House Journal - May 13, 1996
House Journal
Second Regular Session, 88th General Assembly
SEVENTY-THIRD DAY, Monday, May 13, 1996
Speaker Gaw in the Chair.
Prayer by Father Hugh Behan.
"Where do you live Teacher... come and see." (Jn. 1:38-39).
I was walking through the auditorium of a college campus recently and the six year-old son of
a student asked me, "are you a student?" I stopped for a moment and then said, "yes, those of
us who teach must also be students" and then to the adults around him I said, "wisdom is
finding out how little we actually know."
Gracious God, today I pray for that wisdom that pushes me to always be a student, seeking
information and insights from whatever source is available, but also taking time out for long
silences where the words cease and you speak from the depths of my soul. Bless this House with
that same spirit. Make us always seekers, never being satisfied that we alone know all that is
to be known about the marvels of your world. 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: Ashley Miller, Marcia Pickup, Jeremy Freeman,
Alexander Fak, Amanda Everett, Adrienne Wade, Damond Riddle, Kelly York,
Jennie Tilson and John Morrison.
The Journal of the seventy-second day was approved as corrected.
RESOLUTIONS
Representative Lograsso offered House Resolution No. 1249, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Dougherty offered House Resolution No. 1250, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Williams (121) offered House Resolution No. 1251, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Hegeman offered House Resolution No. 1252, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Ross offered House Resolution No. 1253, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Richardson offered House Resolution Nos. 1254 and 1255, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Backer offered House Resolution No. 1256, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Gratz offered House Resolution No. 1257, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Hohulin offered House Resolution No. 1258, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
SECOND READING OF SENATE BILL
SB 895 was read the second time.
COMMITTEE REPORTS
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman
Backer reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and
Printed, to which was referred CCS HB 1002, CCS HB 1003, CCS HB 1004, CCS HB
1005, CCS HB 1006, CCS HB 1007, CCS HB 1008, CCS HB 1009, CCS #3 HB 1010, CCS
HB 1011, CCS HB 1012, SCS HCS HB 1013, HB 1019 and HB 937, begs leave to
report that it has examined the same and finds them to be truly and correctly
printed as agreed to and finally passed.
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman
Backer reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and
Printed, to which was referred SCS HCS HB 1020, begs leave to report it has
examined the same and finds it to be truly and correctly printed as agreed to
and finally passed.
REFERRAL OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was referred to the Committee
indicated:
HCR 14 - Miscellaneous Bills and Resolutions
REFERRAL OF SENATE CONCURRENT RESOLUTION
The following Senate Concurrent Resolution was referred to the Committee
indicated:
SCR 29 - Miscellaneous Bills and Resolutions
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
SB 895 - Judiciary and Ethics
HOUSE BILLS WITH SENATE AMENDMENTS
HB 773, with Senate Committee Amendment No. 1 and Senate Amendment No. 2,
relating to operator's license, was taken up by Representative Backer.
On motion of Representative Backer, the House concurred in Senate Committee
Amendment No. 1 and Senate Amendment No. 2, by the following vote:
AYES: 153
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
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 Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey 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 Monaco
Montgomery 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 Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Summers
Surface Tate Thomason 163 Thompson 37 Treadway
Troupe Van Zandt Vogel Wannenmacher Ward
Whiteside Wieland Wiggins Williams 121 Williams 159
Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 009
Brown Crump 152 Daniel 42 Goward Hohulin
Hoppe Morgan Ribaudo Secrest
VACANCY: 001
On motion of Representative Backer, HB 773, as amended, was truly agreed to
and finally passed by the following vote:
AYES: 151
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
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 Graham Gratz Green
Griesheimer Gross Hall Hand Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson
Hickey 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 Monaco Montgomery 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 Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Steen
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Ward Whiteside Wieland
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 011
Brown Crump 152 Daniel 42 Goward Gunn
Hagan-Harrell Hohulin Hoppe Morgan Ribaudo
Secrest
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Sears (1), title to the bill was agreed to.
Representative Bray moved that the vote by which the bill passed be
reconsidered.
Representative Barry moved that motion lay on the table.
The latter motion prevailed.
SCS HCS HBs 1376 and 1501, relating to special education, was taken up by
Representative Fitzwater.
On motion of Representative Fitzwater, SCS HCS HBs 1376 and 1501 was adopted
by the following vote:
AYES: 152
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
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 Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelley 47 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 Monaco
Montgomery 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 Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Summers
Surface Tate Thomason 163 Treadway Troupe
Van Zandt Vogel Wannenmacher Ward Whiteside
Wieland Wiggins Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 010
Brown Daniel 42 Goward Hohulin Hoppe
Kelly 27 Morgan Ribaudo Secrest Thompson 37
VACANCY: 001
On motion of Representative Fitzwater, SCS HCS HBs 1376 and 1501 was truly
agreed to and finally passed by the following vote:
AYES: 152
Akin Alter Auer Backer Ballard
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach 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 Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin 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
Monaco Montgomery Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Neill O'Toole
Oetting Ostmann Overschmidt Pouche Prost
Pryor Relford Reynolds Richardson Ridgeway
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Sears 1 Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Summers
Surface Tate Thomason 163 Treadway Troupe
Van Zandt Vogel Wannenmacher Ward Whiteside
Wieland Wiggins Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 010
Barnett 4 Brown Daniel 42 Goward Hoppe
Morgan Pauley Ribaudo Secrest Thompson 37
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Crum (112), title to the bill was agreed to.
Representative Days (71) moved that the vote by which the bill passed be
reconsidered.
Representative Dougherty moved that motion lay on the table.
The latter motion prevailed.
BILL IN CONFERENCE
CCR SS SCS HB 974, relating to sex offenders, was taken up by Representative
Crump (152).
On motion of Representative Crump (152), CCR SS SCS HB 974 was adopted by the
following vote:
AYES: 156
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
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 Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
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 Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Nordwald O'Connor O'Neill
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford Reynolds
Ribaudo Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Scott Sears 1 Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Steen
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Ward Whiteside Wieland
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 006
Brown Daniel 42 Goward Hoppe Naeger
Secrest
VACANCY: 001
On motion of Representative Crump (152), CCS SS SCS HB 974 was read the third
time and 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
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 Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
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 Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 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 Shear 83 Sheldon 104 Shelton 57 Shields
Skaggs Smith Sombart Steen 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: 008
Brown Daniel 42 Goward Hoppe Naeger
Ribaudo Secrest Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Tate, title to the bill was agreed to.
Representative Treadway moved that the vote by which the bill passed be
reconsidered.
Representative Stoll 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 adopted the Conference
Committee Report on HB 811, as amended, and has taken up and passed CCS HB
811.
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 on HS HB 832, as amended, and has taken up and passed CCS HS
HB 832.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SCAs 1,
2, 3, 4, SAs 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14 and 15 to HCS HB 991 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 passed HCS HBs 1159, 842 and
799, entitled:
An act to repeal sections 313.010, 313.020, 313.040, 313.055 and 313.057, RSMo
1994, relating to bingo, and to enact in lieu thereof six new sections
relating to the same subject, with penalty provisions.
With Senate Amendments Nos. 1, 2 and 4.
Senate Amendment No. 1
Amend House Committee Substitute for House Bill No.1159 et al Page 2, Section 313.010, Line
12, by inserting immediately after the word "dollars" the following: "per event"; and further
on line 14, by striking all of said line and inserting in lieu thereof the following:
"occasions annually."; and further on line 15, by striking all of said line; and further on
said line 16, by striking the following: "dollars."; and further on line 21, by striking
"subdivision (11)" and inserting in lieu thereof the following: "subdivisions (11) and (14)";
and
Further amend said bill, page 4, section 313.040, line 37, by striking "six months" and
inserting in lieu thereof the following: "one year"; and
Further amend said bill, page 8, section 313.057, line 56, by inserting immediately after the
word "supplier," the following: "if timely filed and paid,"; and
Further amend said page, section 1, line 5, by striking the word "game" and inserting in lieu
thereof the word "occasion".
Seventy-third Day-Monday, May 13, 1996
Senate Amendment No. 2
Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 8, Section
313.057, Line 66, by inserting immediately after said line the following:
"313.842. There may be established an outpatient center which shall provide services for
compulsive gamblers and their families in any city or county that licenses excursion gambling
boats. As used in this section, "compulsive gambler" means a person who is chronically and
progressively preoccupied with gambling and the urge to gamble. Such centers may be funded
from the taxes collected and distributed to the city or county establishing the center under
section 313.822. Such moneys shall be submitted to the state and credited to the "Compulsive
Gamblers Fund", which is hereby established within the department of mental health.
Notwithstanding the provisions of section 33.080, RSMo, to the contrary, moneys in the fund at
the end of any biennium shall not be transferred to the credit of the general revenue fund.
