Journal of the House

Second Regular Session, 91st General Assembly

---

SEVENTY-FIRST DAY, Tuesday, May 14, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

God of Grace and Truth: we pride ourselves that we learn something new everyday. Grant Your guiding light this day. Shine it upon the men and women of this House. Let Your illuminating truth lead them through the decisions and issues that confront them.

Give to these who seek to serve the common good, both humility and clarity of thought. Soothe any still-smoldering heart, with the spirit of generosity. Let these decision makers be swayed not by emotion or ambition, but guided by calm conviction and blessed with uncommon patience.

To You be glory and honor. 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: Eleanor Catherine Byrd, Layne Reynolds, Kristin Herron, Kellie Evrad and Jerrod Osthoff.

The Journal of the seventieth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1987

and

House Resolution No. 1988 - Representative Relford

House Resolution No. 1989 - Representative Holand

House Resolution No. 1990 - Representative Richardson, et al

House Resolution No. 1991 - Representative Mayer

House Resolution No. 1992

through

House Resolution No. 1995 - Representative Cunningham

House Resolution No. 1996 - Representative Curls

House Resolution No. 1997 - Representative Burcham

House Resolution No. 1998 - Representative Thompson

House Resolution No. 1999 - Representative Lowe

House Resolution No. 2000 - Representative Hilgemann

House Resolution No. 2001

through

House Resolution No. 2005 - Representatives Ross and Lograsso

House Resolution No. 2006 - Representative Crump

House Resolution No. 2007 - Representative Surface

House Resolution No. 2008 - Representative Hanaway

House Resolution No. 2009 - Representative Shoemyer (9)

House Resolution No. 2010 - Representative Harlan

House Resolution No. 2011

through

House Resolution No. 2018 - Representative Legan

COMMITTEE REPORT

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred SS HB 2023, begs leave to report it has examined the foregoing bill and finds the same to be truly and correctly printed as agreed to and finally passed.

Representative Crump suggested the absence of a quorum.

The following roll call indicated a quorum present:

AYES: 143
Abel	Baker	Barnett	Barnitz	Barry 100
Bartelsmeyer	Bartle	Bearden	Behnen	Berkowitz
Berkstresser	Black	Boatright	Bonner	Boucher
Bowman	Bray 84	Britt	Brooks	Burton
Byrd	Campbell	Carnahan	Champion	Clayton
Cooper	Copenhaver	Crawford	Crowell	Crump
Cunningham	Curls	Daus	Davis	Dempsey
Dolan	Enz	Fares	Farnen	Foley
Franklin	Fraser	Froelker	Gambaro	Gaskill
George	Graham	Gratz	Green 15	Griesheimer
Hampton	Hanaway	Harding	Hartzler	Haywood
Hegeman	Henderson	Hendrickson	Hickey	Hilgemann
Hohulin	Hollingsworth	Holt	Hoppe	Hosmer
Hunter	Jetton	Johnson 61	Johnson 90	Jolly
Jones	Kelley 47	Kelly 144	Kelly 27	Kelly 36
King	Koller	Liese	Linton	Lowe
Luetkemeyer	Luetkenhaus	Marble	Marsh	May 149
Mayer	Mays 50	McKenna	Miller	Monaco
Murphy	Myers	Naeger	Nordwald	O'Connor
O'Toole	Ostmann	Overschmidt	Paone	Phillips
Portwood	Purgason	Quinn	Ransdall	Rector
Reid	Reinhart	Relford	Reynolds	Ridgeway
Rizzo	Roark	Robirds	Ross	Scheve
Schwab	Scott	Secrest	Seigfreid	Selby
Shelton	Shields	Shoemaker	Shoemyer	Skaggs
Smith	St. Onge	Surface	Thompson	Townley
Treadway	Troupe	Van Zandt	Villa	Vogel
Walker	Walton	Ward	Willoughby	Wilson 25
Wilson 42	Wright	Mr. Speaker
NOES: 000
PRESENT: 003
Burcham	Holand	Whorton
ABSENT WITH LEAVE: 016
Ballard	Bland	Boykins	Cierpiot	Green 73
Hagan-Harrell	Harlan	Lawson	Legan	Lograsso
Long	Merideth	Moore	Richardson	Wagner
Williams
VACANCIES: 001

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HBs 1141, 1400, 1645, 1745 & 2026, relating to memorial highways, was taken up by Representative Naeger.

On motion of Representative Naeger, SCS HBs 1141, 1400, 1645, 1745 & 2026 was adopted by the following vote:

AYES: 146
Abel	Baker	Ballard	Barnett	Barnitz
Barry 100	Bartelsmeyer	Bartle	Bearden	Behnen
Berkowitz	Berkstresser	Black	Bland	Boatright
Bonner	Boucher	Bowman	Bray 84	Britt
Brooks	Burcham	Burton	Byrd	Campbell
Carnahan	Champion	Cierpiot	Cooper	Crawford
Crowell	Crump	Cunningham	Curls	Daus
Davis	Dempsey	Dolan	Enz	Fares
Franklin	Fraser	Froelker	Gambaro	Gaskill
George	Graham	Gratz	Green 15	Griesheimer
Hampton	Hanaway	Harding	Hartzler	Haywood
Hegeman	Henderson	Hendrickson	Hickey	Hilgemann
Hohulin	Holand	Hollingsworth	Holt	Hoppe
Hosmer	Hunter	Jetton	Johnson 61	Johnson 90
Jolly	Jones	Kelley 47	Kelly 144	Kelly 27
Kelly 36	Koller	Lawson	Legan	Liese
Linton	Lowe	Luetkemeyer	Luetkenhaus	Marble
Marsh	May 149	Mayer	Mays 50	McKenna
Merideth	Miller	Monaco	Moore	Myers
Naeger	Nordwald	O'Connor	O'Toole	Ostmann
Overschmidt	Paone	Phillips	Portwood	Purgason
Quinn	Ransdall	Rector	Reid	Reinhart
Relford	Reynolds	Ridgeway	Rizzo	Roark
Robirds	Ross	Scheve	Schwab	Scott
Secrest	Seigfreid	Selby	Shelton	Shields
Shoemaker	Shoemyer	Skaggs	Smith	St. Onge
Surface	Thompson	Townley	Treadway	Troupe
Van Zandt	Villa	Vogel	Walker	Walton
Ward	Whorton	Wilson 25	Wilson 42	Wright
Mr. Speaker
NOES: 002
Clayton	Farnen
PRESENT: 000
ABSENT WITH LEAVE: 014
Boykins	Copenhaver	Foley	Green 73	Hagan-Harrell
Harlan	King	Lograsso	Long	Murphy
Richardson	Wagner	Williams	Willoughby
VACANCIES: 001

On motion of Representative Naeger, SCS HBs 1141, 1400, 1645, 1745 & 2026 was truly agreed to and finally passed by the following vote:

AYES: 145
Abel	Baker	Ballard	Barnett	Barnitz
Barry 100	Bartelsmeyer	Bartle	Bearden	Behnen
Berkowitz	Berkstresser	Black	Bland	Boatright
Bonner	Boucher	Bowman	Bray 84	Britt
Brooks	Burcham	Burton	Byrd	Campbell
Champion	Cooper	Crawford	Crowell	Crump
Cunningham	Curls	Daus	Davis	Dempsey
Dolan	Enz	Fares	Fraser	Froelker
Gambaro	Gaskill	George	Graham	Gratz
Green 15	Griesheimer	Hampton	Hanaway	Harding
Hartzler	Haywood	Hegeman	Henderson	Hendrickson
Hickey	Hilgemann	Hohulin	Holand	Hollingsworth
Holt	Hoppe	Hosmer	Jetton	Johnson 61
Johnson 90	Jolly	Jones	Kelley 47	Kelly 144
Kelly 27	Kelly 36	King	Koller	Lawson
Legan	Liese	Linton	Long	Lowe
Luetkemeyer	Luetkenhaus	Marble	Marsh	May 149
Mayer	Mays 50	McKenna	Merideth	Miller
Monaco	Moore	Myers	Naeger	Nordwald
O'Connor	O'Toole	Ostmann	Overschmidt	Paone
Phillips	Portwood	Purgason	Quinn	Ransdall
Rector	Reid	Reinhart	Relford	Reynolds
Ridgeway	Rizzo	Roark	Robirds	Ross
Scheve	Schwab	Scott	Secrest	Seigfreid
Selby	Shelton	Shields	Shoemaker	Shoemyer
Skaggs	Smith	St. Onge	Surface	Thompson
Townley	Treadway	Troupe	Van Zandt	Villa
Vogel	Walker	Walton	Ward	Whorton
Wilson 25	Wilson 42	Wright	Mr. Speaker
NOES: 002
Clayton	Farnen
PRESENT: 000
ABSENT WITH LEAVE: 016
Boykins	Carnahan	Cierpiot	Copenhaver	Foley
Franklin	Green 73	Hagan-Harrell	Harlan	Hunter
Lograsso	Murphy	Richardson	Wagner	Williams
Willoughby
VACANCIES: 001

Speaker Pro Tem Abel declared the bill passed.

SCS HB 1402, as amended, relating to telecommunication services, was taken up by Representative Burton.

Representative Burton moved that the House refuse to adopt SCS HB 1402, 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.

THIRD READING OF SENATE BILL

HCS SS SCS SBs 837, 866, 972 & 990, relating to agriculture, was taken up by Representative Berkowitz.

Representative Berkowitz offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, by inserting in the appropriate location the following sections:

"261.110. 1. The department of agriculture shall develop standards and labeling for organic farming.

2. The department of agriculture shall adopt rules to implement the provisions of this section.

3. The department may cooperate with any agency of the federal government, any state, any other agency in this state, any private entity or person engaged in growing, processing, marketing of organic products, or any group of such persons in this state, in programs to effectuate such purposes. Such agreements may provide for cost and revenue sharing, and for division of duties and responsibilities under this section and may include other provisions generally to effectuate the purposes of this section.

4. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

261.120. There is hereby created in the state treasury the "Organic Production and Certification Fee Fund". Fees imposed in accordance with rules promulgated under section 261.110, shall be credited to the organic production and certification fee fund."; and

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

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

Representative Berkowitz offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 2, Section 142.028, Line 11, by deleting all of said line and inserting in lieu thereof the following:

"located within the state of Missouri and is at least fifty-one percent owned by agricultural producers actively engaged in agricultural production for commercial purposes and which has made formal application, posted a bond, and"; and

Further amend said bill, Page 22, Section 413.115, Lines 1 to 3, by deleting all of said lines; and

Further amend said bill, Page 23, Section 413.115, Lines 4 to 12, by deleting all of said lines; and

Further amend said bill, Page 27, Section 414.032, Lines 13 and 14, by deleting all of said lines and inserting in lieu thereof the following:

"insure that these fuels conform to advertised grade and octane. In no event shall the penalty for a first violation of this section exceed a written reprimand."; and

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

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

Representative Relford offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 5, Section 142.031, Line 68, by inserting immediately after all of said line the following:

"254.020. As used in this chapter, the following words [shall have the following meanings] mean:

(1) [The word "commission" shall mean] "Best management practices", forest management practices, as defined by the commission in consultation with the clean water commission, that ensure protection of water quality;

(2) "Commission", the conservation commission of Missouri [upon which, by the terms hereof impressed, are] being responsible for the control, management, restoration, conservation, and regulation of the bird, fish, game, forestry, and all wildlife resources of the state are therefore vested the responsibilities for the administration [hereof in conformity] of this chapter in conformance with sections 40 to 46 of article IV of the Constitution of Missouri; and the words "rules and regulations" shall mean those made by the commission pursuant thereto;

[(2)] (3) "Conservation commission fund" [as used in this chapter, shall mean], only the moneys arising from the additional sales and use taxes provided for in section 43(a) of article IV of the Constitution of Missouri;

[(3)] (4) "Forest croplands" [shall mean], those lands devoted exclusively to growing wood and timber, except for such other uses as shall be approved by the commission by regulations and which are tendered to the commission by any person and accepted and classified by the commission as such; and the commission shall prescribe the terms and conditions of such tender, acceptance and classification;

[(4) The word "person" shall mean] (5) "Person", any individual, male or female, singular or plural, of whatever age[, and this term]. The term person shall include and refer to any owner, grantee, lessee, licensee, permittee, firm, association, copartnership, corporation, municipality or county, as the context may require;

(6) "Precommercial forestry activities", proper forest management activities, as defined by the commission, that do not generate an immediate profit for the landowner;

[(5) The title "state forester" shall mean] (7) "State forester", the administrative head of the state forestry program;

(8) "Sustainable forestry principles", forest management activities, as defined by the commission, that ensure efficient use and continued availability of forest resources.

254.040. 1. Any person desiring to have lands designated as forest croplands shall submit an application [therefor] to the state forester on [form or] forms [to be] provided by the commission. The state forester [will] shall make or cause to be made an examination of the lands covered by [said] such application and shall forward a copy of [same] such application, together with his or her recommendations, to the commission. If the commission [approve and classify] approves and classifies such lands as forest croplands, they shall be subject to the provisions of this chapter and [such] rules and regulations promulgated pursuant to this chapter.

2. If the commission [refuse so] refuses to accept and classify [said] such lands, the applicant may appeal [from] the decision of the commission to the circuit court in which such lands, or major part [thereof] of such lands, are located and the decision of the circuit court in all such matters shall be final.

3. No application to designate lands as forest croplands shall be accepted for a tract of land containing less than twenty acres; and no such land shall be classified for tax relief if the value thereof shall exceed one hundred twenty-five dollars per acre or a greater value as set by regulation of the commission.

4. No application for the cost-share incentive program established in section 254.225 shall be accepted for lands designated as forest croplands.

254.225. 1. The commission may administer a forest landowner cost-share incentive program to promote sustainable forestry on private lands. Such program may provide reimbursement cost share for up to fifty percent of the cost of precommercial forestry activities on eligible lands. Eligible forestry activities shall be carried out in accordance with best management practices and sustainable forestry principles.

2. Any forest landowner may submit a program application to the state forester on forms provided by the commission. Application procedures and acceptance criteria shall be specified by the commission.

3. No application for such program shall be accepted for a tract of land containing less than forty acres. The total amount of incentives provided to any person shall not exceed five thousand dollars in any calendar year." ; and

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

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

Representative Myers offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 7, Section 281.217, Lines 8 and 9, by deleting the words "and agriculture".

Representative Boatright offered House Substitute Amendment No. 1 for House Amendment No. 4.

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 6, Section 281.217, Line 1, by deleting all of said section and changing the title and enacting clause accordingly.

Representative Boatright moved that House Substitute Amendment No. 1 for House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

AYES: 076
Ballard	Barnett	Bartelsmeyer	Bartle	Bearden
Behnen	Berkstresser	Black	Boatright	Burcham
Burton	Byrd	Champion	Cooper	Crawford
Crowell	Cunningham	Dempsey	Dolan	Enz
Fares	Froelker	Gaskill	Gratz	Griesheimer
Hanaway	Hartzler	Hegeman	Henderson	Hendrickson
Hohulin	Holand	Hunter	Jetton	Johnson 61
Kelley 47	Kelly 144	King	Legan	Linton
Long	Luetkemeyer	Luetkenhaus	Marble	Marsh
May 149	Mayer	Miller	Moore	Murphy
Myers	Naeger	Nordwald	Ostmann	Phillips
Portwood	Purgason	Quinn	Rector	Reid
Reinhart	Richardson	Ridgeway	Roark	Robirds
Ross	Schwab	Scott	Secrest	Shields
Shoemaker	St. Onge	Surface	Townley	Vogel
Wright
NOES: 080
Abel	Baker	Barnitz	Barry 100	Berkowitz
Bland	Bonner	Boucher	Bowman	Bray 84
Britt	Brooks	Campbell	Carnahan	Clayton
Copenhaver	Crump	Curls	Daus	Davis
Farnen	Franklin	Fraser	Gambaro	George
Graham	Green 15	Green 73	Hagan-Harrell	Hampton
Harding	Harlan	Haywood	Hickey	Hilgemann
Hollingsworth	Holt	Hoppe	Hosmer	Johnson 90
Jolly	Jones	Kelly 36	Koller	Liese
Lowe	Mays 50	McKenna	Merideth	Monaco
O'Connor	O'Toole	Overschmidt	Paone	Ransdall
Relford	Reynolds	Rizzo	Scheve	Seigfreid
Selby	Shelton	Shoemyer	Skaggs	Smith
Thompson	Treadway	Troupe	Van Zandt	Villa
Wagner	Walker	Walton	Ward	Whorton
Williams	Willoughby	Wilson 25	Wilson 42	Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 006
Boykins	Cierpiot	Foley	Kelly 27	Lawson
Lograsso
VACANCIES: 001

On motion of Representative Myers, House Amendment No. 4 was adopted.

Representative Reid offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, by inserting in the appropriate location the following section:

"267.750. 1. It shall be unlawful for any person to knowingly feed poultry manure or any food product containing poultry manure to livestock as defined in section 267.565.

2. Any person who violates the provisions of subsection 1 of this section shall be guilty of an infraction and shall be punished by a fine of not more than two hundred dollars."; and

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

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

Which motion was defeated by the following vote:

AYES: 024
Barry 100	Bowman	Boykins	Bray 84	Cunningham
Franklin	Fraser	Gambaro	George	Green 15
Green 73	Hanaway	Haywood	Hollingsworth	Johnson 90
Jolly	Lowe	McKenna	Murphy	Paone
Reid	Selby	Walton	Wilson 42
NOES: 126
Abel	Ballard	Barnett	Barnitz	Bartelsmeyer
Bartle	Bearden	Behnen	Berkowitz	Berkstresser
Bland	Boatright	Bonner	Boucher	Britt
Brooks	Burcham	Burton	Byrd	Campbell
Champion	Cierpiot	Clayton	Cooper	Copenhaver
Crawford	Crowell	Crump	Curls	Daus
Davis	Dempsey	Dolan	Enz	Fares
Farnen	Froelker	Gaskill	Graham	Gratz
Griesheimer	Hagan-Harrell	Hampton	Harding	Hartzler
Hegeman	Henderson	Hendrickson	Hilgemann	Hohulin
Holt	Hoppe	Hosmer	Hunter	Jetton
Johnson 61	Jones	Kelley 47	Kelly 144	Kelly 27
Kelly 36	King	Koller	Lawson	Legan
Liese	Linton	Long	Luetkemeyer	Luetkenhaus
Marble	Marsh	May 149	Mayer	Mays 50
Merideth	Miller	Moore	Myers	Naeger
Nordwald	O'Connor	O'Toole	Ostmann	Overschmidt
Phillips	Portwood	Quinn	Ransdall	Rector
Reinhart	Relford	Reynolds	Richardson	Ridgeway
Rizzo	Roark	Robirds	Ross	Scheve
Schwab	Scott	Secrest	Seigfreid	Shelton
Shields	Shoemaker	Shoemyer	Skaggs	Smith
St. Onge	Surface	Thompson	Townley	Treadway
Troupe	Villa	Vogel	Walker	Ward
Whorton	Williams	Willoughby	Wilson 25	Wright
Mr. Speaker
PRESENT: 001
Black
ABSENT WITH LEAVE: 011
Baker	Carnahan	Foley	Harlan	Hickey
Holand	Lograsso	Monaco	Purgason	Van Zandt
Wagner
VACANCIES: 001

Representative Gratz offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 16, Section 348.432, Line 85 of said page, by inserting after all of said line the following:

"407.592. Sections 407.585 to 407.592 shall apply to any new farm machinery sold after January 1, 1988, but no provision of sections 407.585 to 407.592 shall operate or be construed to invalidate, impair, or otherwise infringe upon the specific requirements of any contract between a dealer and a manufacturer entered into prior to September 28, 1987, and which is in effect on September 28, 1987; provided, however, that in any case wherein warranty repair work is performed for a consumer by a farm equipment dealer under the provisions of a manufacturer's express warranty, the manufacturer shall reimburse the dealer at an hourly labor rate that is the same or greater than the hourly labor rate the dealer currently charges consumers for nonwarranty repair work. The dealer may accept the manufacturer's reimbursement terms and conditions in lieu of the above."; and

Further amend the title and enacting clause accordingly.

