary.
3. The office of administration shall maintain a compensation schedule for each fiscal year
indicating the highest statutory salary paid for each office specified in sections 211.381,
211.393, 477.130, 478.013, 478.018, 483.083, 483.163, and 485.060, RSMo, and the salary
adjustment contained in the pay plan applicable to other state employees generally. The
schedule shall be open for public inspection and shall be annually included in the Missouri
Register and an appendix to the Revised Statutes of Missouri. For each office for which a
salary adjustment is approved pursuant to this section, the revisor of statutes shall place a
revisor's note following each section providing compensation for the office referencing the
reader to the compensation index.
483.163. 1. Each circuit clerk, except the circuit clerk in any city not within a county,
shall cooperate with the prosecuting attorney and division of child support enforcement in the
investigation and documentation of possible criminal nonsupport under section 568.040, RSMo,
which involves any case or cases for which the clerk is trustee.
2. Other provisions of law to the contrary notwithstanding, for the performance of duties
prescribed in subsection 1 of this section, each circuit clerk, except the circuit clerk in
any city not within a county, in addition to any other compensation provided by law, shall
receive five thousand dollars per year beginning January 1, 1997. Such compensation shall be
payable in equal installments in the same manner and at the same time as other compensation is
paid to the circuit clerk.
3. For every year beginning July 1, 1998, the amount of compensation established in subsection
2 of this section shall be adjusted by any salary adjustment authorized under section 476.405,
RSMo.
4. If monies are not sufficient to pay the increased compensation as provided in this section,
revenues from applicable local sales taxes may be used."; and
Section 1. 1. As used in this section, the term "court personnel" includes all
personnel of allstate courts and all divisions of the courts, including
juvenile, family and municipal division, and clerks, deputy clerks, division
clerks, official court reporters, law clerks and court administrators, but no
including judges.
2. There is hereby established in the state treasury the "State Courts Administration
Revolving Fund". Any money received by or on behalf of the state courts administrator from
registration fees, grants or any other source in connection with the training and education of
court personnel provided pursuant to this section shall be deposited into the fund.
3. The state treasurer shall administer the fund and shall disburse moneys from the fund to
the state courts administrator pursuant to appropriations in order to provide training and
education of court personnel.
4. Any unexpended balance remaining in the fund at the end of each biennium shall be exempt
from the provisions of section 33.080, RSMo, relating to the transfer of unexpended balances
to the general revenue fund, until the amount in the state courts administration revolving
fund exceeds the greater of either one-half of the expenditures form the fund during the
previous year, or fifty thousand dollars."; and
Further amend title and enacting clause accordingly.
Representative Froelker raised a point of order that House Substitute
Amendment No. 1 for House Amendment No. 16 is not germane to the bill.
The Chair ruled the point of order not well taken.
Representative Sears (1) moved that House Substitute Amendment No. 1 for House
Amendment No. 16 be adopted.
Which motion was defeated.
HCS SB 888, with HS, as amended, and House Amendment No. 16, pending, was laid
over.
COMMITTEE REPORTS
Committee on Banks and Financial Institutions, Chairman Copeland reporting:
Mr. Speaker: Your Committee on Banks and Financial Institutions, to which was
referred SB 836, begs leave to report it has examined the same and recommends
that the House Committee Substitute Do Pass.
Committee on Civil and Criminal Law, Chairman Hosmer reporting:
Mr. Speaker: Your Committee on Civil and Criminal Law, to which was referred
SCS SB 514, begs leave to report it has examined the same and recommends that
the House Committee Substitute Do Pass.
Committee on Commerce, Chairman Rizzo reporting:
Mr. Speaker: Your Committee on Commerce, to which was referred SCS SB 524,
begs leave to report it has examined the same and recommends that it Do Pass
with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Committee Substitute for Senate Bill No. 524, Page 1, In The Title, Line 4, by
inserting immediately after the word "subject" the following: ",with an emergency clause for a
certain section"; and
Further amend said bill, Page 2, Section 317.001, Line 36, by inserting immediately after the
"(2)" the following: ""Combative fighting", also known as "toughman fighting", "toughwoman
fighting", "badman fighting", "ultimate fighting", "U.F.C." and "extreme fighting", any boxing
or wrestling match, contest or exhibition, between two or more contestants, with or without
protective headgear, who use their hands, with or without gloves, or their feet, or both, and
who compete for a financial prize or any item of pecuniary value, and which match, contest,
tournament championship or exhibition is not recognized by and not sanctioned by any
officially recognized state, regional or national boxing or athletic sanctioning authority, or
any promoter duly licensed by the department of economic development;
(3) "; and
Further amend said bill, Page 2, Section 317.001, Line 39, by deleting the figure "(3)" and
inserting in lieu thereof the following: "(4)"; and
Further amend said bill, Page 2, Section 317.001, Line 41, by deleting the figure "(4)" and
inserting in lieu thereof the following: "(5)"; and
Further amend said bill, Page 2, Section 317.001, Line 42, by deleting the figure "(5)" and
inserting in lieu thereof the following: "(6)"; and
Further amend said bill, Page 2, Section 317.001, Line 44, by deleting the figure "(6)" and
inserting in lieu thereof the following: "(7)"; and
Further amend said bill, Page 3, Section 317.001, Line 46, by deleting the figure "(7)" and
inserting in lieu thereof the following: "(8)"; and
Further amend said bill, Page 3, Section 317.001, Line 48, by deleting the figure "(8)" and
inserting in lieu thereof the following: "(9)"; and
Further amend said bill, Page 3, Section 317.001, Line 50, by deleting the figure "(9)" and
inserting in lieu thereof the following: "(10)"; and
Further amend said bill, Page 3, Section 317.001, Line 52, by deleting the figure "(10)" and
inserting in lieu thereof the following: "(11)"; and
Further amend said bill, Page 3, Section 317.001, Line 54, by deleting the figure "(11)" and
inserting in lieu thereof the following: "(12)"; and
Further amend said bill, Page 3, Section 317.001, Line 60, by deleting the figure "(12)" and
inserting in lieu thereof the following: "(13)"; and
Further amend said bill, Page 3, Section 317.001, Line 65, by deleting the figure "(13)" and
inserting in lieu thereof the following: "(14)"; and
Further amend said bill, Page 3, Section 317.001, Line 72, by deleting the figure "(14)" and
inserting in lieu thereof the following: "(15)"; and
Further amend said bill, Page 3, Section 317.001, Line 73, by deleting the figure "(15)" and
inserting in lieu thereof the following: "(16)"; and
Further amend said bill, Page 5, Section 317.006, Line 72, by deleting the word "ultimate" and
inserting in lieu thereof the word "combative"; and
Further amend said bill, Page 7, Section 317.012, Lines 1 to 10, by deleting all of said
lines; and
Further amend said bill, Page 10, Section 317.015, Line 64, by inserting after all of said
line the following:
"Section B. Chapter 317, RSMo, is amended by adding thereto one new section, to be knowne" and
as section 317.018, to read as follows:
317.018. 1. Combative fighting is prohibited in the state of Missouri.
2. Anyone who promotes or participates in combative fighting, or anyone who serves as an
agent, principal partner, publicist, vendor, producer, referee, or contractor of or for
combative fighting is guilty of a class D felony.
3. Any medical personnel who administers to, treats or assists any participants of combative
fighting shall not be subject to the provisions of this section.
4. Nothing in section 317.001 or this section shall be construed to give authority to the
Missouri state athletic commission to regulate boxing, sparring, wrestling or contact karate
conducted by entities which are not regulated on the effective date of this section, including
but not limited to events conducted by the:
(1) Military;
(2) Private schools;
(3) Church schools;
(4) Home schools;
(5) Martial arts academies;
(6) Private gyms;
(7) YWCA and YMCA;
(8) Elementary and secondary schools;
(9) College and university inter- and intra-mural;
(10) Fraternal organizations;
(11) Camps, conducted by church or not for profit organizations;
(12) Olympic committees; or
(13) Correctional facilities.
5. Nothing in section 317.001 or this section is intended to regulate, or interfere with or
make illegal, traditional, sanctioned boxing, including professional, amateur, scholastic,
championship boxing, amateur wrestling or scholastic wrestling.
Section C. Because immediate action is necessary to ensure the health and safety of certain
athletes, section B 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 section B of this act shall be in full force and effect
upon its passage and approval.".