The department of mental health shall administer all programs, either directly or by contract,
for compulsive gamblers. Any such person or family of such person requesting services for
compulsive gambling from the outpatient center must prove by a preponderance of the evidence
that his or her chronic and preoccupation with gambling and the urge to gamble was exacerbated
by this proposed legislation establishing riverboat gambling in this state."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 4
Amend House Committee Substitute for House Bills Nos. 1159, 842 and 799, Page 2, Section
313.010, Line 21, by inserting immediately thereafter the following:
"313.015. 1. The commission shall issue a license for the conducting of bingo to any bona fide
religious, charitable, fraternal, veteran or service organization or to any combination of
eligible organizations, not to exceed five, which submits an application on a form prescribed
by the director and which satisfies the director that such organization meets all of the
requirements of sections 313.005 to 313.080. The burden of proof is at all times on the
applicant to demonstrate by clear and convincing evidence its suitability to be licensed. Each
license so issued shall expire at midnight one year from its date of issuance[, except that
all licenses which are issued and in good standing on the June 28, 1994, shall remain valid
until a new license is issued by the commission or until the current license is suspended or
revoked by the commission pursuant to the provisions of section 313.070; however, all such
licenses must be renewed, suspended or revoked within one year of June 28, 1994]. The
commission, in its sole discretion, may reopen licensure hearings for any licensee at any
time.
2. An applicant may hold only one license and that license may not be transferred or assigned
to any other organization other than the organization named in the license. Each licensed
organization shall pay to the director an annual, nonrefundable license fee of fifty dollars;
provided, however, each licensed organization which awards to winners of bingo games prizes or
merchandise having an aggregate retail value of five thousand dollars or less annually and
less than one hundred dollars in any single day shall pay to the director an annual fee of ten
dollars to be paid into the state treasury to the credit of the gaming commission bingo fund.
The director may, upon application made by a county fair organization or by an organization
qualified to receive a regular license, issue a special license authorizing such organization
to conduct bingo for the period of any fair, picnic, festival or celebration conducted by such
qualified organization not exceeding one week and which is held not more than once annually,
and a special licensee shall be exempt from the provisions of subdivisions (7) and (11) of
section 313.040. Each organization receiving a special license shall pay to the director a fee
of twenty-five dollars, to be paid into the state treasury to the credit of the gaming
commission bingo fund.
3. Any organization that obtains more than three special bingo licenses during any calendar
year shall be required to file an annual report as required in section 313.045."; and
Further amend the title and enacting clause accordingly.
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 refuses to concur in HS HCS SS SB 560, as
amended , and requests that the House to recede from its position or failing
to do so, grant the Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HCS SB 780, as
amended and has taken up and passed HCS SB 780, as amended.
SIGNING OF SENATE BILL
All other business of the House was suspended while CCS #4 HCS SS SB 687 was
read at length and, there being no objection, was signed by the Speaker to the
end that the same may become law.
THIRD READING OF SENATE BILL
SB 664, as amended, with House Amendment No. 1 to House Amendment No. 3 and
House Amendment No. 3, pending, relating to real estate/insurance, was again
taken up by Representative Hartzler (123).
House Amendment No. 1 to House Amendment No. 3 was withdrawn.
Representative Harlan offered House Amendment No. 1 to House Amendment No. 3.
House Amendment No. 1
to
House Amendment No. 3
AMEND House Amendment No. 3 to Senate Bill No. 664, page 9, section 13, line 25, by deleting
lines 25 through 28, and inserting the following: "14. The Fiduciary Responsibilities of an
agency to a principal are as provided to a principal are as provided in sections 1-16 of this
act. However, the common law shall supersede with respect to agent liability for negligence,
fraud, misrepresentation, or breach of contract."
On motion of Representative Harlan, House Amendment No. 1 to House Amendment
No. 3 was adopted.
On motion of Representative Treadway, House Amendment No. 3, as amended, was
adopted.
Representative Gratz offered House Amendment No. 4.
House Amendment No. 4 was withdrawn.
Representative Richardson offered House Amendment No. 4.
House Amendment No. 4 was withdrawn.
Representative Elliott offered House Amendment No. 4.
Representative May (108) raised a point of order that House Amendment No. 4
goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Richardson offered House Amendment No. 4.
House Amendment No. 4
AMEND Senate Bill 664, page 6, by inserting at the end of said bill, section 375.020, by
adding in subsection 2 after subsection (g) after the words "...compensation for services."
the following:
(h) any course or program of instruction approved for use to meet professional continuing
education in another Missouri profession, as required by law, which course or program relates
to the topic of insurance.; and
Further amend the title accordingly.
Representative Hartzler (123) raised a point of order that House Amendment No.
4 is not germane to the bill.
The Chair ruled the point of order not well taken.
On motion of Representative Richardson, House Amendment No. 4 was adopted.
Representative Gross offered House Amendment No. 5.
House Amendment No. 5
AMEND Senate Bill No. 664, page 6, section 381.412, line 13, by adding after said line the
following:
"Section 1. From and after July 1, 1997 it shall be unlawful for persons in this state to act
as a real estate appraiser, or to directly or indirectly engage or assume to engage in the
business of real estate appraisal or to advertise or hold themselves out as engaging in or
conducting such business without first obtaining a license or certificate issued by the
Missouri Real Estate Appraisers Commission under the provisions of this chapter.
Representative Thomason (163) offered House Amendment No. 1 to House Amendment
No. 5.
House Amendment No. 1
to
House Amendment No. 5
AMEND House Amendment No. 5 to Senate Bill No. 664, page 1, line 4, by deleting the words "or
indirectly" from said line.
Representative Marshall (133) offered House Substitute Amendment No. 1 for
House Amendment No. 1 to House Amendment No. 5.
House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment
No. 5 was withdrawn.
Representative Marshall (133) offered House Substitute Amendment No. 1 for
House Amendment No. 1 to House Amendment No. 5.
House Substitute Amendment No. 1
for
House Amendment No. 1
to
House Amendment No. 5
AMEND House Amendment No. 5 to Senate Bill No. 664, page 1, section 381.412, line 4, by
deleting the following:
"or to directly or indirectly engage or assume to engage in the business of real estate
appraisal"; and
Further amend same section line 4, by adding before the word "real" the word "licensed or
certified"
On motion of Representative Marshall (133), House Substitute Amendment No. 1
for House Amendment No. 1 to House Amendment No. 5 was adopted by the
following vote:
AYES: 115
Akin Alter Backer Ballard Barnett 4
Bartelsmeyer Bennett 15 Boatright Bray 84 Broach
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniels 41 Davis Donovan
Edwards-Pavia Elliott Enz Evans Farmer
Farnen Fiebelman Fitzwater Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Hall
Hand Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hohulin Howerton Jacob Kasten Kauffman
Kelley 47 Kreider Lakin Leake Legan
Levin Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murray 135 Naeger Nordwald
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford Richardson Ridgeway
Robirds Ross Sallee Schilling Schwab
Scott Shear 83 Shelton 57 Shields Sombart
Steen Summers Surface Tate Thomason 163
Troupe Van Zandt Vogel Wannenmacher Whiteside
Wieland Wiggins Williams 159 Wooten Mr. Speaker
NOES: 038
Auer Barry 100 Bland Bonner Daniel 42
Days Dougherty Foley Gross Gunn
Hagan-Harrell Harlan Heckemeyer Hickey Hosmer
Keeven Kelly 27 Kissell Klumb Koller
Liese May 108 Murphy Murray 69 O'Connor
O'Neill O'Toole Reynolds Rizzo Scheve
Sheldon 104 Skaggs Smith Stokan Stoll
Treadway Williams 121 Witt
PRESENT: 000
ABSENT WITH LEAVE: 009
Boucher Brown Goward Hoppe Ribaudo
Sears 1 Secrest Thompson 37 Ward
VACANCY: 001
House Amendment No. 5, as amended, was withdrawn.
On motion of Representative Hartzler (123), SB 664, as amended, was read the
third time and passed by the following vote:
AYES: 147
Akin Alter Auer Backer Ballard
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Bray 84 Broach Burton Canuteson Carter
Champion Childers Chrismer Cierpiot Clayton
Cooper Copeland Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Dougherty
Edwards-Pavia Elliott Enz Evans Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hall Hand Harlan Hartzler 123 Hartzler 124
Hegeman Hendrickson Hickey Hohulin Hosmer
Howerton 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 Monaco
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
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Tate Thomason 163 Treadway
Troupe Van Zandt Vogel Wannenmacher Whiteside
Wieland Wiggins Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 004
Barnett 4 Gunn Hagan-Harrell Heckemeyer
PRESENT: 000
ABSENT WITH LEAVE: 011
Bland Boucher Brown Farmer Goward
Hoppe Jacob Ribaudo Secrest Thompson 37
Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Farnen, title to the bill was agreed to.
Representative Dougherty moved that the vote by which the bill passed be
reconsidered.
Representative Copeland moved that motion lay on the table.
The latter motion prevailed.
HCS SB 888, with HS, as amended, and House Amendment No. 16, pending, relating
to sales/use tax, was again taken up by Representative Jacob.
On motion of Representative Williams (159), House Amendment No. 16 was
adopted.
Representative Marshall (26) offered House Amendment No. 17.