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

Representative Legan offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, by inserting the following in the appropriate location:

"578.405. 1. Sections 578.405 to 578.412 shall be known and may be cited as "The Animal Research and Production Facilities Protection Act".

2. As used in sections 578.405 to 578.412, the following terms mean:

(1) "Animal", every living creature, domestic or wild, but not including Homo sapiens;

(2) "Animal facility", any facility, animal farming operation, business or organization engaging in legal scientific research or agricultural production or involving the use of animals, including any organization with a primary purpose of representing livestock production or processing, any organization with a primary purpose of promoting or marketing livestock or livestock products, any person licensed to practice veterinary medicine, any organization involved in the production of pet food or pet food research, and any organization with a primary purpose of representing any such person, organization, or institution. The term shall include the owner, operator, and employees of any animal facility [and], the offices [and], barns, buildings, or other structures, the vehicles of any such persons while engaged in duties related to the animal facility, and any [premises] private property where animals are located, including but not limited to the barns or areas where the animals are pastured, housed, or otherwise quartered;

(3) "Director", the director of the department of agriculture.

578.407. No person shall:

(1) Release, steal, or otherwise intentionally cause the death, injury, or loss of any animal at or from an animal facility and not authorized by that facility;

(2) Damage, vandalize, or steal any property in or on an animal facility;

(3) Obtain access to an animal facility by false pretenses for the purpose of performing acts not authorized by the facility;

(4) Enter or otherwise interfere with an animal facility with the intent to destroy, alter, duplicate or obtain unauthorized possession of records, data, material, equipment, or animals;

(5) Knowingly obtain, by theft or deception, control over records, data, material, equipment, or animals of any animal facility for the purpose of depriving the rightful owner or animal facility of the records, material, data, equipment, or animals, or for the purpose of concealing, abandoning, or destroying such records, material, data, equipment, or animals;

(6) Enter or remain on an animal facility with the intent to commit an act prohibited by this section;

(7) Photograph, videotape, or otherwise obtain images from within a structure that an animal is housed without the express written consent of the animal facility;

(8) Intentionally or knowingly release or introduce any pathogen or disease in or near an animal facility that has the potential to cause disease in any animal at the animal facility or which otherwise threatens human health or biosecurity at the animal facility.

578.409. 1. Any person who violates section 578.407:

(1) Shall be guilty of a misdemeanor for each such violation unless the loss, theft, or damage to the animal facility exceeds three hundred dollars in value;

(2) Shall be guilty of a class D felony for a violation of subdivision (7) of section 578.407 or if the loss, theft, or damage to the animal facility property exceeds three hundred dollars in value but does not exceed ten thousand dollars in value;

(3) Shall be guilty of a class C felony if the loss, theft, or damage to the animal facility property exceeds ten thousand dollars in value but does not exceed one hundred thousand dollars in value;

(4) Shall be guilty of a class B felony if the loss, theft, or damage to the animal facility exceeds one hundred thousand dollars in value.

2. Any person who intentionally agrees with another person to violate section 578.407 and commits an act in furtherance of such violation shall be guilty of the same class of violation as provided in subsection 1 of this section. 3. In the determination of the value of the loss, theft, or damage to an animal facility, the court shall conduct a hearing to determine the reasonable cost of replacement of materials, data, equipment, animals, and records that were damaged, destroyed, lost, or cannot be returned, as well as the reasonable cost of lost production funds and repeating experimentation that may have been disrupted or invalidated as a result of the violation of section 578.407.

4. Any persons found guilty of a violation of section 578.407 shall be ordered by the court to make restitution, jointly and severally, to the owner, operator, or both, of the animal facility, in the full amount of the reasonable cost as determined under subsection 3 of this section.

5. Any person who has been damaged by a violation of section 578.407 may recover all actual and consequential damages, punitive damages, and court costs, including reasonable attorneys' fees, from the person causing such damage. 6. Nothing in sections 578.405 to 578.412 shall preclude any animal facility injured in its business or property by a violation of section 578.407 from seeking appropriate relief under any other provision of law or remedy including the issuance of an injunction against any person who violates section 578.407 including any relief authorized under subsection 5 of this section. The owner or operator of the animal facility may petition the court to permanently enjoin such persons from violating sections 578.405 to 578.412 and the court shall provide such relief.

578.412. 1. The director shall have the authority to investigate any alleged violation of sections 578.405 to 578.412, along with any other law enforcement agency, and may [take any action within the director's authority necessary for the enforcement of sections 578.405 to 578.412] initiate civil legal action in the circuit court of the county where the violation occurred. The attorney general, the highway patrol, and other law enforcement officials shall provide assistance required in the conduct of an investigation.

2. The director may promulgate rules and regulations necessary for the enforcement of sections 578.405 to 578.412. No rule or portion of a rule promulgated under the authority of sections 578.405 to 578.412 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo."; and

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

Representative Johnson (90) offered House Amendment No. 1 to House Amendment No. 7.

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 3, Section 548.407, Line 1, by deleting the semi-colon at the end of said line and by inserting at the end of said line the following: "with the intent to commit agriterrorism"; and

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

Representative Clayton assumed the Chair.

Representative Legan offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 7.

House Substitute Amendment No. 1

for

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 2, Section 578.407, Line 30, by inserting in front of the word "photograph" the following: "with the intent to commit a crime"; and

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

Speaker Pro Tem Abel resumed the Chair.

On motion of Representative Legan, House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 7 was adopted.

Representative Clayton offered House Amendment No. 2 to House Amendment No. 7.

House Amendment No. 2

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 3, Section 578.409, Lines 11 and 12, by striking the following: "for a violation of subdivision (7) of section 578.407 or".

On motion of Representative Clayton, House Amendment No. 2 to House Amendment No. 7 was adopted.

On motion of Representative Legan, House Amendment No. 7, as amended, was adopted.

Representative Whorton offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 4, Section 142.031, Line 9, by deleting all of said line and inserting in lieu thereof the following:

"and subject to appropriations with funds, other than general revenue funds, shall be used to"; and

Further amend said bill, Page 4, Section 142.031, Line 13, by deleting all of said line and inserting in lieu thereof the following:

"3. A Missouri qualified biodiesel producer shall be eligible for a monthly grant"; and

Further amend said bill, Page 4, Section 142.031, Lines 15 to 17, by deleting all of said lines and inserting in lieu thereof the following:

"the grant for a total of sixty months unless such producer during those sixty months failed, due to a lack of appropriations, to receive the full amount from the fund for which they were eligible, in which case such producers shall continue to be eligible for up to twenty-four additional months or until they have received the maximum amount of funding for which they were eligible during the original sixty month time period. The amount of the grant is determined by calculating the number of gallons of qualified biodiesel produced during the preceding month from Missouri agricultural products, as certified by the department"; and

Further amend said bill, Page 4, Section 142.031, Line 17, by deleting all of said line and inserting in lieu thereof the following:

"Missouri agricultural products for the succeeding calendar month, as certified by the department"; and

Further amend said bill, Page 4, Section 142.031, Lines 19 to 35, by deleting all of said lines and inserting in lieu thereof the following:

"this subsection. Each Missouri qualified biodiesel producer shall be eligible for a total grant in any fiscal year equal to thirty cents per gallon for the first fifteen million gallons of qualified biodiesel produced from Missouri agricultural products in the fiscal year. All such qualified biodiesel produced by a Missouri qualified biodiesel producer in excess of fifteen million gallons shall not be applied to the computation of a grant pursuant to this subsection. The department of agriculture shall pay all grants for a particular month by the fifteenth day after receipt and approval of the application described in subsection 4 of this section."; and

Further amend said bill, Page 4, Section 142.031, Line 37, by deleting all of said line and inserting in lieu thereof the following: "fund, an application for such funds shall be received no later than"; and

Further amend said bill, Page 5, Section 142.031, Line 38, by deleting all of said line and inserting in lieu thereof the following: "fifteen days following the first day of the month for which the grant is sought. The"; and

Further amend said bill, Page 5, Section 142.031, Line 42, by deleting all of said line and inserting in lieu thereof the following: "biodiesel producer in the preceding month, if applicable;"; and

Further amend said bill, Page 5, Section 142.031, Lines 45 to 47, by deleting all of said lines and inserting in lieu thereof the following:

"month;

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

Further amend said bill, Page 5, Section 142.031, Lines 56 to 60, by deleting all of said lines and inserting in lieu thereof the following: "administration of the provisions of this section."; and

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

On motion of Representative Whorton, House Amendment No. 8 was adopted.

Representative Holand offered House Amendment No. 9.

Representative Myers raised a point of order that House Amendment No. 9 is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Ladd Baker offered House Amendment No. 9.

Representative Gratz raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Boatright offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 837, 866, 972 & 990, Page 13, Section 348.430, Line 29, by inserting after the word "tax" the following: "or estimated quarterly tax"; and

Further amend said bill, Page 15, Section 348.432, Line 42, by inserting after the word "tax" the following: "or estimated quarterly tax"; and

Further amend said bill, Page 15, Section 348.432, Line 51, by inserting at the end of the line the following:

"Tax credits claimed in a taxable year may be done so on a quarterly basis and applied to the estimated quarterly tax pursuant to subsection 3 of this section."; and

Further amend said bill by inserting in the appropriate location the following:

"Section 3. All premium tax credits described in sections 348.430 and 348.432, RSMo, shall only reduce the amount of money received by the general revenue fund of this state and shall not reduce any moneys received by the county foreign insurance tax fund." ; and

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

Representative Britt raised a point of order that House Amendment No. 9 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

Representative Boatright moved that House Amendment No. 9 be adopted.