Committee on Correctional and State Institutions, Chairman Crump (152)
reporting:
Mr. Speaker: Your Committee on Correctional and State Institutions, to which
was referred SB 489, begs leave to report it has examined the same and
recommends that it Do Pass.
Mr. Speaker: Your Committee on Correctional and State Institutions, to which
was referred SB 781, begs leave to report it has examined the same and
recommends that it Do Pass with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND Senate Bill No. 781, Page 3, Section 221.105, Line 47, by inserting after the word
"cents" the following: ", but not less than the amount appropriated in the previous fiscal
year,".
REFERRAL OF SENATE BILLS
The following Senate Bills were referred to the Committee indicated:
SCS SB 719 - Budget (Fiscal Note)
HCS SS SCS SB 869 - Budget (Fiscal Note)
CONFERENCE COMMITTEE REPORT
FOR HOUSE SUBSTITUTE
FOR HOUSE BILL NO. 832
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Substitute for House Bill No. 832, begs leave
to report that we, after free and fair discussion of the differences between
the House and Senate, have agreed to recommend and do recommend to the
respective bodies as follows:
1. That the House recede from its position on House Substitute for House Bill
No. 832;
2. That the Senate recede from its position on House Substitute for House Bill
No. 832, with Senate Amendments Nos. 1 and 2;
3. That the attached Conference Committee Substitute for House Substitute for
House Bill No. 832 be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Jim Montgomery /s/ Ronnie DePasco
/s/ Jim Pauley /s/ Bill McKenna
/s/ Bill Luetkenhaus /s/ Danny Staples
/s/ Mark Richardson /s/ Irene Treppler
/s/ Ed Hartzler /s/ Roseann Bentley
MESSAGE 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 SCS HS HCS HBs 1301
and 1298, entitled:
To repeal sections 162.680, 195.214, 574.085, 575.090, 575.093, 575.096, RSMo
1994, and sections 160.261, 167.161 and 167.171, RSMo Supp. 1995, and to enact
in lieu thereof nineteen new sections for the purpose of providing safer
schools, with penalty provisions.
With Senate Amendment Nos. 1, 2, 3, 4, 5, 6, Senate Substitute Amendment No. 1
for Senate Amendment No. 7, Senate Amendment Nos. 11, 12, 13, 14, 15, 16, 17,
Senate Substitute Amendment No. 1 for Senate Amendment No. 19, Senate
Amendment Nos. 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 35, 36 and 37.
Senate Amendment No. 1
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 & 1298, Page 14, Section 574.085, Lines 15-16 by striking the following:
"or operated by a school district or a private school or under lease or" and inserting in lieu
thereof the following: ", operated, leased or under".
Senate Amendment No. 2
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 and 1298 Page 10, Section 167.020, Line 75 by inserting immediately after
the word "district" the following:
"or juvenile or family court".
Senate Amendment No. 3
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 and 1298 Page 15, Section 1, Line 4-5 by striking the following: "an
indictment or information is filed or"; and
Further amend said section, page 16, line 30, by striking "prior to the return of the pupil to
school" and inserting in lieu thereof the following: "no later than five days following the
filing of the petition"; and further amend lines 31-32 by striking ", prior to the return of
the pupil to school" from said lines.
Senate Amendment No. 4
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill Nos. 1301 and 1298 Page 21, Section 7, Line 6 by inserting immediately after the
word "act" the following: "unless the petition regarding the act was dismissed or the pupil
has been acquitted or adjudicated not to have committed the act".
Senate Amendment No. 5
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, Page 22, Section 9, Line 34, by inserting immediately after
said line the following:
"Section 10. Each school board in the state, if the school district does not presently have a
program as described below, shall vote every two years whether to develop and implement a
program to train the students of the district in the administration of cardiopulmonary
resuscitation and other lifesaving methods. The board may develop and implement the program as
they determine best, and may consult the department of public safety, the state fire
marshall's office, the local fire protection authorities, and others as the board sees fit.
The board may make completion of the program a requirement for graduation."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 6
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 and 1298 Page 13, Section 167.171, Line 78-81 by deleting all of said
lines and inserting in lieu thereof the following:
"4. If a pupil is attempting to enroll in a school district during a suspension or expulsion
from another school district, a conference with the superintendent or the superintendent's
designee may be held at the request of the parent, court appointed legal guardian, someone
acting as a parent as defined by rule in the case of a special education student, or the pupil
to consider if the conduct of the pupil would have resulted in a suspension or expulsion in
the district in which the pupil is enrolling. Upon a determination by the superintendent or
the superintendent's designee that such conduct would have resulted in a suspension or
expulsion in the district in which the pupil is enrolling or attempting to enroll, the school
district may make such suspension or expulsion from another district effective in the district
in which the pupil is enrolling or attempting to enroll. Upon a determination by the
superintendent or the superintendent's designee that such conduct would not have resulted in a
suspension or expulsion in the district in which the student is enrolling or attempting to
enroll, the school district shall not make such suspension or expulsion effective in its
district in which the student is enrolling or attempting to enroll.".
Senate Substitute Amendment No. 1
for
Senate Amendment No. 7
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, Page 10, Section 167.020, Lines 81 and 82, by deleting the
following: "attorney fees, litigation costs and".
Senate Amendment No. 11
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, Page 13, Section 167.171, Lines 82-89 by striking all of said
lines.
Senate Amendment No. 12
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, Page 20, section 6, line 29, by striking the semicolon ";" on
said line and inserting in lieu thereof a period "."; and
Further amend said section, lines 30-37, by striking all of said lines.
House Amendment No. 13
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 and 1298 Page 13, Section 167.171, Line 63 by striking all of said line
immediately after "(c)"; and
Further amend said section, line 64, by striking the "(d)" and relettering accordingly; and
Further amend said section, line 68, by striking all of said line and relettering accordingly;
and
Further amend said section, line 70, by striking "; or" and inserting in lieu thereof a period
"."; and
Further amend said section, line 71, by striking all of said line.
Senate Amendment No. 14
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, Page 7, Section 162.680, Line 16, by inserting immediately
after said line the following:
"Section 1. 1. Any board of education of any school district may permit the self-
administration of medication administered by way of a metered-dose inhaler by a pupil for
asthma or other potentially life-threatening respiratory illnesses provided that:
(1) The parents or guardians of the pupil provide to the board of education written
authorization for the self-administration of medication and a written medical history of the
pupil's experience with the potentially life-threatening respiratory illness and a plan of
action for addressing any emergency situations that could reasonably be anticipated as a
consequence of administering the medication and having the potentially life-threatening
respiratory illness;
(2) The parents or guardians of the pupil provide to the board of education written
certification from the physician of the pupil that the pupil has asthma or another potentially
life-threatening respiratory illness and is capable of, and has been instructed in, the proper
method of self-administration of medication and informed of the dangers of permitting other
persons to use medicine prescribed for the pupil;
(3) The board informs the parents or guardians of the pupil in writing that the district and
its employees or agents shall incur no liability as a result of any injury arising from the
self-administration of medication by the pupil or as a result of providing all relevant
information provided pursuant to subdivisions (1) and (2) of this subsection with the school
nurse, or in the absence of such nurse, to the school administrator;
(4) The parents or guardians of the pupil sign a statement acknowledging that the district
shall incur no liability as a result of any injury arising from the self-administration of
medication by the pupil and that the parents or guardians shall indemnify and hold harmless
the district and its employees or agents against any claims arising out of the self-
administration of medication by the pupil; and
(5) The permission is effective for the school year for which it is granted and is renewed for
each subsequent school year upon fulfillment of the requirements of subdivisions (1) through
(4) of this subsection.
2. No school district shall be civilly or criminally liable as a result of actions taken
pursuant to this section.
3. Nothing in this section shall be construed to prevent a school district from requiring
pupils to maintain current duplicate prescription medications with the school nurse or in the
absence of such nurse, the school administrator.
4. The state board of education shall promulgate such rules and regulations as it deems
necessary to effectuate the purposes of this section.
5. No rule or portion of a rule promulgated pursuant to the authority of this section shall
become effective unless it has been promulgated pursuant to the provisions of section 536.024,
RSMo.".