House Amendment No. 17
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 6, section
144.020, line 2, by inserting after the word "property", the following: "except as provided in
subsection 3 of this section,"; and
Further amend said bill, page 9, section 144.020, line 1, by inserting after said line the
following:
"3. There shall be a tax equivalent to two and one-half percent of the purchase price paid or
charged for food sold at retail business. For the purposes of this section, the term "food"
shall include only those articles of food which are authorized under the federal food stamp
program to be purchased with food stamps."; and
Further amend said bill, page 23, section 144.030, line 19, by inserting after said line the
following:
"144.140. 1. From every remittance to the director of revenue made on or before the date when
the same becomes due, the person required to remit the same shall be entitled to deduct and
retain an amount equal to two percent thereof.
2. Any person who is required to collect and remit the tax imposed in subsection 3 of section
144.020 shall be allowed to retain, in addition to the amount in subsection 1 of this section,
two percent of the portion of the tax collected pursuant to subsection 3 of section 144.020
that is not held and distributed in the manner provided in section 144.701 and section
163.031, RSMo."; and
Further amend said bill, page 25, section A, lines 7 and 8, by deleting said lines and
inserting in lieu thereof the following:
Section B. Because immediate action is necessary to stimulate the economy of this state,
section A of this act is deemed necessary for the immediate preservation of the public health,
welfare, peace and safety and is hereby declared to be an emergency act within the meaning of
the constitution, and section A of this act shall become effective upon its passage and
approval by the governor or on July 1, 1996, whichever occurs later.; and
Further amend said bill by amending the title and enacting clause accordingly.
Representative Jacob offered House Substitute Amendment No. 1 for House
Amendment No. 17.
House Substitute Amendment No. 1
for
House Amendment No. 17
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, Section
A, Line 4 by inserting after said line the following:
"143.124. 1. Notwithstanding other provisions of law to the contrary [notwithstanding], the
total amount of all annuities, pensions, or retirement allowances above the amount of six
thousand dollars annually provided by any law of this state, the United States, or any other
state to any person, or the total amount of all annuities, pensions or retirement allowances
above the amount of two thousand dollars for tax years beginning on or after January 1, 1998,
but before January 1, 1999, and above the amount of four thousand dollars for tax years
beginning on or after January 1, 1999, but before January 1, 2000, and above the amount of six
thousand dollars for tax years beginning on or after January 1, 200, provided to any person
through any privately funded annuity, pension or retirement allowance, except as provided in
subsection 4 of this section, shall be subject to tax [under] pursuant to the provisions of
this chapter, in the same manner, to the same extent and under the same conditions as any
other taxable income received by the person receiving it. For purposes of this section,
annuity, pension, or retirement allowance shall be defined as an annuity, pension or
retirement allowance provided by the United States, this state, any other state or any
political subdivision or agency or institution of this or any other state or an annuity,
pension or retirement allowance provided by any privately funded source.
2. For the period beginning July 1, 1989, and ending December 31, 1989, there shall be
subtracted from Missouri adjusted gross income for that period, determined pursuant to section
143.121, the first three thousand dollars of retirement benefits received by each taxpayer if
the following requirements are satisfied:
(1) [If] The taxpayer's filing status is single, head of household or qualifying widow(er) and
his Missouri adjusted gross income is less than twelve thousand five hundred dollars; or
(2) [If] The taxpayer's filing status is married filing combined and their combined Missouri
adjusted gross income is less than sixteen thousand dollars; or
(3) [If] The taxpayer's filing status is married filing separately and his Missouri adjusted
gross income is less than eight thousand dollars.
3. For the tax years beginning on or after January 1, 1990, there shall be subtracted from
Missouri adjusted gross income, determined pursuant to section 143.121, the first six thousand
dollars of retirement benefits received by each taxpayer from sources other than privately
funded sources, and for tax years beginning on or after January 1, 1998, there shall be
subtracted from Missouri adjusted gross income, determined pursuant to section 143.143, the
first two thousand dollars of retirement benefits received from privately funded sources for
tax years beginning on or after January 1, 1998, but before January 1, 1999, and the first
four thousand dollars of retirement benefits received form privately funded sources for tax
years beginning on or after January 1, 1999, but before January 1, 2000, and the first six
thousand dollars of retirement benefits received from privately funded sources for tax years
beginning on or after January 1, 2000, if the following requirements are satisfied:
(1) [If] The taxpayer's filing status is single, head of household or qualifying widow(er) and
[his] the taxpayer's Missouri adjusted gross income is less than twenty-five thousand dollars;
or
(2) [If] the taxpayer's filing status is married filing combined and their combined Missouri
adjusted gross income is less than thirty-two thousand dollars; or
(3) [If] the taxpayer's filing status is married filing separately and [his] the taxpayer's
Missouri adjusted gross income is less than sixteen thousand dollars.
4. To determine the maximum Missouri adjusted gross income limits referenced in this section,
any social security benefits included in Missouri adjusted gross income shall be subtracted.
But social security benefits shall not be subtracted for purposes of other computations
[under] pursuant to this chapter, and are not to be considered as retirement benefits for
purposes of this section.
5. The provisions of subdivisions (1) and (2) of subsection 3 of this section shall applyor
during all tax years in which the federal Internal Revenue Code provides exemption levels foror
calculation of the taxability of social security benefits that are the same as the levels inor
subdivisions (1) and (2) of subsection 3 of this section. If the exemption levels for theor
calculation of the taxability of social security benefits are adjusted by applicable federalor
law or regulation, the exemption levels in subdivisions (1) and (2) of subsection 3 of thisor
section shall be accordingly adjusted to the same exemption levels.
6. For each tax year beginning on or after January 1, 1990, the portion of a taxpayer's lump
sum distribution from an annuity or other retirement plan not otherwise included in Missouri
adjusted gross income as calculated [under] pursuant to this chapter, but subject to taxation
[under] pursuant to Internal Revenue Code section 402 shall be taxed in an amount equal to ten
percent of the taxpayer's federal liability on such distribution for the same tax year.
7. The exemptions provided for in this section shall not affect the calculation of the income
to be used to determine the property tax credit provided in sections 135.010 to 135.035, RSMo.
8. The provisions of this section shall apply to all other annuities, pensions and retirement
allowances as subsequently defined and provided by law for tax years beginning on or after
January 1, 1991."; and
Further amend said bill, Page 9, Section 144.020, Line 1 by inserting after said line the
following:
"144.022. To comply with the limitations established in sections 16 and 18 of article of the
Missouri constitution, the governor may require the director of revenue to suspend collection
of a portion of the state sales and use tax. The portion so suspended may be up to, but not in
excess of, three percent of the purchase price paid or charged for food sold at retail
businesses which are authorized as participants in the federal food stamp program, except that
beginning of this section, the term "food" shall include only those articles of food which are
authorized under the federal food stamp program to be redeemable for food stamps. During any
fiscal year in which the commissioner of administration certifies that total state revenue are
reasonably projected to be in excess of the limitation established in sections 16 and 18 of
article X of the Missouri constitution, the governor, by executive order, shall direct and
specify the amount of sales and us tax collections which the director shall suspend. Other
laws to the contrary notwithstanding, the director of revenue shall suspend collection of the
amount directed by an executive order issued pursuant to this section. The tax collected on
transactions shall be proportionately reduced during the period the executive order issued
pursuant to this section is in effect. Any suspension in the state sales and use tax
collections shall continue for the period deemed necessary in the executive order to comply
with the limitations established in sections 16 and 18 of article X of the Missouri
constitution but shall not extend past the fiscal year in which the executive order was
issued."; and
Further amend said bill, Page 23, Section 144.030, Line 19 by inserting after said line the
following:
"144.140. 1. From every remittance to the director of revenue made on or before the date when
the same becomes due, the person required to remit the same shall be entitled to deduct and
retain an amount equal to two percent thereof.
2. Any person who is required to collect and remit the tax of which a portion may be suspended
pursuant to section 144.022 shall be allowed to retain, in addition to the amount in
subsection 1 of this section, two percent of the portion of the remaining tax subsequent to a
suspension pursuant to section 144.022 that is not held and distributed in the manner provided
in section 144.701 and section 163.031, RSMo."; and
Further amend said bill, Page 25, Section B, Lines 7 and 8 by deleting said lines and
inserting in lieu thereof the following:
Section B. Because immediate action is necessary to stimulate the economy of this state,
section A of this act is deemed necessary for the immediate preservation of the public health,
welfare, peace and safety and is hereby declared to be an emergency act within the meaning of
the constitution, and section A of this act shall become effective upon its passage and
approval by the governor or on July 1, 1996, whichever occurs later.; and
Further amend said bill by amending the title and enacting clause accordingly.
Representative Shields raised a point of order that House Substitute Amendment
No. 1 for House Amendment No. 17 is not a true substitute.
The Chair ruled the point of order not well taken.
Representative Lograsso requested a division of the question.
The Chair ruled the division of the question inappropriate.
Representative Kelley (47) raised a point of order that House Substitute
Amendment No. 1 for House Amendment No. 17 goes beyond the scope of the bill.
The Chair ruled the point of order untimely.
Representative Witt assumed the Chair.
Representative Akin offered House Substitute Amendment No. 1 for House
Substitute Amendment No. 1 for House Amendment No. 17.
Representative Jacob raised a point of order that House Substitute Amendment
No. 1 for House Substitute Amendment No. 1 for House Amendment No. 17 is in
the third degree.