Which motion was defeated by the following vote:

AYES: 073
Ballard	Barnett	Bartelsmeyer	Bartle	Bearden
Behnen	Berkstresser	Black	Boatright	Burcham
Byrd	Champion	Cierpiot	Cooper	Crawford
Crowell	Cunningham	Dempsey	Dolan	Enz
Fares	Froelker	Gaskill	Gratz	Griesheimer
Hanaway	Hartzler	Hegeman	Henderson	Hendrickson
Hohulin	Holand	Jetton	Kelley 47	Kelly 144
King	Legan	Linton	Luetkemeyer	Luetkenhaus
Marble	Marsh	May 149	Mayer	Merideth
Miller	Moore	Murphy	Myers	Naeger
Nordwald	Ostmann	Phillips	Portwood	Purgason
Quinn	Rector	Reid	Reinhart	Richardson
Ridgeway	Roark	Robirds	Ross	Schwab
Scott	Shields	Shoemaker	St. Onge	Surface
Townley	Vogel	Wright
NOES: 079
Abel	Baker	Barnitz	Barry 100	Berkowitz
Bland	Bonner	Boucher	Bowman	Bray 84
Britt	Brooks	Campbell	Carnahan	Clayton
Copenhaver	Crump	Curls	Daus	Davis
Farnen	Franklin	Fraser	Gambaro	George
Graham	Green 15	Green 73	Hagan-Harrell	Hampton
Harding	Harlan	Haywood	Hickey	Hilgemann
Hollingsworth	Holt	Hoppe	Hosmer	Johnson 90
Jolly	Jones	Kelly 27	Kelly 36	Koller
Liese	Lowe	Mays 50	McKenna	O'Connor
O'Toole	Overschmidt	Paone	Ransdall	Relford
Reynolds	Rizzo	Scheve	Seigfreid	Selby
Shelton	Shoemyer	Skaggs	Smith	Thompson
Treadway	Troupe	Van Zandt	Villa	Wagner
Walker	Walton	Ward	Whorton	Williams
Willoughby	Wilson 25	Wilson 42	Mr. Speaker
PRESENT: 001
Johnson 61
ABSENT WITH LEAVE: 009
Boykins	Burton	Foley	Hunter	Lawson
Lograsso	Long	Monaco	Secrest
VACANCIES: 001

On motion of Representative Berkowitz, HCS SS SCS SBs 837, 866, 972 & 990, as amended, was adopted.

On motion of Representative Berkowitz, HCS SS SCS SBs 837, 866, 972 & 990, as amended, was read the third time and passed by the following vote:

AYES: 112
Abel	Baker	Barnett	Barnitz	Barry 100
Bearden	Behnen	Berkowitz	Berkstresser	Black
Bland	Bonner	Boucher	Bowman	Bray 84
Britt	Brooks	Campbell	Carnahan	Clayton
Cooper	Copenhaver	Crump	Curls	Davis
Dolan	Fares	Farnen	Franklin	Fraser
Froelker	Gambaro	George	Graham	Gratz
Green 15	Green 73	Hagan-Harrell	Hampton	Haywood
Hegeman	Hickey	Hilgemann	Holand	Hollingsworth
Holt	Hoppe	Hosmer	Hunter	Johnson 61
Johnson 90	Jolly	Jones	Kelley 47	Kelly 144
Kelly 27	Kelly 36	King	Koller	Lawson
Legan	Liese	Lowe	Luetkemeyer	Luetkenhaus
May 149	Mayer	Mays 50	McKenna	Merideth
Miller	Murphy	Myers	Naeger	O'Connor
O'Toole	Ostmann	Overschmidt	Paone	Quinn
Ransdall	Reid	Reinhart	Relford	Reynolds
Richardson	Rizzo	Robirds	Scheve	Schwab
Seigfreid	Selby	Shelton	Shields	Shoemaker
Shoemyer	Skaggs	Smith	Thompson	Treadway
Troupe	Villa	Vogel	Walker	Walton
Ward	Whorton	Williams	Willoughby	Wilson 25
Wilson 42	Mr. Speaker
NOES: 038
Ballard	Bartelsmeyer	Bartle	Boatright	Burcham
Byrd	Champion	Cierpiot	Crawford	Crowell
Daus	Dempsey	Enz	Gaskill	Griesheimer
Hanaway	Harding	Henderson	Hendrickson	Hohulin
Jetton	Linton	Lograsso	Marble	Marsh
Moore	Nordwald	Phillips	Portwood	Rector
Ridgeway	Roark	Ross	Scott	St. Onge
Surface	Townley	Wright
PRESENT: 001
Purgason
ABSENT WITH LEAVE: 011
Boykins	Burton	Cunningham	Foley	Harlan
Hartzler	Long	Monaco	Secrest	Van Zandt
Wagner
VACANCIES: 001

Speaker Pro Tem Abel declared the bill passed.

HCS SCS SB 680, relating to the Missouri Commission on Obesity, was taken up by Representative Barry.

Representative Barry offered HS HCS SCS SB 680.

Representative Portwood offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, by inserting at the appropriate location the following section:

"34.375. 1. This section shall be known and may be cited as the "Missouri Calcium Initiative".

2. The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:

(1) Contain a higher level of calcium than products of the same type and quality; and

(2) Are equal to or lower in price than products of the same type and quality.

3. Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.

4. The requirements of this section shall be in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.

5. For purposes of this section, "governmental entity" means the state of Missouri, its departments, agencies, boards, commissions and institutions, and all school districts of the state. Governmental entity does not include political subdivisions of the state.

6. Notwithstanding the provisions of this section to the contrary, a purchasing agent who has entered into a contract with a supplier before July 1, 2002, to purchase food and beverages shall not be required to purchase high calcium foods and beverages if purchasing such products would change the terms of the contract."; and

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

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

HCS SCS SB 680, with HS, as amended, pending, was laid over.

MOTIONS

Representative Foley moved that Rule 26 be suspended to allow the members of the House Conference Committee on HS HCS SS SB 1248, as amended, to meet while the House is in session.

Which motion was adopted by the following vote:

AYES: 094
Abel	Baker	Barnitz	Barry 100	Berkowitz
Bland	Bonner	Boucher	Bowman	Boykins
Bray 84	Britt	Brooks	Campbell	Carnahan
Clayton	Copenhaver	Crump	Curls	Daus
Davis	Farnen	Foley	Franklin	Fraser
Froelker	Gambaro	George	Graham	Gratz
Green 15	Hagan-Harrell	Hampton	Harding	Harlan
Hartzler	Haywood	Hegeman	Hickey	Hilgemann
Holand	Hollingsworth	Holt	Hoppe	Hosmer
Johnson 61	Johnson 90	Jolly	Jones	Kelly 144
Kelly 27	Kelly 36	King	Koller	Liese
Lowe	Luetkenhaus	Mayer	Mays 50	McKenna
Merideth	Murphy	O'Connor	O'Toole	Overschmidt
Paone	Portwood	Ransdall	Reid	Relford
Reynolds	Rizzo	Scheve	Seigfreid	Selby
Shelton	Shoemyer	Skaggs	Smith	Townley
Treadway	Troupe	Van Zandt	Villa	Wagner
Walker	Walton	Ward	Whorton	Williams
Willoughby	Wilson 25	Wilson 42	Mr. Speaker
NOES: 054
Barnett	Bartelsmeyer	Bartle	Bearden	Behnen
Black	Boatright	Burcham	Champion	Cierpiot
Cooper	Crawford	Crowell	Dempsey	Dolan
Enz	Fares	Gaskill	Griesheimer	Hanaway
Henderson	Hendrickson	Hunter	Jetton	Kelley 47
Legan	Lograsso	Luetkemeyer	Marble	Marsh
May 149	Miller	Moore	Myers	Naeger
Nordwald	Phillips	Purgason	Quinn	Rector
Reinhart	Richardson	Ridgeway	Roark	Robirds
Ross	Schwab	Scott	Shields	Shoemaker
St. Onge	Surface	Vogel	Wright
PRESENT: 001
Cunningham
ABSENT WITH LEAVE: 013
Ballard	Berkstresser	Burton	Byrd	Green 73
Hohulin	Lawson	Linton	Long	Monaco
Ostmann	Secrest	Thompson
VACANCIES: 001

Representative O'Toole moved that Rule 26 be suspended to allow the members of the House Conference Committee on HS HCS SCS SB 712, as amended, to meet while the House is in session.

Which motion was adopted by the following vote:

AYES: 088
Abel	Baker	Barnitz	Barry 100	Berkowitz
Bland	Bonner	Boucher	Bowman	Boykins
Britt	Brooks	Campbell	Carnahan	Clayton
Crump	Curls	Daus	Davis	Farnen
Foley	Franklin	Fraser	Froelker	Gambaro
George	Graham	Gratz	Green 15	Hagan-Harrell
Hampton	Harding	Harlan	Haywood	Hegeman
Hickey	Hilgemann	Holand	Hollingsworth	Holt
Hoppe	Hosmer	Johnson 61	Johnson 90	Jolly
Jones	Kelly 27	Kelly 36	Koller	Lawson
Liese	Lowe	Luetkenhaus	Mays 50	McKenna
Merideth	Monaco	Murphy	O'Connor	O'Toole
Overschmidt	Paone	Ransdall	Relford	Reynolds
Rizzo	Scheve	Seigfreid	Selby	Shelton
Shoemyer	Skaggs	Smith	Thompson	Treadway
Troupe	Van Zandt	Villa	Wagner	Walker
Walton	Ward	Whorton	Williams	Willoughby
Wilson 25	Wilson 42	Mr. Speaker
NOES: 062
Barnett	Bartelsmeyer	Bartle	Bearden	Behnen
Berkstresser	Black	Boatright	Burcham	Champion
Cierpiot	Cooper	Crawford	Crowell	Cunningham
Dempsey	Dolan	Enz	Fares	Gaskill
Griesheimer	Hanaway	Hartzler	Henderson	Hendrickson
Hunter	Jetton	Kelley 47	Kelly 144	King
Lograsso	Luetkemeyer	Marble	Marsh	May 149
Mayer	Miller	Moore	Myers	Naeger
Nordwald	Phillips	Portwood	Purgason	Quinn
Rector	Reid	Reinhart	Richardson	Ridgeway
Roark	Robirds	Ross	Schwab	Scott
Shields	Shoemaker	St. Onge	Surface	Townley
Vogel	Wright
PRESENT: 000
ABSENT WITH LEAVE: 012
Ballard	Bray 84	Burton	Byrd	Copenhaver
Green 73	Hohulin	Legan	Linton	Long
Ostmann	Secrest
VACANCIES: 001

Representative Monaco assumed the Chair.