Senate Amendment No. 15
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 and 1298 Page 10, Section 167.020, Line 78, by inserting immediately after
the word "older" the following: ", and no personally identifiable student records shall be
made available until after the parent, guardian or the student, if eighteen years of age or
older, has been notified and provided a period of at least three working days within which to
view the records to be made available".
Senate Amendment No. 16
Amend Senate Substitute for Senate Committee Substitute for House Committee Substitute for
House Bill Nos. 1301 and 1298, Page 13, Section 167.171, Line 89 of said page, by inserting
immediately after said line the following:
"195.017. 1. The department of health shall place a substance in Schedule I if it finds that
the substance:
(1) Has high potential for abuse; and
(2) Has no accepted medical use in treatment in the United States or lacks accepted safety
for use in treatment under medical supervision.
2. Schedule I:
(1) The controlled substances listed in this subsection are included in Schedule I;
(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, unless specifically excepted, whenever the existence of these
isomers, esters, ethers and salts is possible within the specific chemical designation:
(a) Acetyl-alpha-methylfentanyl;
(b) Acetylmethadol;
(c) Allylprodine;
(d) Alphacetylmethadol;
(e) Alphameprodine;
(f) Alphamethadol;
(g) Alpha-methylfentanyl;
(h) Alpha-methylthiofentanyl;
(i) Benzethidine;
(j) Betacetylmethadol;
(k) Beta-hydroxyfentanyl;
(l) Beta-hydroxy-3-methylfentanyl;
(m) Betameprodine;
(n) Betamethadol;
(o) Betaprodine;
(p) Clonitazene;
(q) Dextromoramide;
(r) Diampromide;
(s) Diethylthiambutene;
(t) Difenoxin;
(u) Dimenoxadol;
(v) Dimepheptanol;
(w) Dimethylthiambutene;
(x) Dioxaphetyl butyrate;
(y) Dipipanone;
(z) Ethylmethylthiambutene;
(aa) Etonitazene;
(bb) Etoxeridine;
(cc) Furethidine;
(dd) Hydroxypethidine;
(ee) Ketobemidone;
(ff) Levomoramide;
(gg) Levophenacylmorphan;
(hh) 3-Methylfentanyl;
(ii) 3-Methylthiofentanyl;
(jj) Morpheridine;
(kk) MPPP;
(ll) Noracymethadol;
(mm) Norlevorphanol;
(nn) Normethadone;
(oo) Norpipanone;
(pp) Para-fluorofentanyl;
(qq) PEPAP;
(rr) Phenadoxone;
(ss) Phenampromide;
(tt) Phenomorphan;
(uu) Phenoperidine;
(vv) Piritramide;
(ww) Proheptazine;
(xx) Properidine;
(yy) Propiram;
(zz) Racemoramide;
(aaa) Thiofentanyl;
(bbb) Tilidine;
(ccc) Trimeperidine;
(3) Any of the following opium derivatives, their salts, isomers and salts of isomers unless
specifically excepted, whenever the existence of these salts, isomers and salts of isomers is
possible within the specific chemical designation:
(a) Acetorphine;
(b) Acetyldihydrocodeine;
(c) Benzylmorphine;
(d) Codeine methylbromide;
(e) Codeine-N-Oxide;
(f) Cyprenorphine;
(g) Desomorphine;
(h) Dihydromorphine;
(i) Drotebanol;
(j) Etorphine; (except Hydrochloride Salt);
(k) Heroin;
(l) Hydromorphinol;
(m) Methyldesorphine;
(n) Methyldihydromorphine;
(o) Morphine methylbromide;
(p) Morphine methylsulfonate;
(q) Morphine-N-Oxide;
(r) Myrophine;
(s) Nicocodeine;
(t) Nicomorphine;
(u) Normorphine;
(v) Pholcodine;
(w) Thebacon;
(4) Any material, compound, mixture or preparation which contains any quantity of the
following hallucinogenic substances, their salts, isomers and salts of isomers, unless
specifically excepted, whenever the existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation:
(a) 4-bromo-2,5-dimethoxyamphetamine;
(b) 2,5-dimethoxyamphetamine;
(c) 2,5-dimethoxy-4-ethylamphetamine;
(d) 4-methoxyamphetamine;
(e) 5-methoxy-3,4-methylenedioxyamphetamine;
(f) 4-methyl-2,5-dimethoxy amphetamine;
(g) 3,4-methylenedioxyamphetamine;
(h) 3,4-methylenedioxymethamphetamine;
(i) 3,4-methylenedioxy-N-ethylamphetamine;
(j) N-nydroxy-3, 4-methylenedioxyamphetamine;
(k) 3,4,5-trimethoxyamphetamine;
(l) Bufotenine;
(m) Diethyltryptamine;
(n) Dimethyltryptamine;
(o) Ibogaine;
(p) Lysergic acid diethylamide;
(q) Marijuana; (Marihuana;)
(r) Mescaline;
(s) Parahexyl;
(t) Peyote, to include all parts of the plant presently classified botanically as Lophophora
Williamsil Lemaire, whether growing or not; the seeds thereof; any extract from any part of
such plant; and every compound, manufacture, salt, derivative, mixture or preparation of the
plant, its seed or extracts;
(u) N-ethyl-3-piperidyl benzilate;
(v) N-methyl-3-piperidyl benzilate;
(w) Psilocybin;
(x) Psilocyn;
(y) Tetrahydrocannabinols;
(z) Ethylamine analog of phencyclidine;
(aa) Pyrrolidine analog of phencyclidine;
(bb) Thiophene analog of phencyclidine;
(cc) 1-(1-(2-thienyl)cyclohexyl) pyrrolidine;
(5) Any material, compound, mixture or preparation containing any quantity of the following
substances
having a depressant effect on the central nervous system, including their salts, isomers and
salts of isomers whenever the existence of these salts, isomers and salts of isomers is
possible within the specific chemical designation:
(a) Mecloqualone;
(b) Methaqualone;
(6) Any material, compound, mixture or preparation containing any quantity of the following
substances having a stimulant effect on the central nervous system, including their salts,
isomers and salts of isomers:
(a) Cathinone;
(b) Fenethylline;
(c) (+)cis-4-methylaminorex ((+)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(d) N-ethylamphetamine;
(e) N,N-dimethylamphetamine;
(7) A temporary listing of substances subject to emergency scheduling under federal law shall
include any material, compound, mixture or preparation which contains any quantity of the
following substances:
(a) N-(1-benzyl-4-piperidyl)-N-phenyl-propanamide (benzylfentanyl), its optical isomers,
salts and salts of
isomers;
(b) N-(1-(2-thienyl) methyl-4-piperidyl)-N-phenylpropanamide (thenylfentanyl), its optical
isomers, salts and salts of isomers;
(c) Methcathinone, which may also be known as: 2-methylamino-1-phenylpropan 1-one; ephedrone;
monomethylpropion UR 1431, its salts, optical isomers and salts of optical isomers;
(d) Aminorex, which may also be known as: aminoxaphen, 2-amino-5-phenyl-2-oxazoline or
4,5-dihydro-5-phenyl-2-oxazolamine, its salts, optical isomers and salts of optical isomers;
(e) Alphaethyltryptamine, its optical isomers, salts and salts of isomers, which may also be
known as: etryptamine; Alphaethyl-1 H-indole-3-ethanamine; 3-(2-aminobutyl) indole.
3. The department of health shall place a substance in Schedule II if it finds that:
(1) The substance has high potential for abuse;
(2) The substance has currently accepted medical use in treatment in the United States, or
currently accepted medical use with severe restrictions; and
(3) The abuse of the substance may lead to severe psychic or physical dependence.