Representative Witt requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
On motion of Representative Jacob, House Substitute Amendment No. 1 for House
Amendment No. 17 was adopted by the following vote:
AYES: 084
Auer Backer Barry 100 Bland Bonner
Boucher Bray 84 Canuteson Carter Clayton
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Dougherty Farmer Farnen
Fiebelman Fitzwater Foley Franklin Gratz
Green Gunn Hagan-Harrell Harlan Hartzler 124
Heckemeyer Hickey Hosmer Jacob Kelly 27
Kissell Klumb Koller Kreider Lakin
Leake Liese Luetkenhaus Lumpe Marshall 26
May 108 Mays 50 McLuckie Monaco Montgomery
Morgan Murray 69 O'Connor O'Neill O'Toole
Overschmidt Pauley Prost Relford Reynolds
Ribaudo Rizzo Scheve Schilling Sears 1
Shear 83 Sheldon 104 Shelton 57 Skaggs Smith
Stokan Stoll Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Ward Wiggins
Williams 121 Williams 159 Witt Mr. Speaker
NOES: 072
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Broach Burton Champion
Childers Chrismer Cierpiot Cooper Donovan
Edwards-Pavia Elliott Enz Evans Foster
Froelker Garnett Gaskill Gibbons Graham
Griesheimer Gross Hall Hand Hartzler 123
Hegeman Hendrickson 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 Shields Sombart Steen
Summers Surface Vogel Wannenmacher Whiteside
Wieland Wooten
PRESENT: 000
ABSENT WITH LEAVE: 006
Brown Ford Goward Hoppe McBride
Secrest
VACANCY: 001
The Speaker resumed the Chair.
Representative Jacob requested verification of Roll Call No. 9.
Representative Ribaudo moved the previous question.
Which motion was defeated by the following vote:
AYES: 022
Auer Bland Bonner Boucher Clayton
Davis Foley Green Gunn Hagan-Harrell
Hickey Klumb O'Neill O'Toole Pauley
Ribaudo Rizzo Scheve Sheldon 104 Stokan
Troupe Witt
NOES: 134
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bray 84
Broach Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Cooper Copeland
Crum 112 Crump 152 Daniels 41 Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Griesheimer Gross Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hohulin Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelley 47 Kelly 27 Kissell 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 Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald Oetting Ostmann Overschmidt
Pouche Prost Pryor Relford Reynolds
Richardson Ridgeway Robirds Ross Sallee
Schilling Schwab Scott Sears 1 Shear 83
Shelton 57 Shields Skaggs Smith Sombart
Steen Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Van Zandt Vogel
Wannenmacher Ward Whiteside Wieland Wiggins
Williams 121 Williams 159 Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 006
Brown Daniel 42 Ford Goward O'Connor
Secrest
VACANCY: 001
Representative Kreider offered House Amendment No. 18.
House Amendment No. 18 was withdrawn.
Representative Mays (50) offered House Amendment No. 18.
House Amendment No. 18
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 1, section
A, line 4, by inserting after said line the following:
92.045. 1. Any [constitutional charter] city in this state [which now has or may hereafter
acquire a population in excess of three hundred fifty thousand inhabitants, according to the
last federal decennial census,] is hereby authorized, for city and local purposes, to license,
tax, and regulate the occupation of merchants, manufacturers, and all businesses, avocations,
pursuits, and callings that are not exempt from the payment of licenses by law and may, by
ordinance, base such licenses on gross receipts, gross profits or net profits, per capita,
flat fee, graduated scale based on gross or net receipts or sales, or any other method or
measurement of tax or any combination thereof derived or allocable to the carrying on or
conducting of any business, avocation, pursuits or callings or activities carried on in such
cities.
2. The local legislative body may grant by ordinance to its administering tax official the
power to adopt regulations and rules relating to any matters pertaining to the administration
and enforcement of any ordinances enacted in accordance with the authority heretofore given.
Copies of such regulations and rules shall be kept in the office of such tax official
designated in such ordinance and shall be open to inspection by the public. Said regulations
or rules may be changed or amended from time to time."; and
Further amend said bill, by amending the title and enacting clause accordingly.
On motion of Representative Mays (50), House Amendment No. 18 was adopted.
Representative Naeger offered House Amendment No. 19.
House Amendment No. 19
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 17,
section 18, line 13, by inserting after the word "including", "medical oxygen",
On motion of Representative Naeger, House Amendment No. 19 was adopted.
Representative Hosmer offered House Amendment No. 20.
House Amendment No. 20
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, Page 1, In the
Title, Line 6, by deleting the word "seven" and inserting in lieu thereof the word "eight";
and
Further amend said bill, Page 1, Section A, Line 3, by deleting the word "seven" and inserting
in lieu thereof the word "eight"; and
Further amend said bill, Page 1, Section A, Lines 3 and 4, by deleting the word and number
"and 2" and inserting in lieu thereof the following: ", 2 and 3"; and
Further amend said bill, Page 30, Section 2, Line 8, by inserting after all of said line the
following:
"Section 3. 1. If any person who is eligible to receive a refund of motor fuel tax because
such fuel was sold for off-road use by such vehicles including, but not limited to,
motorcycles, all-terrain vehicles, three wheelers and four-wheel drives fails to apply for a
refund as provided in section 142.230, RSMo, such person is deemed to make a gift of such
motor fuel tax refund to the recreational trails fund.
2. There is hereby created in the state treasury the "Recreational Trails Fund" for the
purpose of establishing and maintaining trails for motorized and nonmotorized use. The motor
fuel tax on fuel sold for off-road use which accrues in any calendar month shall be paid on or
before the last day of the next succeeding month to the director of revenue, who shall
promptly deposit all such revenue in the state treasury to the credit of the recreational
trails fund. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, money in
the recreational trails fund shall not revert to the credit of the general revenue fund at the
end of any biennium.".
Representative Hosmer moved that House Amendment No. 20 be adopted.
Which motion was defeated.
Representative Kreider offered House Amendment No. 21.
House Amendment No. 21
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 9, section
144.025, line 5, by deleting "in this chapter"; and
Further amend said bill, page 9, section 144.025, line 17, by deleting "under this chapter".
On motion of Representative Kreider, House Amendment No. 21 was adopted.
Representative Bennett offered House Amendment No. 22.
Representative Jacob raised a point of order that House Amendment No. 22 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Witt offered House Amendment No. 22.
House Amendment No. 22
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, by adding to
the end of said bill the following:
143.782. As used in sections 143.782 to 143.788, unless the context clearly requires
otherwise, the following terms shall mean and include:
(1) "Debt", any sum due and legally owed to any state agency which has accrued through
contract, subrogation, tort, or operation of law regardless of whether there is an outstanding
judgment for that sum, or any support obligation which is being enforced by the division of
family services on behalf of a person who is receiving support enforcement services pursuant
to section 454.425, RSMo;
(2) "Debtor", any individual, sole proprietorship, partnership, corporation or other legal
entity owing a debt;
(3) "Department", the department of revenue of the state of Missouri;
(4) "Refund", the Missouri income tax refund which the department determines to be due any
taxpayer [under] pursuant to the provisions of this chapter. The amount of a refund shall not
include any senior citizens property tax credit provided by sections 135.010 to 135.035, RSMo;
and
(5) "State agency", any department, division, board, commission, office, or other agency of
the state of Missouri, including public community college districts.;
Further amend the title and enacting clause accordingly.
Representative Akin raised a point of order that House Amendment No. 22 goes
beyond the scope of the bill.
The Chair ruled the point of order untimely.
On motion of Representative Witt, House Amendment No. 22 was adopted.
Representative Bartelsmeyer offered House Amendment No. 23.
House Amendment No. 23
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 17,
section 144.030, line 9, by inserting after the word "insulin" the words ", syringes used for
medical purposes".
On motion of Representative Bartelsmeyer, House Amendment No. 23 was adopted.
Representative Pouche offered House Amendment No. 24.
House Amendment No. 24
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 23,
section 144.030, lines 13 and 14, by striking out the words "of at least four integrated
facilities".
On motion of Representative Pouche, House Amendment No. 24 was adopted.
Representative McClelland offered House Amendment No. 25.
House Amendment No. 25
Amend House Substitute for House Committee Substitute for Senate Bill No. 888, Page 23,
Section 144.030, Line 19 by inserting after said line the following:
"Section 1. On any refund of taxes pursuant to the Missouri supreme court ruling on March 26,
1996, relating to the unconstitutionality of section 144.748, RSMo, the state shall reduce the
withholdings of future distributions of taxes pursuant to section 144.749, RSMo, by any amount
paid for interest pursuant to section 32.065, RSMo. on such refunds over four percent per
annum. All monies refunded as interest payments on such refunds in excess of four percent per
annum shall be taken from funds required to be set aside pursuant to section 144.200, RSMo.";
and
Further amend said bill by amending the title and enacting clause accordingly.
Representative Jacob raised a point of order that House Amendment No. 25 is
amending previously amended material.
Representative Jacob raised a second point of order that House Amendment No.
25 goes beyond the scope of the bill.
The Chair ruled the points of order not well taken.
Representative McClelland moved that House Amendment No. 25 be adopted.