THIRD READING OF SENATE BILLS

HCS SCS SB 680, with HS, as amended, pending, relating to the Missouri Commission on Obesity, was again taken up by Representative Barry.

Representative Hunter offered House Amendment No. 2.

Representative Barry raised a point of order that House Amendment No. 2 is not germane to the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Wright offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Pages 6 and 7, Section 192.975, by deleting the words [shall] on Page 6, Line 23, and Page 7, Line 2, and inserting the word "may"; and

Further amend Page 7, Line 7, by deleting the word [shall] and inserting the word "should"; and delete Lines 16 and 17 of said page and renumber the remaining subsections accordingly.

Representative Lograsso requested a division of the question on House Amendment No. 2.

House Amendment No. 2

PART I

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Pages 6 and 7, Section 192.975, by deleting the words [shall] on Page 6, Line 23, and Page 7, Line 2, and inserting the word "may".

Representative Wright moved that Part I of House Amendment No. 2 be adopted.

Which motion was defeated.

House Amendment No. 2

PART II

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 7, Line 7, by deleting the word [shall] and inserting the word "should".

On motion of Representative Wright, Part II of House Amendment No. 2 was adopted.

House Amendment No. 2

PART III

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 7, by deleting Lines 16 and 17 of said page and renumbering the remaining subsections accordingly.

Representative Wright moved that Part III of House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Cunningham offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 4, Section 192.975, Line 13, by deleting the words "twenty-two" and inserting in lieu thereof the following: "twenty-three"; and

Further amend said section, Page 6, Line 4, by inserting the following:

"21. A representative of the Missouri State Chiropractor's Association".

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

Representative Ladd Baker offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, Page 7, Section 192.975, Line 23, by inserting after all of said line the following:

"Section 1. 1. Notwithstanding any provision of the law to the contrary, until the provision of 208.151.1(25) RSMo 2001 is fully implemented at 100% of poverty, an otherwise eligible individual shall be eligible for payment of Medicaid allowable expenses in accordance with department of social services policy in effect on January 1, 2002. This section shall be null and void if after investigation, appeal and final determination, the Center for Medicare and Medicaid Services declares this policy violates the Medicaid program rules for a 209(b) state.

2. The Personal Independence Commission shall study the issue of spend down. Such study shall include but not be limited to: the effects of spend down on the population served; a comparison of Missouri's spend down program with similar programs in other states; develop alternatives that will service the population's needs in a manner that is equitable but flexible to the needs and circumstances of the individual, encourages responsible utilization of the services and is fiscally responsible. By December 1, 2002, the Commission shall present its findings and recommendations to the Governor and General Assembly."; and

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

On motion of Representative Ladd Baker, House Amendment No. 4 was adopted.

Representative Relford offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill No. 680, by inserting in the appropriate location the following:

"660.099. 1. The general assembly may appropriate funds in addition to the amount currently being provided per annum for nutrition services for the elderly. Funds so designated to provide nutrition services for the elderly shall be allocated to the Missouri division of aging to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.

2. The general assembly may appropriate funds in addition to the amount currently being provided per annum through the Missouri elderly and handicapped transportation program. Funds so designated to provide transportation for the elderly and developmentally disabled shall be allocated to the Missouri division of aging to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.

3. The general assembly may appropriate funds in addition to the amount currently being provided per annum for home-delivered meals for the elderly. Such additional funds shall be allocated to the Missouri division of aging [to be placed on the formula basis] and distributed to each area agency on aging throughout the state of Missouri based on the actual number of meals served in each area during the previous fiscal year."; and

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

On motion of Representative Relford, House Amendment No. 5 was adopted.

Representative Portwood offered House Amendment No. 6.

Representative Hollingsworth raised a point of order that House Amendment No. 6 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

On motion of Representative Barry, HS HCS SCS SB 680, as amended, was adopted.

On motion of Representative Barry, HS HCS SCS SB 680, as amended, was read the third time and passed by the following vote:

AYES: 101
Abel	Baker	Barry 100	Bearden	Berkowitz
Berkstresser	Bland	Bonner	Boucher	Bowman
Bray 84	Britt	Brooks	Campbell	Carnahan
Champion	Clayton	Copenhaver	Crawford	Crump
Cunningham	Curls	Daus	Davis	Dempsey
Fares	Farnen	Franklin	Fraser	Gambaro
George	Graham	Gratz	Green 15	Green 73
Griesheimer	Hagan-Harrell	Hampton	Hanaway	Harding
Harlan	Hartzler	Haywood	Hickey	Hilgemann
Holand	Hollingsworth	Holt	Hoppe	Hosmer
Johnson 61	Johnson 90	Jolly	Jones	Kelley 47
Kelly 36	Koller	Lawson	Liese	Lowe
Luetkenhaus	Marble	Mays 50	McKenna	Miller
Monaco	Moore	Murphy	Nordwald	O'Connor
Ostmann	Overschmidt	Paone	Portwood	Quinn
Ransdall	Reinhart	Relford	Reynolds	Rizzo
Scheve	Selby	Shelton	Shields	Skaggs
Smith	St. Onge	Thompson	Treadway	Villa
Vogel	Wagner	Walker	Walton	Ward
Williams	Willoughby	Wilson 25	Wilson 42	Wright
Mr. Speaker
NOES: 050
Barnett	Barnitz	Bartelsmeyer	Bartle	Behnen
Black	Boatright	Burcham	Burton	Byrd
Cierpiot	Cooper	Crowell	Enz	Froelker
Gaskill	Hegeman	Henderson	Hendrickson	Hohulin
Hunter	Jetton	Kelly 144	King	Legan
Linton	Lograsso	Luetkemeyer	Marsh	May 149
Mayer	Merideth	Myers	Naeger	O'Toole
Phillips	Purgason	Rector	Reid	Richardson
Ridgeway	Roark	Robirds	Ross	Schwab
Scott	Seigfreid	Shoemyer	Townley	Whorton
PRESENT: 001
Shoemaker
ABSENT WITH LEAVE: 010
Ballard	Boykins	Dolan	Foley	Kelly 27
Long	Secrest	Surface	Troupe	Van Zandt
VACANCIES: 001

Representative Monaco declared the bill passed.

The emergency clause was defeated by the following vote:

AYES: 094
Abel	Baker	Barry 100	Berkowitz	Bland
Bonner	Boucher	Bowman	Bray 84	Britt
Brooks	Campbell	Carnahan	Clayton	Copenhaver
Crawford	Crump	Cunningham	Curls	Daus
Davis	Fares	Farnen	Franklin	Fraser
Gambaro	George	Graham	Gratz	Green 15
Green 73	Griesheimer	Hagan-Harrell	Hampton	Hanaway
Harding	Harlan	Hartzler	Haywood	Hickey
Hilgemann	Holand	Hollingsworth	Holt	Hoppe
Hosmer	Johnson 61	Johnson 90	Jolly	Jones
Kelley 47	Kelly 36	Koller	Lawson	Liese
Lowe	Luetkenhaus	Mays 50	McKenna	Monaco
Moore	Murphy	Nordwald	O'Connor	Ostmann
Overschmidt	Paone	Portwood	Quinn	Ransdall
Relford	Reynolds	Rizzo	Scheve	Seigfreid
Selby	Shelton	Shields	Skaggs	Smith
St. Onge	Thompson	Treadway	Van Zandt	Villa
Wagner	Walker	Walton	Ward	Williams
Willoughby	Wilson 25	Wilson 42	Mr. Speaker
NOES: 058
Ballard	Barnett	Barnitz	Bartelsmeyer	Bartle
Bearden	Behnen	Berkstresser	Black	Boatright
Burcham	Burton	Byrd	Champion	Cierpiot
Cooper	Crowell	Dempsey	Enz	Froelker
Gaskill	Hegeman	Henderson	Hendrickson	Hohulin
Hunter	Jetton	Kelly 144	King	Legan
Linton	Luetkemeyer	Marble	Marsh	May 149
Mayer	Merideth	Miller	Myers	Naeger
O'Toole	Phillips	Rector	Reid	Reinhart
Richardson	Ridgeway	Roark	Robirds	Ross
Schwab	Scott	Shoemaker	Shoemyer	Townley
Vogel	Whorton	Wright
PRESENT: 000
ABSENT WITH LEAVE: 010
Boykins	Dolan	Foley	Kelly 27	Lograsso
Long	Purgason	Secrest	Surface	Troupe
VACANCIES: 001

Speaker Pro Tem Abel resumed the Chair.

HCS SB 718, relating to the Pledge of Allegiance in public schools, was taken up by Representative Berkowitz.

Representative Hollingsworth offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 718, Page 1, Section 171.021, Line 8, by adding after the word "week" the following:

", and such schools shall also ensure the singing of the National Anthem, all eight verses, the recitation of the Declaration of Independence, and the wearing of red, white and blue once a week.".

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

House Amendment No. 1

to

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 718, Lines 2 and 3 of said amendment, by deleting the words ", all eight verses," and inserting in lieu thereof the word "and"; and

Further amend said amendment, Lines 5 and 6, by deleting all of said lines and inserting in lieu thereof the following: "at least once a year by grade 5".

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

Representative Hollingsworth moved that House Amendment No. 1, as amended, be adopted.

Which motion was defeated.

Representative Cunningham offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Bill No. 718, Page 1, Section 2, Line 8, by inserting after the word "student" the following: "or member of the faculty or staff".

Representative Cunningham moved that House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Gaskill offered House Amendment No. 3.

Representative Clayton raised a point of order that House Amendment No. 3 goes beyond the scope and is not germane to the bill.

The Chair ruled the point of order well taken.

Representative Merideth offered House Amendment No. 3.

Representative Berkowitz raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order well taken.

Representative Fraser offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Bill No. 718, Page 1, by deleting the word "ensure" and inserting in its place the word "encourage"; and by deleting "in at least one scheduled class of every pupil enrolled in that school no less often than once per week."