4. The controlled substances listed in this subsection are included in Schedule II:
(1) Any of the following substances whether produced directly or indirectly by extraction
from substances of vegetable origin, or independently by means of chemical synthesis, or by
combination of extraction and chemical synthesis:
(a) Opium and opiate and any salt, compound, derivative or preparation of opium or opiate,
excluding apomorphine, thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone and naltrexone, and their respective salts but including the following:
a. Raw opium;
b. Opium extracts;
c. Opium fluid;
d. Powdered opium;
e. Granulated opium;
f. Tincture of opium;
g. Codeine;
h. Ethylmorphine;
i. Etorphine hydrochloride;
j. Hydrocodone;
k. Hydromorphone;
l. Metopon;
m. Morphine;
n. Oxycodone;
o. Oxymorphone;
p. Thebaine;
(b) Any salt, compound, derivative, or preparation thereof which is chemically equivalent or
identical with any of the substances referred to in this subdivision, but not including the
isoquinoline alkaloids of opium;
(c) Opium poppy and poppy straw;
(d) Coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any
salt, compound, derivative, or preparation thereof which is chemically equivalent or identical
with any of these substances, but not including decocainized coca leaves or extractions which
do not contain cocaine or ecgonine;
(e) Concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid or
powder form which contains the phenanthrene alkaloids of the opium poppy);
(2) Any of the following opiates, including their isomers, esters, ethers, salts, and salts
of isomers, whenever the existence of these isomers, esters, ethers and salts is possible
within the specific chemical designation, dextrorphan and levopropoxyphene excepted:
(a) Alfentanil;
(b) Alphaprodine;
(c) Anileridine;
(d) Bezitramide;
(e) Bulk Dextropropoxyphene;
(f) Carfentanil;
(g) Butyl nitrite;
(h) Dihydrocodeine;
(i) Diphenoxylate;
(j) Fentanyl;
(k) Isomethadone;
(l) Levo-alphacetylmethadol;
(m) Levomethorphan;
(n) Levorphanol;
(o) Metazocine;
(p) Methadone;
(q) Meperidine;
(r) Methadone-Intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(s) Moramide-Intermediate, 2-methyl-3-morpholino-1, 1-diphenylpropane-carboxylic acid;
(t) Pethidine;
(u) Pethidine-Intermediate-A, 4-cyano-1-methyl-4phenylpiperidine;
(v) Pethidine-Intermediate-B, ethyl-4-phenylpiperidine4-carboxylate;
(w) Pethidine-Intermediate-C, 1-methyl-4-phenylpiperdine4-carboxylic acid;
(x) Phenazocine;
(y) Piminodine;
(z) Racemethorphan;
(aa) Racemorphan;
(bb) Sulfentanil;
(3) Any material, compound, mixture, or preparation which contains any quantity of the
following substances
having a stimulant effect on the central nervous system:
(a) Amphetamine, its salts, optical isomers, and salts of its optical isomers;
(b) Methamphetamine, its salts, isomers, and salts of its isomers;
(c) Phenmetrazine and its salts;
(d) Methylphenidate;
(4) Any material, compound, mixture, or preparation which contains any quantity of the
following substances having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers whenever the existence of those salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(a) Amobarbital;
(b) Glutethimide;
(c) Pentobarbital;
(d) Phencyclidine;
(e) Secobarbital;
(5) Any material, compound or compound which contains any quantity of the following
substances:
(a) Dronabinol (synthetic) in sesame oil and encapsulated in a soft gelatin capsule in a
United States Food and
Drug Administration approved drug product;
(b) Nabilone;
(6) Any material, compound, mixture, or preparation which contains any quantity of the
following substances:
(a) Immediate precursor to amphetamine and methamphetamine: Phenylacetone;
(b) Immediate precursors to phencyclidine (PCP):
a. 1-phenylcyclohexylamine;
b. 1-piperidinocyclohexanecarbonitrile (PCC).
5. The department of health shall place a substance in Schedule III if it finds that:
(1) The substance has a potential for abuse less than the substances listed in Schedules I
and II;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to moderate or low physical dependence or high
psychological
dependence.
6. The controlled substances listed in this subsection are included in Schedule III:
(1) Any material, compound, mixture, or preparation which contains any quantity of the
following substances
having a potential for abuse associated with a stimulant effect on the central nervous system:
(a) Benzphetamine;
(b) Chlorphentermine;
(c) Clortermine;
(d) Phendimetrazine;
(2) Any material, compound, mixture or preparation which contains any quantity or salt of the
following
substances or salts having a depressant effect on the central nervous system:
(a) Any material, compound, mixture or preparation which contains any quantity or salt of the
following
substances combined with one or more active medicinal ingredients:
a. Amobarbital;
b. Secobarbital;
c. Pentobarbital;
(b) Any suppository dosage form containing any quantity or salt of the following:
a. Amobarbital;
b. Secobarbital;
c. Pentobarbital;
(c) Any substance which contains any quantity of a derivative of barbituric acid or its salt;
(d) Chlorhexadol;
(e) Lysergic acid;
(f) Lysergic acid amide;
(g) Methyprylon;
(h) Sulfondiethylmethane;
(i) Sulfonethylmethane;
(j) Sulfonmethane;
(k) Tiletamine and zolazepam or any salt thereof;
(3) Nalorphine;
(4) Any material, compound, mixture, or preparation containing limited quantities of any of
the following
narcotic drugs or their salts:
(a) Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety
milligrams per
dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(b) Not more than 1.8 grams of codeine per one hundred milliliters or not more than ninety
milligrams per dosage unit with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(c) Not more than three hundred milligrams of dihydrocodeinone per one hundred milliliters or
not more than
fifteen milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline
alkaloid of opium;
(d) Not more than three hundred milligrams of dihydrocodeinone per one hundred milliliters or
not more than
fifteen milligrams per dosage unit, with one or more active nonnarcotic ingredients in
recognized therapeutic amounts;
(e) Not more than 1.8 grams of dihydrocodeine per one hundred milliliters or more than ninety
milligrams per
dosage unit, with one or more active nonnarcotic ingredients in recognized therapeutic
amounts;
(f) Not more than three hundred milligrams of ethylmorphine per one hundred milliliters or
not more than
fifteen milligrams per dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts;
(g) Not more than five hundred milligrams of opium per one hundred milliliters or per one
hundred grams or
not more than twenty-five milligrams per dosage unit, with one or more active nonnarcotic
ingredients in recognized
therapeutic amounts;
(h) Not more than fifty milligrams of morphine per one hundred milliliters or per one hundred
grams, with
one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) Anabolic steroids. Unless specially excepted or unless listed in another schedule, any
material, compound,
mixture or preparation containing any quantity of the following substances, including its
salts, isomers and salts of
isomers whenever the existence of such salts of isomers is possible within the specific
chemical designation:
(a) Boldenone;
(b) Chlorotestosterone (4-Chlortestosterone);
(c) Clostebol;
(d) Dehydrochlormethyltestosterone;
(e) Dihydrostestosterone (4-Dihydrotestosterone);
(f) Drostanolone;
(g) Ethylestrenol;
(h) Fluoxymesterone;
(i) Formebulone (Formebolone);
(j) Mesterolone;
(k) Methandienone;
(l) Methandranone;
(m) Methandriol;
(n) Methandrostenolone;
(o) Methenolone;
(p) Methyltestosterone;
(q) Mibolerone;
(r) Nandrolone;
(s) Norethandrolone;
(t) Oxandrolone;
(u) Oxymesterone;
(v) Oxymetholone;
(w) Stanolone;
(x) Stanozolol;
(y) Testolactone;
(z) Testosterone;
(aa) Trenbolone;
(bb) Any salt, ester, or isomer of a drug or substance described or listed in this
subdivision, if that salt, ester
or isomer promotes muscle growth except an anabolic steroid which is expressly intended for
administration through
implants to cattle or other nonhuman species and which has been approved by the secretary of
health and human services
for that administration.
(6) The department of health may except by rule any compound, mixture, or preparation
containing any
stimulant or depressant substance listed in subdivisions (1) and (2) of this subsection from
the application of all or any
part of sections 195.010 to 195.320 if the compound, mixture, or preparation contains one or
more active medicinal
ingredients not having a stimulant or depressant effect on the central nervous system, and if
the admixtures are included
therein in combinations, quantity, proportion, or concentration that vitiate the potential for
abuse of the substances which
have a stimulant or depressant effect on the central nervous system.
7. The department of health shall place a substance in Schedule IV if it finds that:
(1) The substance has a low potential for abuse relative to substances in Schedule III;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) Abuse of the substance may lead to limited physical dependence or psychological
dependence relative to
the substances in Schedule III.