Which motion was defeated by the following vote:
AYES: 075
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Broach Burton Champion
Childers Chrismer Cierpiot Cooper Copeland
Donovan Edwards-Pavia Elliott Enz Evans
Foster Froelker Garnett Gaskill Graham
Griesheimer Gross Hall Hand Harlan
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin
Hoppe 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
Shields Sombart Steen Summers Surface
Vogel Wannenmacher Whiteside Wieland Wooten
NOES: 080
Auer Backer Barry 100 Bland Bonner
Boucher Bray 84 Canuteson Carter Clayton
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Dougherty Farmer Farnen Fiebelman
Fitzwater Foley Ford Franklin Gratz
Green Gunn Hagan-Harrell Heckemeyer Hickey
Hosmer Jacob Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Liese
Luetkenhaus Lumpe Marshall 26 May 108 Mays 50
McBride McLuckie Monaco Montgomery Morgan
Murray 69 O'Connor O'Neill O'Toole Overschmidt
Pauley Prost Relford Reynolds Rizzo
Scheve Schilling Sears 1 Shear 83 Shelton 57
Skaggs Smith Stokan Stoll Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Wiggins Williams 121 Williams 159 Witt Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 007
Brown Gibbons Goward Ribaudo Secrest
Sheldon 104 Ward
VACANCY: 001
Representative Akin offered House Amendment No. 26.
House Amendment No. 26
AMEND House Substitute for House Committee Substitute for Senate Bill No. 888, page 25,
section 144.030, line 9, section B, by adding to end of section (at bottom of page) other
provisions of this bill notwithstanding. That at the next general election to be held in the
state of Missouri, on Tuesday next following the first Monday in November, 1996, or at a
special election to be called by the governor for that purpose, there is hereby submitted to
the qualified voters of this state, for adoption or rejection, the following ballot question
which shall include, but not be limited to, this language: "Shall the state of Missouri repeal
the state general sales tax on food?"
On motion of Representative Akin, House Amendment No. 26 was adopted by the
following vote:
Seventy-third Day-Monday, May 13, 1996
AYES: 152
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Graham Gratz
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey 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 Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Neill O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Ribaudo Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schwab
Scott Sears 1 Shear 83 Sheldon 104 Shields
Skaggs Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Wiggins Williams 121 Williams 159
Wooten Mr. Speaker
NOES: 002
Green Shelton 57
PRESENT: 000
ABSENT WITH LEAVE: 008
Brown Gibbons Goward Schilling Secrest
Thompson 37 Ward Witt
VACANCY: 001
Representative Kelley (47) offered House Amendment No. 27.
Representative Jacob raised a point of order that House Amendment No. 27 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Murphy offered House Amendment No. 27.
Representative Jacob raised a point of order that House Amendment No. 27 is
amending previously amended material.
The Chair ruled the point of order well taken.
On motion of Representative Jacob, HS HCS SB 888, as amended, was adopted 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
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey 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 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Neill O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Ribaudo Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Shear 83 Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Steen Stokan Stoll Summers Surface
Tate Thomason 163 Treadway Van Zandt Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 001
Marshall 133
PRESENT: 000
ABSENT WITH LEAVE: 007
Brown Gibbons Goward Secrest Thompson 37
Troupe Ward
VACANCY: 001
On motion of Representative Jacob, HS HCS SB 888, as amended, was read the
third time and passed by the following vote:
AYES: 149
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Bray 84 Broach Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Garnett
Gaskill Graham Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hall Hand
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey 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 Marble Marshall 26 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Neill O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford Reynolds Ribaudo Richardson
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Sears 1
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Tate Thomason 163 Treadway
Van Zandt Vogel Wannenmacher Wieland Wiggins
Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 001
Marshall 133
PRESENT: 000
ABSENT WITH LEAVE: 012
Boucher Brown Froelker Gibbons Goward
Lumpe Secrest Thompson 37 Troupe Ward
Whiteside Witt
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Reynolds, title to the bill was agreed to.
Representative Lakin moved that the vote by which the bill passed be
reconsidered.
Representative Kreider 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 refuses to concur in HA 1, HA 2, HA 1 to HA 3,
HA 3, as amended and HA 4 to SB 664 , and requests that the House recede from
its position or, failing to do so, grant the Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SS SCS HB 974 and has taken up and passed CCS SS SCS HB
974.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SS SCS HS HCS HBs
1207, 1288, 1408 and 1409, entitled:
An act to repeal section 261.105, RSMo Supp. 1995, relating to agriculture,
and to enact in lieu thereof fifteen new sections relating to the same
subject, with an emergency clause and an expiration date for certain sections.
With Senate Substitute Amendment No. 1 for Senate Amendment No. 1, Senate
Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate
Amendment No. 5.
Senate Substitute Amendment No. 1
for
Senate Amendment No. 1
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, page 3, Section 640.703,
Line 8 of said page, by striking the semicolon ";" and inserting in lieu thereof a period ".";
and further amend lines 9-14, by striking all of line 9 after "Sensitive areas," and all of
lines 10-13 and "(c)" on line 14, and further strike "; and" on line 17 and lines 18-19; and
Further amend said bill, pages 3-4, section 640.705, by striking all of said section; and
Further amend said bill, page 8, section 640.730, lines 17-18 of said page, by striking the
following: "and any other waste material storage facility"; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 2
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 1, Section A, Line
5, by inserting immediately after said line the following:
"65.652. Such township planning commission shall consist of the township trustee, the
commissioner of the county commission who represents the township, one member of the township
board selected by the township board, and one resident [freeholder] appointed by the township
board from the unincorporated part of the township for a term of four years or until his
successor takes office. The terms of all other members shall be only for the duration of their
tenure of official position. All members of the township planning commission shall serve as
such without compensation, except that an attendance fee as reimbursement for expenses, for
not to exceed two meetings per month, may be paid to the [freeholder] resident member of the
planning commission in an amount, as set by the township board, not to exceed fifteen dollars
for each meeting. The planning commission shall elect its chairman who shall serve for one
year.
65.690. 1. Any township board which appointed a township planning or township zoning
commission and which has adopted a zoning plan, as provided in sections 65.650 to 65.700,
shall appoint a township board of zoning adjustment. The board shall consist of five
[freeholders] residents, not more than one of whom may be a member of the township planning
commission or the township zoning commission. The membership of the first board appointed
shall serve respectively: one for one year, one for two years, one for three years, two for
four years. Thereafter, members shall be appointed for terms of four years each. Members shall
be removable for cause by the township board upon written charges and after public hearings.
Vacancies shall be filled by the township board for the unexpired term of any member whose
term becomes vacant. Members of the board shall serve without compensation, but may be
reimbursed for expenses incurred for attendance at not more than four meetings per year in an
amount to be set by the township board, not to exceed ten dollars per meeting. The board of
zoning adjustment shall elect its own chairman and shall adopt rules of procedure consistent
with the provisions of the zoning regulations and the provisions of sections 65.650 to 65.700.
The chairman, or in his absence the acting chairman, may administer oaths and compel the
attendance of witnesses. All meetings of the board of zoning adjustment shall be open to the
public, and minutes shall be kept of all proceedings and official actions, which minutes shall
be filed in the office of the board and shall be a public record. Appeals to the board of
zoning adjustment may be taken by any owner, lessee or tenant of land, or by a public officer,
department, board or bureau, affected by any decision of the administrative officer in
administering a township zoning rule. Such appeals shall be taken within a period of not more
than three months, and in the manner provided by the rules stay all proceedings in furtherance
of the action appealed from, unless the officer from whom the appeal is taken shall certify to
the board that by reason of facts stated in the certificate a stay would, in his opinion,
cause imminent peril to life or property. The board of adjustment shall have the following
powers and it shall be its duty:
(1) To hear and decide appeals where it is alleged there is error of law in any order,
requirement, decision or determination made by an administrative official in the enforcement
of the township zoning regulations;
(2) To hear and decide all matters referred to it or which it is required to determine under
the zoning regulations adopted by the township board as herein provided;
(3) Where, by reason of exceptional narrowness, shallowness, shape of topography or other
extraordinary or exceptional situation or condition of a specific piece of property, the
strict application of any regulation adopted under sections 65.650 to 65.700 would result in
peculiar and exceptional difficulties to or exceptional and demonstrable undue hardship upon
the owner of the property as an unreasonable deprivation of use as distinguished from the mere
grant of a privilege, to authorize, upon an appeal relating to the property, a variance from
the strict application so as to relieve the demonstrable difficulties or hardships, provided
the relief can be granted without substantial detriment to the public good and without
substantially impairing the intent, purpose, and integrity of the zone plan as embodied in the
zoning regulations and map.