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

Which motion was defeated by the following vote:

AYES: 025
Bland	Bowman	Bray 84	Carnahan	Curls
Daus	Farnen	Fraser	Green 15	Haywood
Hilgemann	Hollingsworth	Jones	McKenna	Scheve
Shelton	Thompson	Troupe	Van Zandt	Wagner
Walker	Walton	Williams	Wilson 25	Wilson 42
NOES: 107
Ballard	Barnett	Barnitz	Bartelsmeyer	Bartle
Bearden	Behnen	Berkowitz	Berkstresser	Black
Boatright	Boucher	Britt	Burcham	Burton
Campbell	Champion	Cierpiot	Clayton	Cooper
Crawford	Crowell	Cunningham	Davis	Dempsey
Dolan	Enz	Fares	Froelker	Gaskill
George	Gratz	Griesheimer	Hampton	Hanaway
Harding	Hartzler	Hegeman	Henderson	Hendrickson
Hickey	Hohulin	Holt	Hoppe	Hosmer
Hunter	Jetton	Johnson 61	Johnson 90	Jolly
Kelley 47	Kelly 144	Kelly 36	King	Legan
Linton	Lograsso	Lowe	Luetkemeyer	Luetkenhaus
Marble	May 149	Mayer	Mays 50	Merideth
Miller	Moore	Myers	Nordwald	Overschmidt
Paone	Phillips	Portwood	Purgason	Quinn
Ransdall	Rector	Reid	Reinhart	Relford
Reynolds	Richardson	Ridgeway	Rizzo	Roark
Robirds	Ross	Schwab	Scott	Seigfreid
Selby	Shields	Shoemaker	Shoemyer	Skaggs
Smith	St. Onge	Surface	Townley	Treadway
Villa	Vogel	Ward	Whorton	Willoughby
Wright	Mr. Speaker
PRESENT: 002
Barry 100	Gambaro
ABSENT WITH LEAVE: 028
Abel	Baker	Bonner	Boykins	Brooks
Byrd	Copenhaver	Crump	Foley	Franklin
Graham	Green 73	Hagan-Harrell	Harlan	Holand
Kelly 27	Koller	Lawson	Liese	Long
Marsh	Monaco	Murphy	Naeger	O'Connor
O'Toole	Ostmann	Secrest
VACANCIES: 001

Representative Legan offered House Amendment No. 4.

Representative Seigfreid 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.

On motion of Representative Berkowitz, HCS SB 718 was adopted.

On motion of Representative Berkowitz, HCS SB 718 was read the third time and passed by the following vote:

AYES: 136
Abel	Baker	Ballard	Barnett	Barnitz
Barry 100	Bartelsmeyer	Bartle	Bearden	Behnen
Berkowitz	Berkstresser	Black	Bland	Boatright
Bonner	Boucher	Bowman	Britt	Burcham
Burton	Byrd	Campbell	Carnahan	Champion
Cierpiot	Clayton	Cooper	Copenhaver	Crawford
Crowell	Crump	Cunningham	Curls	Davis
Dempsey	Dolan	Fares	Farnen	Froelker
Gambaro	Gaskill	George	Gratz	Green 15
Griesheimer	Hagan-Harrell	Hampton	Hanaway	Harding
Hartzler	Haywood	Hegeman	Henderson	Hendrickson
Hickey	Hilgemann	Hohulin	Holand	Holt
Hoppe	Hosmer	Hunter	Jetton	Johnson 61
Johnson 90	Jolly	Jones	Kelley 47	Kelly 144
Kelly 36	King	Legan	Liese	Linton
Lograsso	Lowe	Luetkemeyer	Luetkenhaus	Marble
May 149	Mayer	Mays 50	McKenna	Merideth
Miller	Moore	Murphy	Myers	Naeger
Nordwald	O'Connor	Overschmidt	Paone	Phillips
Portwood	Purgason	Quinn	Ransdall	Rector
Reid	Reinhart	Relford	Reynolds	Richardson
Ridgeway	Rizzo	Roark	Robirds	Ross
Scheve	Schwab	Scott	Seigfreid	Selby
Shields	Shoemaker	Shoemyer	Skaggs	Smith
St. Onge	Surface	Thompson	Townley	Treadway
Troupe	Villa	Vogel	Wagner	Walker
Ward	Whorton	Willoughby	Wilson 42	Wright
Mr. Speaker
NOES: 009
Bray 84	Brooks	Daus	Fraser	Harlan
Hollingsworth	Shelton	Van Zandt	Wilson 25
PRESENT: 001
Williams
ABSENT WITH LEAVE: 016
Boykins	Enz	Foley	Franklin	Graham
Green 73	Kelly 27	Koller	Lawson	Long
Marsh	Monaco	O'Toole	Ostmann	Secrest
Walton
VACANCIES: 001

Speaker Pro Tem Abel declared the bill passed.

SCS SB 1266, relating to tobacco sales, was taken up by Representative O'Toole.

Representative O'Toole offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Committee Substitute for Senate Bill No. 1266, Page 2, Section 149.200, Lines 41 and 42, by deleting all of said lines and inserting in lieu thereof the following:

"4. Any licensed wholesaler who knowingly violates this section is guilty of a class C misdemeanor."; and

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

Representative O'Toole moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

AYES: 009
George	Graham	Green 15	Hagan-Harrell	Lowe
O'Connor	O'Toole	Reynolds	Wagner
NOES: 138
Abel	Ballard	Barnitz	Barry 100	Bartelsmeyer
Bartle	Bearden	Behnen	Berkowitz	Berkstresser
Black	Bland	Boatright	Bonner	Boucher
Bowman	Bray 84	Britt	Burcham	Burton
Byrd	Campbell	Carnahan	Champion	Cierpiot
Clayton	Cooper	Copenhaver	Crawford	Crowell
Cunningham	Curls	Daus	Davis	Dempsey
Dolan	Enz	Fares	Farnen	Fraser
Froelker	Gambaro	Gaskill	Gratz	Griesheimer
Hampton	Hanaway	Harding	Hartzler	Haywood
Hegeman	Henderson	Hendrickson	Hickey	Hilgemann
Hohulin	Holand	Hollingsworth	Holt	Hoppe
Hosmer	Hunter	Jetton	Johnson 61	Johnson 90
Jolly	Jones	Kelley 47	Kelly 144	Kelly 27
Kelly 36	King	Lawson	Legan	Liese
Linton	Lograsso	Long	Luetkemeyer	Luetkenhaus
Marble	May 149	Mayer	Mays 50	McKenna
Merideth	Miller	Moore	Murphy	Myers
Naeger	Nordwald	Ostmann	Overschmidt	Paone
Phillips	Portwood	Purgason	Quinn	Ransdall
Rector	Reid	Reinhart	Relford	Richardson
Ridgeway	Rizzo	Roark	Robirds	Ross
Scheve	Schwab	Scott	Seigfreid	Selby
Shelton	Shields	Shoemaker	Shoemyer	Skaggs
Smith	St. Onge	Surface	Thompson	Townley
Treadway	Troupe	Villa	Vogel	Walker
Walton	Ward	Whorton	Williams	Willoughby
Wilson 25	Wilson 42	Mr. Speaker
PRESENT: 001
Brooks
ABSENT WITH LEAVE: 014
Baker	Barnett	Boykins	Crump	Foley
Franklin	Green 73	Harlan	Koller	Marsh
Monaco	Secrest	Van Zandt	Wright
VACANCIES: 001

On motion of Representative O'Toole, SCS SB 1266 was truly agreed to and finally passed by the following vote:

AYES: 144
Abel	Ballard	Barnett	Barnitz	Barry 100
Bartelsmeyer	Bartle	Bearden	Behnen	Berkowitz
Berkstresser	Black	Bland	Boatright	Bonner
Boucher	Bowman	Bray 84	Britt	Brooks
Burcham	Burton	Byrd	Campbell	Carnahan
Champion	Cierpiot	Clayton	Cooper	Copenhaver
Crawford	Crowell	Crump	Cunningham	Curls
Daus	Davis	Dempsey	Dolan	Enz
Fares	Farnen	Franklin	Fraser	Froelker
Gambaro	Gaskill	Graham	Gratz	Green 15
Griesheimer	Hagan-Harrell	Hampton	Hanaway	Harding
Hartzler	Haywood	Hegeman	Henderson	Hendrickson
Hickey	Hilgemann	Hohulin	Holand	Hollingsworth
Holt	Hoppe	Hosmer	Hunter	Jetton
Johnson 61	Johnson 90	Jolly	Jones	Kelley 47
Kelly 144	Kelly 27	Kelly 36	King	Lawson
Legan	Liese	Linton	Lograsso	Lowe
Luetkemeyer	Luetkenhaus	Marble	May 149	Mays 50
McKenna	Merideth	Miller	Moore	Murphy
Myers	Naeger	Nordwald	O'Connor	Ostmann
Overschmidt	Paone	Phillips	Portwood	Purgason
Quinn	Ransdall	Rector	Reid	Reinhart
Relford	Richardson	Ridgeway	Roark	Robirds
Ross	Scheve	Schwab	Scott	Seigfreid
Selby	Shelton	Shields	Shoemaker	Shoemyer
Skaggs	Smith	Surface	Thompson	Townley
Treadway	Troupe	Villa	Vogel	Walker
Walton	Ward	Whorton	Williams	Willoughby
Wilson 25	Wilson 42	Wright	Mr. Speaker
NOES: 006
George	O'Toole	Reynolds	Rizzo	St. Onge
Wagner
PRESENT: 000
ABSENT WITH LEAVE: 012
Baker	Boykins	Foley	Green 73	Harlan
Koller	Long	Marsh	Mayer	Monaco
Secrest	Van Zandt
VACANCIES: 001

Speaker Pro Tem Abel declared the bill passed.

Speaker Kreider assumed the Chair.

SIGNING OF HOUSE BILL

All other business of the House was suspended while SS HB 2023 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

Having been duly signed in open session of the Senate, SS HB 2023 was delivered to the Governor by the Chief Clerk of the House.

Speaker Pro Tem Abel resumed the Chair.

THIRD READING OF SENATE BILL - INFORMAL

HCS SS SCS SBs 969, 673 & 855, relating to sex crimes and crime prevention, was taken up by Representative Smith.

Representative Smith offered HS#2 HCS SS SCS SBs 969, 673 & 855.