8. The controlled substances listed in this subsection are included in Schedule IV:
(1) Any material, compound, mixture, or preparation containing any of the following narcotic
drugs or their
salts calculated as the free anhydrous base or alkaloid, in limited quantities as set forth
below:
(a) Not more than one milligram of difenoxin and not less than twenty-five micrograms of
atropine sulfate per
dosage unit;
(b) Dextropropoxyphene (alpha-(+)-4-dimethylamino-1, 2-diphenyl-3-methyl-
-2-propionoxybutane);
(c) Any of the following limited quantities of narcotic drugs or their salts, which shall
include one or more
nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound,
mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
a. Not more than two hundred milligrams of codeine per one hundred milliliters or per one
hundred grams;
b. Not more than one hundred milligrams of dihydrocodeine per one hundred milliliters or per
one hundred
grams;
c. Not more than one hundred milligrams of ethylmorphine per one hundred milliliters or per
one hundred
grams;
(2) Any material, compound, mixture or preparation containing any quantity of the following
substances,
including their salts, isomers, and salts of isomers whenever the existence of those salts,
isomers, and salts of isomers is possible within the specific chemical designation:
(a) Alprazolam;
(b) Barbital;
(c) Bromazepam;
(d) Camazepam;
(e) Chloral betaine;
(f) Chloral hydrate;
(g) Chlordiazepoxide;
(h) Clobazam;
(i) Clonazepam;
(j) Clorazepate;
(k) Clotiazepam;
(l) Cloxazolam;
(m) Delorazepam;
(n) Diazepam;
(o) Estazolam;
(p) Ethchlorvynol;
(q) Ethinamate;
(r) Ethyl loflazepate;
(s) Fludiazepam;
(t) Flunitrazepam;
(u) Flurazepam;
(v) Halazepam;
(w) Haloxazolam;
(x) Ketazolam;
(y) Loprazolam;
(z) Lorazepam;
(aa) Lormetazepam;
(bb) Mebutamate;
(cc) Medazepam;
(dd) Meprobamate;
(ee) Methohexital;
(ff) Methylphenobarbital;
(gg) Midazolam;
(hh) Nimetazepam;
(ii) Nitrazepam;
(jj) Nordiazepam;
(kk) Oxazepam;
(ll) Oxazolam;
(mm) Paraldehyde;
(nn) Petrichloral;
(oo) Phenobarbital;
(pp) Pinazepam;
(qq) Prazepam;
(rr) Quazepam;
(ss) Temazepam;
(tt) Tetrazepam;
(uu) Triazolam;
(vv) Zolpidem;
(3) Any material, compound, mixture, or preparation which contains any quantity of the
following substance
including its salts, isomers and salts of isomers whenever the existence of such salts,
isomers and salts of isomers is
possible: fenfluramine;
(4) Any material, compound, mixture or preparation containing any quantity of the following
substances
having a stimulant effect on the central nervous system, including their salts, isomers and
salts of isomers:
(a) Cathine ((+)-norpseudoephedrine);
(b) Diethylpropion;
(c) Fencamfamin;
(d) Fenproporex;
(e) Mazindol;
(f) Mefenorex;
(g) Pemoline, including organometallic complexes and chelates thereof;
(h) Phentermine;
(i) Pipradrol;
(j) SPA ((-)-1-dimethyamino-1,2-diphenylethane);
(5) Any material, compound, mixture or preparation containing any quantity of the following
substance, including its salts: pentazocine;
(6) Any material, compound, mixture or preparation which contains any quantity of the
following substances having a stimulant effect on the central nervous system including their
salts, isomers and salts of isomers: ephedrine or its salts, optical isomers, or salts of
optical isomers as the only active medicinal ingredient or contains ephedrine or its salts,
optical isomers, or salts of optical isomers and therapeutically insignificant quantities of
another active medicinal ingredient;
(7) The department of health may except by rule any compound, mixture, or preparation
containing any depressant substance listed in subdivision (1) of this subsection from the
application of all or any part of sections 195.010 to 195.320 if the compound, mixture, or
preparation contains one or more active medicinal ingredients not having a depressant effect
on the central nervous system, and if the admixtures are included therein in combinations,
quantity, proportion, or concentration that vitiate the potential for abuse of the substances
which have a depressant effect on the central nervous system.
9. The department of health shall place a substance in Schedule V if it finds that:
(1) The substance has low potential for abuse relative to the controlled substances listed in
Schedule IV;
(2) The substance has currently accepted medical use in treatment in the United States; and
(3) The substance has limited physical dependence or psychological dependence liability
relative to the controlled substances listed in Schedule IV.
10. The controlled substances listed in this subsection are included in Schedule V:
(1) Any material, compound, mixture or preparation containing any of the following narcotic
drug and its salts: buprenorphine;
(2) Any compound, mixture or preparation containing any of the following narcotic drugs or
their salts calculated as the free anhydrous base or alkaloid, in limited quantities as set
forth below, which also contains one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal
qualities other than those possessed by the narcotic drug alone:
(a) Not more than two and five-tenths milligrams of diphenoxylate and not less than
twenty-five micrograms of atropine sulfate per dosage unit;
(b) Not more than one hundred milligrams of opium per one hundred milliliters or per one
hundred grams;
(c) Not more than five-tenths milligram of difenoxin and not less than twenty-five micrograms
of atropine sulfate per dosage unit;
(3) Any material, compound, mixture or preparation which contains any quantity of the
following substance having a stimulant effect on the central nervous system including its
salts, isomers and salts of isomers: pyrovalerone.
11. The department of health shall revise and republish the schedules annually.
195.246. 1. It is unlawful for any person to possess ephedrine, its salts, optical isomers
and salts of optical isomers or pseudoephedrine, its salts, optical isomers and salts of
optical isomers with the intent to manufacture methamphetamine or any of its analogs.
2. A person who violates this section is guilty of a class D felony.
195.248. 1. It is unlawful for any person to market, sell, distribute, advertise or label
any drug product containing ephedrine, its salts, optical isomers and salts of optical
isomers, or pseudoephedrine, its salts, optical isomers and salts of optical isomers, for
indication of stimulation, mental alertness, weight loss, appetite control, energy or other
indications not approved pursuant to the pertinent federal over-the-counter drug Final
Monograph or Tentative Final Monograph or approved new drug application.
2. A person who violates this section is guilty of a class D felony."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 17
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, Page 9, Section 167.020, Line 70, by inserting immediately
after "RSMo," the following: "and except as required for compliance with federal regulation or
statute,"; and
Further amend said bill and section, page 10, lines 78 and 79 by deleting said lines and
inserting in lieu thereof the following: "eighteen years of age or older. Any person found to
have knowingly violated the confidentiality provisions of this subsection is guilty of a class
B misdemeanor,whenever".
Senate Substitute Amendment No. 1
for Senate Amendment No. 18
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 and 1298 Page 21, Section 9, Line 1 by striking "1." from said line; and
Further amend said section, page 22, lines 6-34, by striking all of said lines.
Senate Amendment No. 19
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill Nos. 1301 & 1298, Page 4, Section 160.261, Line 103 by inserting immediately after
the word "district" on said line, the following: "and for each teacher employed by the
district"; and further on line 108, by inserting immediately after the word "enroll" the
following: "and shall be provided upon request to any school district by which the teacher is
subsequently employed"; and
Further amend said bill, page 9, section 167.020, line 69, by inserting immediately after
"request." the following: "Except as otherwise required for compliance with federal
regulation or statute, no personally identifiable teacher records, however maintained, shall
be made available to any person who is not employed by the school district or another school
district, or to any governmental entity other than a school district, without prior written
permission of the teacher."
Senate Amendment No. 20
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill Nos. 1301 & 1298, page 22, Section 9, Line 34, by inserting immediately after said
line, the following:
"Section 10. 1. The court may order a child, who has been adjudicated for a nonviolent crime
and who is age fourteen or older, to work for any employer at a rate of compensation not to
exceed minimum wage, for a period of time necessary to make such restitution for the damage
or loss caused by his offense.
2. A child, age fourteen or older, who is ordered by the juvenile court to make restitution
for the damage or loss caused by his offense pursuant to subsection 1 of this section shall
not be considered an employee as defined in section 290.500, RSMo."; and
Further amend the title and enacting clause accordingly
Senate Amendment No. 21
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 & 1298, Page 22, Section 9, Line 34, by inserting after all of said
line the following:
"Section 10. 1. Notwithstanding any provision of law to the contrary, the state board of
education is hereby granted authority to waive or modify any administrative rule adopted by
the state board or policy implemented by the department of elementary and secondary
education. School districts may submit applications for a waiver or modification authorized
pursuant to this section. Each application shall include a written request by the school
district or school districts and shall demonstate that the intent of the rule or policy can
be addressed in a more effective, efficient or economical manner or that the waiver or
modification is necessary to implement a specific plan for improved student performance and
school improvement. Prior to an application for waiver, the school distraict shall hold a
pulic hearing regarding such waiver.