2. In exercising the above powers, the board may reverse or affirm wholly or partly, or may
modify the order, requirement, decision or determination appealed from and may make such
order, requirement, decision or determination as ought to be made, and to that end shall have
all the powers of the officer from whom the appeal is taken. Any owners, lessees or tenants of
buildings, structures or land jointly or severally aggrieved by any decision of the board of
adjustment may appeal to the township board for review. Any person aggrieved by a decision of
the township board may present to the circuit court of the county in which the property
affected is located, a petition, duly verified, stating that the decision is illegal in whole
or in part, specifying the grounds of the illegality and asking for relief therefrom. Upon the
presentation of the petition, the court shall allow a writ of certiorari directed to the board
of adjustment or the township board, respectively, of the action taken and data and records
acted upon, and may appoint a referee to take additional evidence in the case. The court may
reverse or affirm or may modify the decision brought up for review. After entry of judgment in
the circuit court in the action in review, any party to the cause may prosecute an appeal to
the appellate court having jurisdiction in the same manner now or hereafter provided by law
for appeals from other judgments of the circuit court in civil cases."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 3
AMEND Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 2, Section 640.703,
Line 24, by inserting immediately after said line, the following:
"(1) "Animal units", shall be defined by rules of the department in effect as of January 30,
1996;"; and
Further amend said section, page 3, line 2, by inserting immediately after said line, the
following:
"(2) "Class IA, any operation with a capacity in excess of seven thousand animal units;
(3) "Class IB, any operation with a capacity of four thousand animal units to six thousand
nine hundred and ninety-nine animal units;
(4) "Class IIA", any operation with a capacity of at least one thousand animal units to three
thousand nine hundred and ninety-nine animal units;
(5) "Class IIB", any operation with a capacity of at least three hundred animal units to nine
hundred ninety-nine animal units;"; and
Further amend said section, by numbering all subdivisions correctly.
Senate Amendment No. 4
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 6, Section 640.715,
Line 15, by inserting immediately after "information" the following: "to the county governing
body and".
Senate Amendment No. 5
Amend Senate Substitute for Senate Committee Substitute for House Substitute for House
Committee Substitute for House Bills Nos. 1207, 1288, 1408 and 1409, Page 4, Section 640.705,
Line 11 of said page, by deleting the word "and" on said line; and further on line 18 of said
page, by deleting the period "." and inserting in lieu thereof "; and
(4) The provisions of this section shall terminate three years after the effective date of
this section.".
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 passed SCS HCS HB 999,
entitled:
An act to repeal sections 334.735 and 334.745 RSMo 1994, and sections 334.500
and 334.740, RSMo Supp. 1995, relating to licensing and regulating certain
health care professionals, and to enact in lieu thereof twenty-eight new
sections relating to the same subject, with penalty provisions.
With Senate Amendment No. 1 to Senate Amendment No. 1, Senate Amendment No. 1
as amended, Senate Amendment No. 2, Senate Amendment No. 5, Senate Amendment
No. 7.
Senate Amendment No. 1
to
Senate Amendment No. 1
AMEND Senate Amendment No. 1 to Senate Committee Substitute for House Committee Substitute for
House Bill No. 999, by adding at the end the following new sentence:
"No licensed physical therapist shall have under their direct supervision more than four (4)
physical therapist assistants."
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page
2, Section 334.650, Line 1, by inserting before the word "After" the number "1."; and
Further amend said bill, Page 2, Section 334.650, Line 3, by inserting after all of said line
the following:
"2. A licensed physical therapist shall direct and supervise a physical therapist assistant at
all times. The licensed physical therapist shall have the responsibility of supervising the
physical therapy treatment program. No physical therapist may establish a treating office in
which the physical therapist assistant is the primary care provider.".
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page
1, Section A, Line 6 by inserting immediately after said line, the following:
"334.123. The board shall elect its own president and secretary, each to serve for a term of
one year, and shall maintain an office and employ an executive director and such other board
personnel, as defined in section 620.010, RSMo, as the board in its discretion deems
necessary. Without limiting the foregoing, the board is specifically authorized to obtain the
services of specially trained and qualified persons or organizations to assist in conducting
examinations of applicants for licenses and may employ legal counsel. The executive director
shall have the degree of Bachelor of Arts or [its] the equivalent [in college credits]
combination of education and experience from which comparable knowledge and abilities can be
acquired. The board shall meet annually in Jefferson City and at such other times and places
as the members of the board may designate, and shall keep a record of its proceedings and
shall cause a register to be kept of all applicants for certificates of licensure. The records
and register shall be prima facie evidence of all matters recorded therein. Four members of
the board shall constitute a quorum, at least one of whom shall be a graduate of a
professional school approved and accredited as reputable by the American Medical Association
or the Liaison Committee on Medical Education, and at least one of whom shall be a graduate of
a professional school approved and accredited as reputable by the American Osteopathic
Association."; and
Further amend said bill, pages 27-28, section 15, lines 1-43, by deleting all of said lines";
and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 5
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Pages
19-20, Section 7, Lines 1-50 by striking all of said lines and inserting in lieu thereof the
following:
"Section 7. No rule or portion of a rule promulgated under the authority of sections 1 to 14
of this act shall become effective unless it has been promulgated pursuant to the provisions
of section 536.024, RSMo.".
Senate Amendment No. 7
Amend Senate Committee Substitute for House Committee Substitute for House Bill No. 999, Page
8, Section 334.735, Line 80 by inserting immediately after "attempt to practice" the
following:
"without physician supervision or";
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 passed HB 876, entitled:
An act to repeal sections 386.020 and 622.090, RSMo 1994, relating to the regulation of
certain transportation activities, and to enact in lieu thereof three new sections relating to
the same subject.
With Senate Amendment Nos. 1, 2 and 3.
Senate Amendment No. 1
AMEND House Bill No. 876, Page 9, Section 1, Line 49 by inserting immediately after said line
the following:
"Section 2. 1. The commissioners of the bi-state development agency may participate in a
committee or board meeting by means of conference telephone or other communication equipment
whereby all persons attending the meeting, including the general public, can hear and
communicate when appropriate. Participation in a committee or board meeting in this manner
shall constitute presence in person at the meeting. The committee or board meetings referenced
herein shall be considered public meetings subject to chapter 610, RSMo, and shall be
reasonably accessible to the public."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 2
AMEND House Bill No. 876, Page 1, In the Title, Line 3, by deleting the word "three" and
inserting in lieu thereof the word "four"; and
Further amend said bill, Page 1, Section A, Line 1, by deleting the word "three" and inserting
in lieu thereof the word "four"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the following: "622.090 and 1"
and inserting in lieu thereof the following: "622.090, 1 and 2"; and
Further amend said bill, Page 9, Section 1, Lines 23 through 28, by deleting all of said lines
and inserting in
lieu thereof the following:
"3. The division may contract with the bi-state development agency created by section 70.370,
RSMo, for safety consultation pursuant to the division's duties created by this section. Any
moneys paid pursuant to this subsection shall be deposited in the light rail safety fund
created in section 2 of this act."; and
Further amend said bill, Page 9, Section 1, Line 49, by inserting immediately after said line
the following:
"Section 2. Any moneys received by the division of transportation of the department of
economic development pursuant to subsection 3 of section 1 of this act shall be deposited in
the state treasury to the credit of the "Light Rail Safety Fund" which is hereby created. The
account shall be administered by the director of the division of transportation. When
appropriated the moneys in the fund shall be used solely for the purpose of paying the costs
of its duties pursuant to section 1 of this act. Notwithstanding the provisions of section
33.080, RSMo, to the contrary, moneys in the light rail safety fund at the end of any biennium
shall not be transferred to the credit of the general revenue fund.".
Senate Amendment No. 3
AMEND House Bill No. 876, Page 9, Section 1, Line 49 by inserting immediately following all of
said line the following:
"Section 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 detailed 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 accordingly.
In which the concurrence of the House is respectfully requested.
HOUSE BILLS WITH SENATE AMENDMENTS
HB 979, with Senate Committee Amendment No. 1, relating to property covenants
and easements, was taken up by Representative Crump (152).
Representative Crump (152) moved that the House refuse to concur in Senate
Committee Amendment No. 1 to HB 979 and request the Senate to recede from its
position or, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HS HB 1368, as amended, relating to unemployment compensation, was taken
up by Representative May (108).
Representative May (108) moved that the House refuse to adopt SCS HS HB 1368,
as amended, and request the Senate to recede from its position or, failing to
do so, grant the House a conference.
Which motion was adopted.
BILLS CARRYING REQUEST MESSAGES
SB 664, with House Amendment No. 1, House Amendment No. 2, House Amendment No.
1 to House Amendment No. 3, House Amendment No. 3, as amended, and House
Amendment No. 4, relating to real estate/insurance, was again taken up by
Representative Hartzler (123).
Representative Hartzler (123) moved that the House refuse to recede from its
position on House Amendment No. 1, House Amendment No. 2, House Amendment No.
1 to House Amendment No. 3, House Amendment No. 3, as amended, and House
Amendment No. 4 to SB 664 and grant the Senate a conference.
Which motion was adopted.
Representative May (108) moved that the House refuse to recede from its
position on HS HCS SS SB 560, as amended, and grant the Senate a conference.
Which motion was adopted.
THIRD READING OF SENATE BILLS
HCS SB 769, relating to crime victims compensation, was taken up by
Representative Canuteson.
Representative May (108) offered House Amendment No. 1.
Representative Lumpe raised a point of order that House Amendment No. 1 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Dougherty offered House Amendment No. 1.
Representative Lumpe raised a point of order that House Amendment No. 1 is not
germane to the bill.
The Chair ruled the point of order well taken.
Representative Barry offered House Amendment No. 1.