Representative Reid offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 969, 673 & 855, by inserting in the appropriate location the following:

"547.170. In all cases where an appeal or writ of error is prosecuted from a judgment in a criminal cause, except where the defendant is under sentence of death or imprisonment in the penitentiary for life, or a sentence of imprisonment for a violation of sections 195.222, RSMo, 565.021, RSMo, 565.050, RSMo, [or] subsections 1 and 2 of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.070, 566.100, RSMo, any court or officer authorized to order a stay of proceedings under the preceding provisions may allow a writ of habeas corpus, to bring up the defendant, and may thereupon let him to bail upon a recognizance, with sufficient sureties, to be approved by such court or judge."; and

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

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

Representative Reid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 969, 673 & 855, by inserting the following in the appropriate location:

"565.305. 1. As used in this section, the following words and phrases shall mean:

(1) "Clone a human being" or "cloning a human being", genetic duplication or replication of a human being, whether living or deceased, regardless of the stage of development of such human being, from whom genetic material was donated or taken in order to complete such duplication or replication;

(2) "Public employee", any person employed by the state of Missouri or any agency or political subdivision thereof;

(3) "Public facilities", any public institution, public facility, public equipment, or any physical asset owned or leased, or controlled by the state of Missouri or any agency or political subdivision thereof;

(4) "Public funds", any funds received or controlled by the state of Missouri or any agency or political subdivision thereof, including, but not limited to, funds derived from federal, state or local taxes, gifts or grants from any source, public or private, federal grants or payments, or intergovernmental transfers.

2. No person shall knowingly clone a human being, or participate in cloning a human being.

3. No person shall knowingly use public funds to clone a human being or attempt to clone a human being.

4. No person shall knowingly use public facilities for the purpose of cloning a human being or attempting to clone a human being.

5. No public employee shall knowingly allow any person to clone a human being or attempt to clone a human being while making use of public funds or public facilities.

6. Violation of subsections 2 to 5 of this section shall be a class B felony."; and

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

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

Representative Hosmer offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute No. 2 for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill Nos. 969, 673 & 855, Page 30, Line 4, by inserting in the appropriate place the following:

"Section 2. 1. No person less than twenty-one years of age shall dance in an adult cabaret as defined in section 573.500, RSMo, nor shall any proprietor of such establishment permit any person less than twenty-one years of age to dance in an adult cabaret.

2. Any person who violates the provisions of subsection 1 of this section is guilty of a class A misdemeanor."

Representative Lograsso raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

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

Which motion was defeated.

On motion of Representative Smith, HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, was adopted.

On motion of Representative Smith, HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, was read the third time and passed by the following vote:

AYES: 144
Abel	Baker	Ballard	Barnett	Barnitz
Barry 100	Bartle	Bearden	Behnen	Berkowitz
Black	Bland	Boatright	Bonner	Boucher
Bowman	Bray 84	Britt	Brooks	Burton
Byrd	Campbell	Carnahan	Champion	Clayton
Cooper	Copenhaver	Crawford	Crowell	Cunningham
Curls	Daus	Davis	Dempsey	Dolan
Fares	Farnen	Fraser	Froelker	Gambaro
Gaskill	George	Graham	Gratz	Green 15
Griesheimer	Hagan-Harrell	Hampton	Hanaway	Harding
Hartzler	Haywood	Hegeman	Henderson	Hendrickson
Hickey	Hilgemann	Hohulin	Holand	Hollingsworth
Holt	Hoppe	Hosmer	Hunter	Jetton
Johnson 90	Jolly	Jones	Kelley 47	Kelly 144
Kelly 36	King	Koller	Lawson	Legan
Liese	Linton	Lograsso	Long	Lowe
Luetkemeyer	Luetkenhaus	Marble	May 149	Mayer
Mays 50	McKenna	Merideth	Miller	Monaco
Moore	Myers	Naeger	Nordwald	O'Connor
O'Toole	Ostmann	Overschmidt	Paone	Phillips
Portwood	Purgason	Quinn	Ransdall	Rector
Reid	Relford	Reynolds	Richardson	Ridgeway
Rizzo	Roark	Robirds	Ross	Scheve
Schwab	Scott	Seigfreid	Selby	Shelton
Shields	Shoemaker	Shoemyer	Skaggs	Smith
St. Onge	Surface	Thompson	Townley	Treadway
Troupe	Villa	Vogel	Wagner	Walker
Walton	Ward	Whorton	Williams	Willoughby
Wilson 25	Wilson 42	Wright	Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 018
Bartelsmeyer	Berkstresser	Boykins	Burcham	Cierpiot
Crump	Enz	Foley	Franklin	Green 73
Harlan	Johnson 61	Kelly 27	Marsh	Murphy
Reinhart	Secrest	Van Zandt
VACANCIES: 001

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

AYES: 145
Abel	Baker	Ballard	Barnett	Barnitz
Barry 100	Bartle	Behnen	Berkowitz	Berkstresser
Black	Bland	Boatright	Bonner	Boucher
Bowman	Bray 84	Britt	Brooks	Burcham
Burton	Byrd	Campbell	Carnahan	Champion
Clayton	Cooper	Copenhaver	Crawford	Crowell
Cunningham	Curls	Daus	Davis	Dempsey
Dolan	Fares	Franklin	Fraser	Froelker
Gambaro	Gaskill	George	Graham	Gratz
Green 15	Griesheimer	Hagan-Harrell	Hampton	Hanaway
Harding	Hartzler	Haywood	Hegeman	Henderson
Hendrickson	Hickey	Hilgemann	Hohulin	Holand
Hollingsworth	Holt	Hoppe	Hosmer	Hunter
Jetton	Johnson 90	Jolly	Jones	Kelley 47
Kelly 144	Kelly 27	Kelly 36	King	Koller
Lawson	Legan	Liese	Linton	Lograsso
Long	Lowe	Luetkemeyer	Luetkenhaus	Marble
May 149	Mayer	Mays 50	McKenna	Merideth
Miller	Monaco	Moore	Myers	Naeger
Nordwald	O'Connor	O'Toole	Ostmann	Overschmidt
Paone	Phillips	Purgason	Quinn	Ransdall
Rector	Reid	Reinhart	Relford	Reynolds
Richardson	Ridgeway	Rizzo	Roark	Robirds
Ross	Scheve	Schwab	Scott	Seigfreid
Selby	Shelton	Shields	Shoemaker	Shoemyer
Skaggs	Smith	St. Onge	Thompson	Townley
Treadway	Troupe	Villa	Vogel	Wagner
Walker	Walton	Ward	Whorton	Williams
Willoughby	Wilson 25	Wilson 42	Wright	Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 017
Bartelsmeyer	Bearden	Boykins	Cierpiot	Crump
Enz	Farnen	Foley	Green 73	Harlan
Johnson 61	Marsh	Murphy	Portwood	Secrest
Surface	Van Zandt
VACANCIES: 001

Representative Monaco assumed the Chair.

THIRD READING OF SENATE BILLS

HCS SCS SB 892, relating to cemetery services, was taken up by Representative O'Connor.

On motion of Representative O'Connor, HCS SCS SB 892 was adopted.

On motion of Representative O'Connor, HCS SCS SB 892 was read the third time and passed by the following vote:

AYES: 138
Abel	Baker	Ballard	Barnett	Barnitz
Barry 100	Bartelsmeyer	Bartle	Behnen	Berkowitz
Berkstresser	Black	Bland	Bonner	Boucher
Bowman	Bray 84	Britt	Brooks	Burton
Byrd	Campbell	Carnahan	Champion	Cierpiot
Clayton	Cooper	Copenhaver	Crawford	Crowell
Cunningham	Curls	Daus	Davis	Dempsey
Dolan	Fares	Farnen	Fraser	Froelker
Gambaro	Gaskill	George	Graham	Gratz
Green 15	Griesheimer	Hagan-Harrell	Hampton	Hanaway
Harding	Hartzler	Haywood	Hegeman	Hickey
Hilgemann	Holand	Hollingsworth	Holt	Hoppe
Hosmer	Jetton	Johnson 61	Johnson 90	Jolly
Jones	Kelley 47	Kelly 27	Kelly 36	King
Koller	Legan	Liese	Linton	Long
Lowe	Luetkemeyer	Luetkenhaus	Marble	May 149
Mayer	Mays 50	McKenna	Merideth	Miller
Monaco	Moore	Myers	Naeger	Nordwald
O'Connor	O'Toole	Ostmann	Overschmidt	Paone
Portwood	Quinn	Ransdall	Rector	Reid
Reinhart	Relford	Reynolds	Richardson	Ridgeway
Rizzo	Roark	Robirds	Ross	Scheve
Schwab	Scott	Seigfreid	Selby	Shelton
Shields	Shoemaker	Shoemyer	Skaggs	Smith
St. Onge	Surface	Thompson	Townley	Troupe
Villa	Vogel	Wagner	Walker	Walton
Ward	Whorton	Williams	Willoughby	Wilson 25
Wilson 42	Wright	Mr. Speaker
NOES: 012
Bearden	Boatright	Burcham	Henderson	Hendrickson
Hohulin	Hunter	Kelly 144	Lawson	Phillips
Purgason	Treadway
PRESENT: 000
ABSENT WITH LEAVE: 012
Boykins	Crump	Enz	Foley	Franklin
Green 73	Harlan	Lograsso	Marsh	Murphy
Secrest	Van Zandt
VACANCIES: 001

Representative Monaco declared the bill passed.

SCS SB 1026, relating to health insurance, was taken up by Representative Barry.

Representative Barry offered HS SCS SB 1026.

Representative Portwood offered House Amendment No. 1.

Representative Barry raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

Representative Monaco requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Wright offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for Senate Committee Substitute for Senate Bill No. 1026, Page 1, Section A, Line 11, by inserting the following:

"376.1231. 1. For purposes of this section, "health care provider" or "provider" means a chiropractic physician licensed pursuant to chapter 331, RSMo, or a medical physician or surgeon licensed pursuant to chapter 334, RSMo. Any health carrier, as defined in section 376.1350, shall not discriminate against any health care provider or group of providers based on licensure, or limit or restrict the diagnosis, treatment, management, or reimbursement of the same or similar condition, injury, complaint, disorder, or ailment while acting within the scope of their practice.