2. The state board of education may grant waivers or modifications for a school distraict or
school districts taht successfully demonstrate the ability to address the intent of the rule
or policy in a more effective, efficient or economical manner, or when the waivers or
modifications are demonstrated to be necessary to stimulate innovation or improve student
performance, provided that the waiver or modification is based upon sound educational
practices, does not endaanger the health and safety or students or staff, and does not
compromise equal opportunity for learning. Approved waivers or modifications shall remain in
effect for a period not to exceed three school years and may be renewed by the state board of
education upon application by the school district or school districts.
3. This section shall not be construed to allow the state board of education to authorize the
waiver of any statutory requirements relating to teacher certification or teacher tenure.";
and
Further amend title and enacting clause accordingly.
Senate Amendment No. 22
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1301 & 1298, Page 1, Section Title, Line 4, by inserting after "1995," the
following:
"and sections 302.272, and 1 as enacted by conference committee substitute for senate
committee substitute for house committee substitute for house bill no. 895 and house bill no.
986, eighty-eighth general assembly, second regular session, and signed by the governor into
law,"; and
Further amend the title, line 4, by striking "nineteen" and inserting in lieu thereof the word
"twenty"; and further on line 5 by inserting after "provisions" the following: "and a
contingent emergency clause for one section"; and
Further amend said bill, page 1, section A, line 3, by inserting immediately after "1995," the
following:
"and sections 302.272, and 1 as enacted by conference committee substitute for senate
committee substitute for house committee substitute for house bill no. 895 and house bill no.
986, eighty-eighth general assembly, second regular session, and signed by the governor into
law,"; and
Further amend line 3 of section A by striking "nineteen" and inserting in lieu thereof the
following: "twenty"; and further on line 5, by inserting after "195.214," the following:
"302.272,"; and
Further amend said bill, page 14, section 195.214, line 9, by inserting after said line the
following:
"302.272. 1. No person shall operate any school bus owned by or under contract with a public
school or the state board of education unless such driver has qualified for a school bus
permit under this section and complied with the pertinent rules and regulations of the
department of revenue. A school bus permit shall be issued to any applicant who meets the
following qualifications:
(1) The applicant has a valid state license issued under this chapter or has a license valid
in any other state;
(2) The applicant is at least twenty-one years of age;
(3) The applicant has passed a medical examination, including vision and hearing tests, as
prescribed by the director of revenue and, if the applicant is at least seventy years of age,
the applicant shall pass the medical examination annually to maintain or renew the permit; and
(4) The applicant has successfully passed an examination for the operation of a school bus as
prescribed by the director of revenue. The examination shall include, but need not be limited
to, a written skills examination of applicable laws, rules and procedures, and a driving test
in the type of vehicle to be operated. The test shall be completed in the appropriate class of
vehicle to be driven. For purposes of this section classes of school buses shall comply with
the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570).
2. Except as otherwise provided in this section, a school bus permit shall be renewed every
three years and shall require the applicant to provide a medical examination as specified in
subdivision (3) of subsection 1 of this section and to successfully pass a written skills
examination as prescribed by the director of revenue in consultation with the department of
elementary and secondary education. If the applicant is at least seventy years of age, the
school bus permit shall be renewed annually, and the applicant shall successfully pass the
examination prescribed in subdivision (4) of subsection 1 of this section prior to receiving
the renewed permit. The director may waive the written skills examination on renewal of a
school bus permit upon verification of the applicant's successful completion within the
preceding twelve months of a training program which has been approved by the director in
consultation with the department of elementary and secondary education and which is at least
eight hours in duration with special instruction in school bus driving.
3. The fee for a new or renewed school bus permit shall be [eleven] three dollars [; except
that, if the applicant is at least seventy years of age, such fee shall be three dollars and
seventy-five cents].
4. Upon the applicant's completion of the requirements of subsections 1, 2 and 3 of this
section, the director of revenue shall issue a temporary school bus permit to the applicant
until such time as a permanent school bus permit shall be issued following the record
clearance as provided in subsection 6 of
this section.
5. The director of revenue, to the best of the director's knowledge, shall not issue or renew
a school bus permit to any applicant:
(1) Whose driving record shows that such applicant's privilege to operate a motor vehicle has
been suspended, revoked or disqualified or whose driving record shows a history of moving
vehicle violations;
(2) Who has pled guilty to or been found guilty of any felony or misdemeanor for violation of
drug regulations as defined in chapter 195, RSMo; of any felony for an offense against the
person as defined by chapter 565, RSMo, or any other offense against the person involving the
endangerment of a child as prescribed by law; of any misdemeanor or felony for a sexual
offense as defined by chapter 566, RSMo; of any misdemeanor or felony for prostitution as
defined by chapter 567, RSMo; of any misdemeanor or felony for an offense against the family
as defined in chapter 568, RSMo; of any felony or misdemeanor for a weapons offense as defined
by chapter 571, RSMo; of any misdemeanor or felony for pornography or related offense as
defined by chapter 573, RSMo; or of any similar crime in any federal, state, municipal or
other court of similar jurisdiction of which the director has knowledge;
(3) Who has pled guilty or been found guilty of any felony involving robbery, arson, burglary
or a related offense as defined by chapter 569, RSMo; or any similar crime in any federal,
state, municipal or other court of similar jurisdiction within the preceding ten years of
which the director has knowledge.
6. The department of social services or the Missouri highway patrol, whichever has access to
applicable records, shall provide a record of clearance or denial of clearance for any
applicant for a school bus permit for the convictions specified in subdivisions (2) and (3) of
subsection 5 of this section. [The Missouri highway patrol in providing the record of
clearance or denial of clearance for any such applicant is authorized to obtain from the
Federal Bureau of Investigation any information which might aid the Missouri highway patrol in
providing such record of clearance or denial of clearance.] The department of social services
or the Missouri highway patrol shall provide the record of clearance or denial of clearance
within [five] thirty days of the date requested, relying on information available at that
time, except that the department of social services or the Missouri highway patrol shall
provide any information subsequently discovered to the department of revenue.
[Section 1. 1. Any motor vehicle assembled by a two or four year institution of higher
education exclusively utilizing "solar power" and built to compete in a national
competition organized to foster interest in solar energy shall be registered and titled by
the director of revenue, other laws regulating licensing of motor vehicles to the contrary
notwithstanding.
2. Such institution shall file an application in a form prescribed by the director,
verified by affidavit, that such vehicle meets the requirements of subsection 1 of this
section.
3. The plate issued by the director shall be the "collegiate plate" of the institution and
shall display the term "solar" in a manner prescribed by the director.
4. The institution shall pay the applicable fees as determined by the director.]" and
Further amend said bill, page 22, section 9, line 34, by inserting immediately after said line
the following:
"Section B. Because immediate action is necessary to ensure the availability of a sufficient
number of licensed school bus drivers, section 302.272 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 section 302.272 of this act
shall be in full force and effect upon its passage and approval, but shall only take effect
subsequent to the passage and approval by the governor of conference committee substitute for
senate committee substitute for house committee substitute for house bill no. 895 and house
bill no. 986, eighty-eighth general assembly, second regular session."
Senate Amendment No. 23
Amend Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Numbers 1301 and 1298, Page 22, Section 9, Line 34 by inserting immediately after
said line, the following:
"Section 10. 1. A person commits the crime of assault of a teacher in the first degree if he
attempts to kill or knowingly causes or attempts to cause serious physical injury to a
teacher who is performing the duties of a teacher.
2. Assault of a teacher in the first degree is a class A felony.
Section 11. 1. A person commits the crime of assault of a teacher in the second degree if he:
(1) Attempts to cause or knowingly causes physical injury to a teacher who is performing the
duties of a teacher by means of a deadly weapon or dangerous instrument;
(2) Recklessly causes serious physical injury to a teacher who is performing the duties of a
teacher.