Representative Lumpe raised a point of order that House Amendment No. 1 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Witt offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Bill No. 769, page 2, section 595.045, line 2, by
deleting the word "fee" and inserting in lieu thereof the following: "[fee} surcharge"; and
Further amend said bill, page 2, section 595.045, line 3, by deleting all of said line and
inserting in lieu thereof the following: "in the state [for violation of a] in all criminal
[law] cases including violations of any county ordinance or any violation of criminal or
traffic laws of the state, including an infraction and violation of a"; and
Further amend said bill, page 2, section 595.045, line 4, by deleting the words "or county"
and inserting in lieu thereof the following: "[or county]"; and
Further maned said bill, page 2, section 595.045, line 4, by inserting after the word "that"
the following "["; and
Further amend said bill, page 2, section 595.045, line 6, by inserting after the words "safety
laws, and" the following: "]"; and
Further amend said bill, page 2, section 595.045, lines 8 through 9, by deleting all of said
lines and inserting in lieu thereof the following: "been dismissed by the court or when costs
are to be paid by the state, county, or municipality [on behalf of an indigent defendant. A
fee] A surcharge"; and
Further amend said bill, page 2, section 595.045, line 12, by deleting all of said line and
inserting in lieu thereof the following: "2. The moneys collected by clerks of the courts [,
except municipal clerks, under] pursuant to"; and
Further amend said bill, page 2, section 595.045, line 13, by deleting the word "paid" and
inserting in lieu thereof the following: "[paid} collected and disbursed"; and
Further amend said bill, page 3, section 595.045, line 14, by inserting after the word "RSMo"
the following: ", and shall be payable to the director of the department of revenue"; and
Further amend said bill, page 3, section 595.045, line 50, by inserting after the words "shall
be" the following: "["; and
Further amend said bill, page 4, section 595.045, line 52, by deleting all of said line and
inserting in lieu thereof the following: "(2)] Five percent of such moneys shall be [paid
into] payable monthly to the city treasury of the city from which such funds were collected.
[The director of revenue shall deposit"; and
Further amend said bill, page 4, section 595.045, line 58, by deleting the figure "(3)" and
inserting in lieu thereof the following: "The remaining ninety-five percent of such moneys
shall be payable monthly to the director of revenue."; and
Further amend said bill, page 4, section 595.045, line 60, by deleting the letter "(a)" and
inserting in lieu thereof the following: "(1)"; and
Further amend said bill, page 4, section 595.045, line 64, by deleting the letter "(b)" and
inserting in lieu thereof the following: "(2)"; and
Further amend said bill, page 4, section 595.045, line 71, by deleting the letter "(c)" and
inserting in lieu thereof the following: "(3)"; and
Further amend said bill, page 4, section 595.045, line 78, by inserting after the word
"auditor" the following: "and such audit shall include all records associated with crime
victims' compensation matters at all levels of the court administration and throughout any
state agency"; and
Further amend said bill, page 4, section 595.045, line 80, by inserting after the word
"judgment" the following: "in favor of the state of Missouri, payable monthly to the crime
victims' compensation fund."; and
Further amend said bill, page 5, section 595.045, line 102, by inserting after the word
"deposited" the following: "monthly".
On motion of Representative Witt, House Amendment No. 1 was adopted.
On motion of Representative Canuteson, HCS SB 769, as amended, was adopted.
On motion of Representative Canuteson, HCS SB 769, as amended, was read the
third time and passed by the following vote:
AYES: 149
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bland Boatright Bonner
Boucher Bray 84 Broach Burton Canuteson
Carter Champion Childers Chrismer Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Ford
Foster Franklin Froelker Garnett Gaskill
Graham Gratz Griesheimer Gross Gunn
Hagan-Harrell Hall Hand Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
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 Monaco Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Relford Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Shear 83 Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Steen Stokan Stoll Summers Surface
Tate Thomason 163 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Mr. Speaker
NOES: 001
O'Neill
PRESENT: 000
ABSENT WITH LEAVE: 012
Auer Bennett 15 Brown Foley Gibbons
Goward Green Ribaudo Secrest Thompson 37
Ward Wooten
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Morgan, title to the bill was agreed to.
Representative Troupe moved that the vote by which the bill passed be
reconsidered.
Representative Bland moved that motion lay on the table.
The latter motion prevailed.
SB 589, relating to public utilities, was taken up by Representative
Dougherty.
Representative Daniels offered House Amendment No. 1.
House Amendment No. 1
AMEND Senate Bill No. 589, 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 386.310, RSMo 1994,
relating to public utilities, and to enact in lieu thereof five new sections relating to the";
and
Further amend said bill, Page 1, Section A, Lines 1 through 2, by deleting all of said lines
and inserting in lieu thereof the following: "Section A. Section 386.310, RSMo 1994, is
repealed and five new sections enacted in lieu thereof, to be known as sections 386.310, 1, 2,
3 and 4, to read"; and
Further amend said bill, Page 3, Section 386.310, Line 64, by inserting after all of said line
the following:
"Section 1. As used in sections 1 to 4 of this act, the following terms mean:
(1) "Educational institution" or "institution":
(a) All institutions of higher education in this state which receive any funding from the
state, and all divisions and offices thereof; and
(b) All school districts which maintain any elementary or secondary school, and all divisions
and offices thereof;
(2) "Utility" or "utility service", electric, natural gas, water, sewer and local and long
distance telephone services, and energy conservation agreements.
Section 2. 1. Each educational institution shall keep all records, correspondence and copies
of utility bills for five years in complete and orderly form to facilitate the technical audit
required by sections 1 to 4 of this act.
2. Each educational institution shall be required to contract with an independent technical
Missouri-based auditing company knowledgeable of the specific tariffs of the various utility
and telecommunications providers operating within the state of Missouri.
3. Each independent technical auditing company utilized in the performance of the technical
audits required by sections 1 to 4 of this act shall meet a minimum set of requirements of
qualifications before performing an audit engagement. The state auditor shall prepare a
qualifications statement document that shall be used by all educational institutions to
determine the technical audit company's qualifications. The state auditor shall promulgate the
qualifications statement documents as a rule pursuant to the provisions of chapter 536, RSMo.
The institution performing the technical audit shall select the technical audit contractor.
Section 3. 1. Each technical audit performed pursuant to sections 1 to 4 of this act shall
seek to uncover errors and mistakes in the historical billing records of utility bills paid by
the institution over the preceding five-year period. The technical audit shall seek to uncover
nonconformance by the utility with the utility's tariff rates and rules and regulations and
result in overcharges to the institution.
2. The technical audit shall seek refunds or credits or both from the utility for all errors
and mistakes uncovered in performance of the technical audit. The technical audit shall seek
to reduce the monthly cost of utility billings. All cost reductions proposed shall be in the
form of recommendations by the contractor to the contracting institution. The institution may
accept or reject any cost reduction recommendation. The institution shall not accept any cost
reduction recommendation that has, as a requirement of that recommendation, an additional
cost, such as the purchase and installation or alteration of equipment, except in cases
relating to gas transportation. The cost reduction recommendations of the technical audit
shall be limited in scope to no out-of-pocket cost methods for achieving the cost reduction.
Cost reduction methods such as identification of better tariff rates, meter consolidations,
telecommunications inventory reconciliation and other types of no cost to the institution
methods of cost reduction shall be acceptable for the purpose of this section.
Section 4. 1. Each institution entering into a contract for the performance of a technical
audit shall acquire from the office of the state auditor a copy of the qualifications
statement document as prepared in accordance with section 2 of this act.
2. Each institution shall use the qualifications statement document as the basis of
determination that any prospective technical audit contractor is, in fact, qualified to
perform a technical audit.
3. All technical audits performed as a requirement of sections 1 to 4 of this act shall be
performed pursuant to written contingency-based payment contracts. Compensation to contractors
for performance of the technical audits shall be limited to a maximum payment of fifty percent
of the dollars or credits recovered for the institution as a direct result of the technical
audit. The compensation paid for cost reduction recommendations that the institution accepts
and implements shall be limited to fifty percent of the cost savings realized for one year
from the date the recommendations are implemented.
4. The institution may not implement a cost reduction recommendation that it has rejected for
a period of three years after such rejection.".
On motion of Representative Daniels, House Amendment No. 1 was adopted.
Representative Kreider offered House Amendment No. 2.
Representative Froelker raised a point of order that House Amendment No. 2
goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
On motion of Representative Dougherty, SB 589, as amended, was read the third
time and passed by the following vote:
AYES: 146
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Graham Gratz Griesheimer
Gross Gunn Hagan-Harrell Hall Hand
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hickey Hoppe Hosmer Howerton 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 Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Shear 83 Sheldon 104 Shelton 57 Shields
Skaggs Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wiggins Williams 121 Williams 159 Wooten
Mr. Speaker
NOES: 003
Hohulin O'Neill Wieland
PRESENT: 001
Hendrickson
ABSENT WITH LEAVE: 012
Auer Brown Gibbons Goward Green
Jacob Naeger Ribaudo Secrest Thompson 37
Ward Witt
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Boucher, title to the bill was agreed to.
Representative Barry moved that the vote by which the bill passed be
reconsidered.
Representative Hoppe moved that motion lay on the table.