2. Assault of a teacher in the second degree is a class B felony.
Section 12. 1. A person commits the crime of assault of a teacher in the third degree if:
(1) He attempts to cause or recklessly causes physical injury to a teacher who is performing
the duties of a teacher;
(2) With criminal negligence he causes physical injury to a teacher who is performing the
duties of a teacher by means of a deadly weapon;
(3) He purposely places a teacher who is performing the duties of a teacher in apprehension
of immediate physical injury;
(4) He recklessly engages in conduct which creates a grave risk of death or serious physical
injury to a teacher who is performing the duties of a teacher;
2. Assault of a teacher in the third degree is a class A misdemeanor."; and
Further amend the title and enacting clause accordingly
Senate Amendment No. 24
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 & 1298, Page 18, Section 3, Line 21 on said page by inserting after the
word "state" the following:
"with the approval of the district's board of education"
Senate Amendment No. 25
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 & 1298, Page 12, Section 167.171 (3) (2), Line 54 on said page by
deleting the words "following acts" and substituting in lieu thereof the following:
"acts enumerated in sub-division (4) of this sub-section and further amend said bill on page
12, Section 167.171 (3) (3), line 57, by deleting the words "following acts" and substituting
in lieu thereof the following: "acts enumerated in sub-division (4) of this sub-section"
Senate Amendment No. 28
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, page 22, section 9, line 34, by adding at the end of said
section the following:
"Section 10. After the effective date of this act any school district with a graduating rate
as reported in Section 9 of less than sixty percent shall not issue any multi year contract to
any administrator.
Senate Amendment No. 29
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1248, page 9, section 167.020, line 69, by deleting the words "seven
business days" and inserting the words "three business days"; and
Further amend said bill, page 4, line 107, by adding after the word "provided" the following:
"as required in section 167.020 RSMo"
Senate Amendment No. 30
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1248, page 18, section 3, line 19, by adding at the end of said line
the following: "and shall not be offered for academic credit"
Senate Amendment No. 31
AMEND Senate Committee Substitute for House Committee Substitute for House Bills Nos. 1301 and
1298, page 21, section 7, line 2, by adding at the end of said line, the following: "who have
graduated or reached the age of twenty-one years"
Senate Amendment No. 32
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, page 7, section 162.680, line 1-16, by striking all of said
section and inserting in lieu thereof the following:
"162.680. 1. No child may be denied services provided by sections 162.670 to 162.995 because
of his handicapping condition.
2. To the maximum extent appropriate, handicapped and severely handicapped children shall be
educated along with children who do not have handicaps and shall attend regular classes,
except that in the case of a disability resulting in violent behavior which causes a
substantial likelihood of injury to the student or others, the school district shall initiate
procedures consistent with state and federal law to remove the child to a more appropriate
placement. Impediments to learning and to the normal functioning of such children in the
regular school environment shall be overcome whenever practicable by the provision of special
aids and services rather than by separate schooling for the handicapped."
Senate Amendment No. 33
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, page 22, section 9, line 34, by inserting immediately after
said line, the following:
"Section 10. The school board of any school district may adopt a policy regarding the use of
profane language in school by students and teachers. The policy may provide for discipline of
students who use profane language, including suspension not to exceed ten days, and the policy
may provide for discipline or dismissal for teachers who use profane language or who allow
students to use profane language in violation of the policy."; and
Further amend the title and enacting clause accordingly
Senate Amendment No. 35
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, page 13, section 167.171, line 89, by inserting immediately
after said line, the following:
"170.260. Each school in each school district, as defined in section 160.010, RSMo, which
offers more than one classroom section of a regular instruction class or program, may offer at
least one section of such class or program which shall be designated as "motivated". Only
students who apply for entrance into the motivated section and complete and sign a motivated
contract, established by resolution of the school board of the district, shall be eligible for
admission into a class or program designated as "motivated". The contract shall include, at a
minimum:
(1) A commitment to do all required homework except when extenuating circumstances prevent it;
(2) A commitment to be respectful to teachers and other students at all times;
(3) Provision for probationary status upon the first violation of the contract by the student;
and
(4) Provision for transfer to a regular class or program upon the third violation of the
contract within a school year by the student."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 36
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, page 10, section 167.020, line 75, by striking "; without" and
inserting in lieu thereof the following: ", unless the school district has obtained within the
current school year and has on file"
Senate Amendment No. 37
AMEND Senate Committee Substitute for House Substitute for House Committee Substitute for
House Bills Nos. 1301 and 1298, page 14, section 574.085, line 1, by inserting immediately
before said line, the following:
"304.076. Notwithstanding anything in subsection 1 of section 304.075 to the contrary,
effective August 28, 1996, any new bus to be used to transport children to or from a federal
Head Start program shall bear signs indicating that it is a Head Start school bus. Any bus
that was used to transport children to or from a Head Start program prior to August 28, 1996,
that continues to transport children to or from a Head Start program after such date may bear
signs indicating that it is a Head Start school bus."; and
Further amend the title and enacting clause accordingly.
Emergency Clause Adopted.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Backer, the House adjourned until 10:00 a.m.,
Friday, May 10, 1996.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Seventieth Day, Wednesday, May 8, 1996, page 5, by
deleting lines 40 and 41 and inserting in lieu thereof the following: "On
motion of Representative Legan, CCS HCS SCS SB 657 was truly agreed to and
finally passed by the following vote:
Pages 4 and 5, roll call, by showing Representative Kelly (27) voting "aye"
rather than "absent with leave".
Pages 5 and 6, roll call, by showing Representative Reynolds voting "aye"
rather than "absent with leave".
Page 7, roll call, by showing Representative Wooten voting "no" rather than
"absent with leave".
Page 7, roll call, by showing Representatives Heckemeyer, Liese and Farmer
voting "aye" rather than "absent with leave".
Pages 16, roll call, by showing Representative Heckemeyer voting "no" rather
than "absent with leave".
Page 18, roll call, by showing Representative Edwards-Pavia voting "aye"
rather than "absent with leave".
Page 23, roll call, by showing Representative Stokan voting "aye" rather than
"absent with leave".
Page 24, roll call, by showing Representative Leake voting "aye" rather than
"absent with leave".
COMMITTEE MEETINGS
BANKS AND FINANCIAL INSTITUTIONS
Thursday, May 9, 1996, 1:30 pm. Hearing Room 9. Executive session.
To be considered - SB 836
BUDGET
Thursday, May 9, 1996, 8:30 am. Hearing Room 9. Executive session on
previously heard bills.
BUDGET
Friday, May 10, 1996, 8:30 am. Hearing Room 9. Executive Session
To be considered - SB 722, SB 884
COMMERCE
Thursday, May 9, 1996, 9:00 am. Hearing Room 5. Executive session to follow.
To be considered - SB 524
CORRECTIONAL & STATE INSTITUTIONS
Thursday, May 9, 1996, 1:00 pm. Hearing Room 8. Executive Session.
To be considered - SB 489, SB 781
EDUCATION - ELEMENTARY AND SECONDARY
Thursday, May 9, 1996, 9:00 am. Hearing Rooms 1 & 2
To be considered - SB 852
INSURANCE
Thursday, May 9, 1996. Side gallery upon morning adjournment.
To be considered - Executive Session - SB 597
JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT
Thursday, May 9, 1996, 9:00 am. Hearing Room 7. Amended
RETIREMENT
Thursday, May 9, 1996, 9:30 am. Side Gallery. Executive session to follow.
To be considered - SB 685
SCIENCE, TECHNOLOGY AND CRITICAL ISSUES
Thursday, May 9, 1996. Hearing Room 9 upon evening adjournment. Executive
session may follow. Amended Notice
To be considered - SB 713
TOURISM, RECREATION AND CULTURAL AFFAIRS
Thursday, May 9, 1996, 1:00 pm. Hearing Room 7. Executive session to follow.
To be considered - SB 695
WORKERS COMPENSATION AND EMPLOYMENT SECURITY
Thursday, May 9, 1996. Side gallery upon morning adjournment. Executive
session.