The latter motion prevailed.
SB 525, with House Committee Amendment No. 1, relating to telecommunication
services, was taken up by Representative Backer.
On motion of Representative Backer, House Committee Amendment No. 1 was
adopted.
Representative Schilling offered House Amendment No. 1.
House Amendment No. 1
AMEND Senate Bill No. 525, page 5, section 209.259, line 14, by inserting after said line the
following:
"Section 1. Any telecommunications company which distributes a directory listing of
residential and commercial phone numbers and which is regulated by the Missouri public service
commission, shall be required to use a minimum print size as set by the Missouri public
service commission."; and
Further amend said bill by amending the title and enacting clause accordingly.
Representative Burton raised a point of order that House Amendment No. 1 goes
beyond the scope of the bill.
The Chair ruled the point of order not well taken.
Representative Schilling moved that House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 036
Barry 100 Bland Boucher Bray 84 Canuteson
Clayton Daniel 42 Days Dougherty Fitzwater
Franklin Garnett Gunn Hagan-Harrell Harlan
Hosmer Kelly 27 Klumb Leake Levin
Lumpe May 108 McLuckie Monaco Morgan
Murphy Relford Reynolds Schilling Shear 83
Skaggs Stokan Thompson 37 Van Zandt Whiteside
Wiggins
NOES: 113
Akin Alter Auer Backer Ballard
Barnett 4 Bartelsmeyer Bennett 15 Boatright Bonner
Broach Burton Carter Champion Childers
Chrismer Cierpiot Cooper Copeland Crum 112
Crump 152 Daniels 41 Davis Donovan Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Foley Ford Foster Froelker
Gaskill Graham Gratz Green Griesheimer
Gross Hall Hand Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Howerton Kasten Kauffman Keeven
Kelley 47 Kissell Koller Lakin Legan
Liese Linton Long Luetkenhaus Marble
Marshall 26 Marshall 133 Mays 50 McBride McClelland
Montgomery Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Richardson
Ridgeway Rizzo Robirds Ross Sallee
Schwab Scott Sears 1 Sheldon 104 Shelton 57
Shields Smith Sombart Steen Stoll
Summers Surface Tate Thomason 163 Troupe
Vogel Wannenmacher Wieland Williams 121 Williams 159
Witt Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 013
Brown Gibbons Goward Jacob Kreider
Lograsso Loudon O'Neill Ribaudo Scheve
Secrest Treadway Ward
VACANCY: 001
Representative Thompson (37) offered House Amendment No. 2.
Representative Hall raised a point of order that House Amendment No. 2 is not
germane to the bill.
The Chair ruled the point of order well taken.
Representative Thomason (163) offered House Amendment No. 2.
Representative Burton raised a point of order that House Amendment No. 2 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
On motion of Representative Backer, SB 525, as amended, was read the third
time and passed by the following vote:
AYES: 141
Akin Alter Auer Backer Ballard
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kelly 27 Kissell Klumb
Kreider Lakin Levin Liese Linton
Lograsso Long Loudon Luetkenhaus Lumpe
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Pryor Relford Reynolds
Richardson Ridgeway Rizzo Robirds Sallee
Scheve Schilling Schwab Sears 1 Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Surface
Thomason 163 Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Wiggins Williams 121 Williams 159
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 021
Barnett 4 Brown Gibbons Goward Koller
Leake Legan Marble O'Neill Prost
Ribaudo Ross Scott Secrest Summers
Tate Thompson 37 Treadway Ward Witt
Wooten
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Pauley, title to the bill was agreed to.
Representative Auer moved that the vote by which the bill passed be
reconsidered.
Representative Gratz moved that motion lay on the table.
The latter motion prevailed.
APPOINTMENT OF CONFERENCE COMMITTEES
The Speaker appointed the following Conference Committees to act with like
committees from the Senate on the following bills:
HCS HB 991: Representatives Koller, Bray, Van Zandt, Ostmann, Cooper
HS HCS SS SB 560: Representatives May (108), Sheldon (104), O'Toole,
Ross, Legan
SB 664: Representatives Hartzler (123), Copeland, Leake, Treadway,
Richardson
CONFERENCE COMMITTEE REPORT
ON HOUSE BILL NO. 905
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Bill No. 905, as amended, begs leave to
report that we, after 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:
1. That the House recede from its position on House Bill No. 905 and Senate
Committee Amendment No. 1 and Senate Amendment No. 1 to House Bill No. 905;
2. That the Senate recede from its position on House Bill No. 905 with Senate
Amendment No. 1, Senate Committee Amendment No. 1 and Senate Amendment No. 2;
3. That the attached Conference Committee Substitute be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Henry Rizzo /s/ Ronnie DePasco
/s/ Carson Ross /s/ Ed Quick
/s/ Pat Kelley /s/ Irene Treppler
/s/ May Scheve /s/ Bill McKenna
/s/ Charles Q. Troupe /s/ John T. Russell
ADJOURNMENT
On motion of Representative Backer, the House adjourned until 10:00 a.m.,
Tuesday, May 14, 1996.
Seventy-third Day-Monday, May 13, 1996
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Seventy-Second Day, Friday, May 10, 1996, page 21, by
deleting lines 6 and 7, and inserting in lieu thereof the following: "On
motion of Representative Smith, SB 676, as amended by the CCR, was truly
agreed to and finally passed by the following vote:"
Pages 3 and 4, roll call, by showing Representative Loudon voting "no" rather
than "absent with leave".
Pages 8 and 9, roll call, by showing Representative Richardson voting "aye"
rather than "absent with leave".
Pages 8 and 9, roll call, by showing Representative Barnett (4) voting "aye"
rather than "no".
Pages 15 and 16, roll call, by showing Representative May (108) voting
"present" rather than "aye".
Pages 16 and 17, roll call, by showing Representative May (108) voting
"present" rather than "aye".
Page 19, roll call, by showing Representatives Reynolds, Williams (159) and
Richardson voting "aye" rather than "absent with leave".
Page 21, roll call, by showing Representative Surface voting "aye" rather than
"absent with leave".
Page 21, roll call, by showing Representative Loudon voting "no" rather than
"absent with leave".
Pages 34 and 35, roll call, by showing Representative Surface voting "aye"
rather than "absent with leave".
Pages 35 and 36, roll call, by showing Representative Surface voting "aye"
rather than "absent with leave".
COMMITTEE MEETINGS
ACCOUNTS, OPERATIONS, AND FINANCE
Tuesday, May 14, 1996. Room 414 upon morning adjournment.
BUDGET
Tuesday, May 14, 1996, 8:30 am. Hearing Room 9. Executive Session.
To be considered - SB 869
TRAVEL COMMITTEE
Tuesday, May 14, 1996, 8:30 am. Hearing Room 5.
Seventy-third Day-Monday, May 13, 1996
HOUSE CALENDAR
SEVENTY-FOURTH DAY, TUESDAY, MAY 14, 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 BILLS FOR THIRD READING - INFORMAL
HB 782 - Stokan
SENATE BILLS FOR THIRD READING
1 SB 757 - Sears (1)
2 SB 526 - Harlan
3 SS SB 981, HCA 1, HCA 2 & HCA 3, E.C. - Farmer
4 HCS SS SCS SB 723 & 891 - Rizzo
5 HCS SB 572 - Morgan
6 HCS SCS SB 884 & 841, (Budget Fiscal 5-8-96) - Witt
7 HCS SS SS SB 488 - Dougherty
8 HCS SS SCS SB 722, (Budget Fiscal 5-8-96) - Hosmer
9 HCS SS SCS SB 869, (Budget Fiscal 5-9-96) - Witt
10 SCS SB 719, HCA 1 (Budget Fiscal 5-9-96) - Lakin
11 SB 661 - McBride
12 SB 876, HCA 1 - Bray
13 SB 787 - Montgomery
14 SB 500 - Lumpe
15 HCS SB 634 - Smith
16 SB 805 - Bland
17 HCS SCS SB 708 - Rizzo
18 SB 781, HCA 1 - Carter
19 SB 489 - Carter
20 SB 768 - May (108)
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 1159, 842 & 799, SA 1, SA 2, SA 4 - Scheve
SS SCS HS HCS HB 1207, 1288, 1408 & 1409, as amended E.C. - Tate
SCS HCS HB 999, as amended - Treadway
HB 876, SA 1, SA 2, SA 3 - Bray
BILLS CARRYING REQUEST MESSAGES
HB 979, SCA 1 request Senate recede or grant House conference - Crump (152)
SCS HS HB 1368, as amended, request Senate recede or grant House conference -
May (108)
BILLS IN CONFERENCE
SB 858, as amended - Carter
HCS HB 781, as amended - Stokan
CCR HB 905, as amemded - Rizzo
SCS HS HCS HB 1301 & 1298, as amended, E.C. - McLuckie
HCS HB 991, as amended - Koller
HS HCS SS SB 560, as amended - May (108)
SB 664, as amended - Hartzler (123)
HOUSE CONCURRENT RESOLUTION
HCR 5, (3-28-96 pgs. 12 & 13) - Thompson (37)
SENATE CONCURRENT RESOLUTION
SCR 28, (5-1-96 pgs 9 & 10) -
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