HOUSE CALENDAR
SEVENTY-SECOND DAY, FRIDAY, MAY 10, 1996
HOUSE BILLS FOR PERFECTION
1 HCS HB 987, 1155, 1158 & 1219, as amended, HS, as amended, pending - Jacob
2 HCS HB 1403 - Dougherty
3 HB 944, HCA 1 - Smith
4 HB 1154 - Murray (69)
5 HCS HB 1540 - Green
6 HB 993 - Williams (121)
7 HB 854 - Bland
8 HB 1312 - Tate
9 HCS HB 843 - Daniels (41)
10 HB 1133 - Witt
11 HB 855 - Bland
12 HCS HB 830 & 1082 - Carter
13 HB 1228, HCA 1 - Harlan
14 HB 1279 - Tate
15 HCS HB 1398, 1339, 1488 & 1114 - Hagan-Harrell
16 HCS HB 829 & 1254 - May (108)
17 HB 1414, HCA 1 - Smith
18 HCS HB 960 - Rizzo
19 HB 1436, HCA 1 - Dougherty
20 HB 1399, HCA 1 - Leake
21 HCS HB 1112 - Koller
22 HCS HB 1204 - Wiggins
23 HB 816, HCA 1 - Backer
24 HCS HB 961 - Boucher
25 HB 1535 - Kissell
26 HCS HB 1132, 1049, 779, 1051 & 1544 - Heckemeyer
27 HCS HB 1429 - Liese
28 HCS HB 1143 - Witt
29 HB 856, HCA 1 - Bland
30 HB 1310 - Tate
31 HCS HB 1175, 1120 & 797 - Gratz
32 HCS HB 912 & 1108 - Treadway
33 HB 1579, HCA 1 - Skaggs
34 HB 1562 - Witt
35 HCS HB 1374 - Scheve
36 HB 801, HCA 1 - Schilling
37 HB 1443, HCA 1, HCA 2 - Prost
38 HB 1289 - Liese
39 HCS HB 1278 & 1277 - May (108)
40 HB 1590, HCA 1 - Harlan
41 HB 1145 - Shear (83)
42 HCS HB 1115 - Montgomery
43 HCS HB 1206 & 1484 - Hosmer
44 HB 1575 - Loudon
45 HB 1180 - Williams (159)
46 HB 1080, HCA 1 - Troupe
47 HCS HB 1430 & 1165 - Hosmer
48 HCS HB 1000 - Treadway
49 HCS HB 840 & 841 - Luetkenhaus
50 HB 833, HCA 1 - Dougherty
51 HCS HB 1465 - Hoppe
52 HB 1245 - Farmer
53 HCS HB 867, 893 & 1401 - Morgan
54 HCS HB 1103 - Smith
HOUSE BILLS FOR PERFECTION - INFORMAL
HB 1402 - Williams (121)
HB 1243, HCA 1 - Farmer
HB 962, as amended - Lumpe
HB 1156 - Scheve
HCS HB 1363 - Mays (50)
HCS HB 894 - Bray
HB 1247, HS,as amended - Shelton (57)
HOUSE BILLS FOR THIRD READING
HCS HB 1588 - Overschmidt
HS HCS HB 1149,1150 & 1240, E.C.(Budget Fiscal 5-1-96) - Jacob
HOUSE BILL FOR THIRD READING - INFORMAL
HB 782 - Stokan
SENATE BILLS FOR THIRD READING
1 SB 664 - Hartzler (123)
2 HCS SB 888, HS, as amended, HA 16 pending - Jacob
3 HCS SB 769 - Canuteson
4 SB 589 - Dougherty
5 SB 757 - Sears (1)
6 SB 525, HCA 1 - Backer
7 SB 526 - Harlan
8 SS SB 981, HCA 1,HCA 2 & HCA 3, E.C. - Farmer
9 HCS SS SCS SB 723 & 891 - Rizzo
10 HCS SB 572 - Morgan
11 HCS SCS SB 884 & 841, (Budget Fiscal 5-8-96) - Witt
12 HCS SS SS SB 488 - Dougherty
13 HCS SS SCS SB 722, (Budget Fiscal 5-8-96) - Hosmer
14 HCS SS SCS SB 869, (Budget Fiscal 5-9-96) - Witt
15 SCS SB 719, HCA 1 (Budget Fiscal 5-9-96) - Lakin
16 SB 661 - McBride
17 SB 876, HCA 1 - Bray
18 SB 787 - Montgomery
19 SB 500 - Lumpe
20 HCS SB 634 - Smith
21 SB 805 - Bland
SENATE BILLS FOR THIRD READING - INFORMAL
SB 803 - Witt
HCS SB 904, Part I,as amended, adopted - Wiggins
HOUSE BILLS WITH SENATE AMENDMENTS
HB 1098, SA 1, SA 1 to SA 2, SA 2,as amended, - Goward
HCS HB 991, SCAs 1,2,3,4, SAs 1,2,3,4,5,6,7,11,12, 13,14,15 - Koller
SCS HCS HB 1099, as amended, E.C. - Williams (159)
HB 905, SCA 1, SA 1 SA 2 - Rizzo
SCS HS HCS HB 1301 & 1298, as amended, E.C. - McLuckie
BILL CARRYING REQUEST MESSAGES
SCS HCS HB 1010, House req. Senate grant further conf. and conferees be
allowed
to exceed diff - Carter
BILLS IN CONFERENCE
CCR SCS HCS HB 1011 - Troupe
CCR SCS HCS HB 1012 - Green
CCR HCS SB 676 - Smith
CCR HB 811, as amended - Smith
SS SCS HB 974 - Crump
SB 858, as amended - Carter
CCR HS HB 832, as amended - Montgomery
HCS HB 781, as amended - Stokan
HOUSE CONCURRENT RESOLUTION
HCR 5, (3-28-96 pgs. 12 & 13) - Thompson (37)
HOUSE RESOLUTION
HR 353, (2-29-96, pgs. 16 & 17) - Vogel
COURTESY RESOLUTIONS
HR 1025 - Marble
HR 1026 - Vogel
HR 1027 - Heckemeyer
HR 1028 - Van Zandt
HR 1029 - Stokan
HR 1030 - Farnen
HR 1031, through HR 1039 - Boucher
HR 1040 - Shields
HR 1041 - Reynolds
HR 1042, and HR 1043 - Bonner
HR 1044 - Crum (112)
HR 1045, through HR 1058 - Cierpiot
HR 1059, and HR 1060 - Kelly (27)
HR 1061 - Kissell
HR 1062, through HR 1075 - Cierpiot
HR 1076, through HR 1078 - Lakin
HR 1079 - Keeven
HR 1080 - Foley
HR 1081 - Howerton
HR 1082 - Sears (1)
HR 1083 - Stoll
HR 1084 - Long
HR 1085, through HR 1087 - Kelley (47)
HR 1088 - Scheve
HR 1089 - Pryor
HR 1090 - Legan
HR 1091 - Kauffman
HR 1092 - Richardson
HR 1093 - Robirds
HR 1094 - Donvan
HR 1095 - Prost
HR 1096 - Enz
HR 1097, through HR 1103 - Shear (83)
HR 1104 - Vogel
HR 1105, and HR 1106 - Shear (83)
HR 1107, through HR 1112 - Fitzwater
HR 1113 - Elliott
HR 1114 - Crum (112)
HR 1115 - Hegeman
HR 1116 - Koller
HR 1117 - Graham
HR 1118 - Hendrickson
HR 1119 - McClelland
HR 1120, and HR 1121 - Burton
HR 1122 - Steen
HR 1123, and HR 1125 - Lakin
HR 1126 - Kauffman
HR 1127, and HR 1127 - Fitzwater
HR 1128 - Fitzwater
HR 1129, through HR 1173 - Cierpiot
HR 1174 - Surface
HR 1175 - Gaw
HR 1176 - McClelland
HR 1177 - Graham
HR 1178 - Green
HR 1179 - Clayton
HR 1180 - Richardson
HR 1181 - Ross
HR 1182, through HR 1191 - Mitchell
HR 1192 - Evans
HR 1193 - Sombart
HR 1194 - Scott
HR 1195 - Backer
HR 1196, through 1199 - Mitchell
HR 1200, and 1221 - Tate
HR 1222 - Harlan
HR 1223 - McClelland
HR 1224 - McBride
HR 1225 - Gaw
HR 1226 - Gaw
HR 1227 - Griesheimer
HOUSE BILLS TAKEN FROM COMMITTEE PER CONSTITUTION
HB 1463 - Shields
HB 1454 - Hall
HB 1455 - Hall
SENATE BILL TAKEN FROM COMMITTEE PER CONSTITUTION
SB 727 - Witt