2. All health care providers may be subject to reasonable deductibles, co-payment, and coinsurance amounts, fee or benefit limits, practice parameters and reasonable utilization review; provided that any such amounts, limits, and review shall not function to direct treatment in a manner which unfairly discriminates against any health care providers and are no more restrictive than those applicable under the same policy of care or services provided by other health care providers in the diagnosis, treatment, and management of the same or similar conditions, injuries, complaints, disorders, or ailments, even if differing nomenclature is used to describe the condition, injury, complaint, disorder, or ailment."; and

Further amend title, enacting clause and intersectional references accordingly.

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

Which motion was defeated by the following vote:

AYES: 056
Ballard	Bartelsmeyer	Bartle	Bearden	Berkstresser
Black	Boatright	Burton	Byrd	Crawford
Crowell	Cunningham	Fares	Green 15	Hampton
Hanaway	Hartzler	Henderson	Hohulin	Jetton
Johnson 90	Jolly	Kelley 47	King	Legan
Liese	Linton	Lograsso	Long	Luetkemeyer
Marble	May 149	Miller	Moore	Myers
Naeger	Ostmann	Phillips	Portwood	Rector
Reid	Reinhart	Richardson	Ridgeway	Rizzo
Roark	Ross	Scott	Shields	Shoemaker
Smith	St. Onge	Surface	Townley	Vogel
Wright
NOES: 083
Abel	Barnett	Barnitz	Barry 100	Behnen
Berkowitz	Bland	Bonner	Boucher	Bowman
Bray 84	Britt	Burcham	Campbell	Carnahan
Champion	Clayton	Copenhaver	Curls	Daus
Davis	Dempsey	Farnen	Fraser	Froelker
Gambaro	Gaskill	George	Graham	Gratz
Green 73	Griesheimer	Hagan-Harrell	Harding	Haywood
Hegeman	Hendrickson	Hilgemann	Holand	Hollingsworth
Holt	Hoppe	Hosmer	Jones	Kelly 27
Koller	Lawson	Lowe	Luetkenhaus	Mayer
Mays 50	McKenna	Merideth	Monaco	Nordwald
O'Connor	O'Toole	Overschmidt	Paone	Purgason
Quinn	Ransdall	Relford	Reynolds	Robirds
Scheve	Schwab	Seigfreid	Selby	Shelton
Shoemyer	Thompson	Treadway	Troupe	Villa
Wagner	Walker	Walton	Ward	Whorton
Wilson 25	Wilson 42	Mr. Speaker
PRESENT: 001
Kelly 36
ABSENT WITH LEAVE: 022
Baker	Boykins	Brooks	Cierpiot	Cooper
Crump	Dolan	Enz	Foley	Franklin
Harlan	Hickey	Hunter	Johnson 61	Kelly 144
Marsh	Murphy	Secrest	Skaggs	Van Zandt
Williams	Willoughby
VACANCIES: 001

Representative Treadway offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for Senate Committee Substitute for Senate Bill No. 1026, Page 1, Section A, Line 2, by inserting after all of said line the following:

"194.220. 1. Any individual of sound mind who is at least eighteen years of age may give all or any part of his or her body for any purpose specified in section 194.230, the gift to take effect upon death. Any individual who is a minor and at least sixteen years of age may effectuate a gift for any purpose specified in section 194.230, provided parental or guardian consent is deemed given. Parental or guardian consent shall be noted on the minor's donor card, application for the donor's instruction permit or driver's license, or other document of gift. An express gift that is not revoked by the donor before death is irrevocable, and the donee shall be authorized to accept the gift without obtaining the consent of any other person.

2. Any of the following persons, in order of priority stated, when persons in prior classes are not available at the time of death, and in the absence of actual knowledge of a gift by the decedent [under] pursuant to subsection 1 of this section or actual notice of contrary indications by the decedent [or of opposition by a member of the same or a prior class], may give all or any part of the decedent's body for any purpose specified in section 194.230:

(1) An attorney in fact under a durable power of attorney that expressly refers to making a gift of all or part of the principal's body [under] pursuant to the uniform anatomical gift act;

(2) The spouse;

(3) An adult son or daughter;

(4) Either parent;

(5) An adult brother or sister;

(6) A guardian of the person of the decedent at the time of his or her death;

(7) Any other person authorized or under obligation to dispose of the body.

3. If the donee has actual notice of contrary indications by the decedent [or that a gift by a member of a class is opposed by a member of the same or a prior class], the donee shall not accept the gift. The persons authorized by subsection 2 of this section may make the gift after or immediately before death.

4. A gift of all or part of a body authorizes any examination necessary to assure medical acceptability of the gift for the purposes intended.

5. The rights of the donee created by the gift are paramount to the rights of others except as provided by subsection 4 of section 194.270.

194.230. The following persons may become donees of gifts of bodies or parts thereof for the purposes stated:

(1) Any hospital, surgeon, or physician, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(2) Any accredited medical or dental school, college or university or the state anatomical board for education, research, advancement of medical or dental science, or therapy; or

(3) Any bank or storage facility, for medical or dental education, research, advancement of medical or dental science, therapy, or transplantation; or

(4) Any specified individual for therapy or transplantation needed by [him] such individual."; and

Further amend said bill, Page 8, Section 376.1253, Line 1 of said page, by inserting after all of said line the following:

"376.1275. 1. Each health carrier or health benefit plan that offers or issues health benefit plans which are delivered, issued for delivery, continued, or renewed in this state on or after January 1, 2003, shall include coverage for their members for the cost for human leukocyte antigen testing, also referred to as histocompatibility locus antigen testing, for A, B, and DR antigens for utilization in bone marrow transplantation. The testing must be performed in a facility which is accredited by the American Association of Blood Banks or its successors, and is licensed under the Clinical Laboratory Improvement Act, 42 U.S.C. Section 263a, as amended, and is accredited by the American Association of Blood Banks or its successors, the College of American Pathologists, the American Society for Histocompatibility and Immunogenetics (ASHI) or any other national accrediting body with requirements that are substantially equivalent to or more stringent than those of the College of American Pathologists. At the time of testing, the person being tested must complete and sign an informed consent form which also authorizes the results of the test to be used for participation in the National Marrow Donor Program. The health benefit plan may limit each enrollee to one such testing per lifetime to be reimbursed at a cost of no greater than one hundred twenty-five dollars by the health carrier or health benefit plan.

2. For the purposes of this section, "health carrier" and "health benefit plan" shall have the same meaning as defined in section 376.1350.

3. The health care service required by this section shall not be subject to any greater deductible or copayment than other similar health care services provided by the health benefit plan.

4. The provisions of this section shall not apply to a supplemental insurance policy, including a life care contract, accident-only policy, specified disease policy, hospital policy providing a fixed daily benefit only, Medicare supplement policy, long-term care policy, short-term major medical policies of six months or less duration, or any other supplemental policy as determined by the director of the department of insurance.

Section 1. The provisions of subsection 1 of section 294.220, RSMo, relating to allowing a minor who is at least sixteen years of age to effectuate a gift for any purpose specified in section 194.230, RSMo, through the driver's license or instruction permit application process, shall be effective July 1, 2003."; and

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

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

On motion of Representative Barry, HS SCS SB 1026, as amended, was adopted.

On motion of Representative Barry, HS SCS SB 1026, as amended, was read the third time and passed by the following vote:

AYES: 140
Abel	Ballard	Barnett	Barnitz	Barry 100
Bartelsmeyer	Bartle	Bearden	Behnen	Berkowitz
Berkstresser	Black	Bland	Boatright	Bonner
Boucher	Bowman	Bray 84	Britt	Burcham
Burton	Campbell	Carnahan	Champion	Clayton
Cooper	Copenhaver	Crawford	Crowell	Cunningham
Curls	Daus	Davis	Dempsey	Fares
Farnen	Fraser	Froelker	Gambaro	Gaskill
George	Graham	Gratz	Green 15	Griesheimer
Hagan-Harrell	Hampton	Hanaway	Harding	Hartzler
Haywood	Hegeman	Henderson	Hendrickson	Hilgemann
Hohulin	Holand	Hollingsworth	Holt	Hoppe
Hosmer	Jetton	Johnson 61	Johnson 90	Jolly
Jones	Kelley 47	Kelly 27	Kelly 36	King
Koller	Lawson	Legan	Liese	Linton
Lograsso	Long	Lowe	Luetkemeyer	Luetkenhaus
Marble	May 149	Mayer	Mays 50	McKenna
Merideth	Miller	Moore	Myers	Naeger
Nordwald	O'Connor	O'Toole	Ostmann	Overschmidt
Paone	Phillips	Portwood	Purgason	Quinn
Ransdall	Rector	Reid	Reinhart	Relford
Reynolds	Richardson	Ridgeway	Rizzo	Roark
Robirds	Ross	Scheve	Schwab	Scott
Seigfreid	Selby	Shelton	Shields	Shoemaker
Shoemyer	Smith	St. Onge	Surface	Thompson
Townley	Treadway	Troupe	Villa	Vogel
Wagner	Walker	Walton	Ward	Whorton
Willoughby	Wilson 25	Wilson 42	Wright	Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 022
Baker	Boykins	Brooks	Byrd	Cierpiot
Crump	Dolan	Enz	Foley	Franklin
Green 73	Harlan	Hickey	Hunter	Kelly 144
Marsh	Monaco	Murphy	Secrest	Skaggs
Van Zandt	Williams
VACANCIES: 001

Representative Monaco declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

HCS SS SCS SB 840, relating to the statute of limitations, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HCS SS SCS SB 840 was adopted.

On motion of Representative Hosmer, HCS SS SCS SB 840 was read the third time and passed by the following vote:

AYES: 139
Abel	Ballard	Barnett	Barry 100	Bartelsmeyer
Bartle	Bearden	Behnen	Berkowitz	Berkstresser
Black	Bland	Boatright	Bonner	Boucher
Bowman	Bray 84	Britt	Brooks	Burcham
Burton	Byrd	Campbell	Carnahan	Champion
Clayton	Cooper	Copenhaver	Crawford	Crowell
Cunningham	Curls	Daus	Davis	Dempsey
Dolan	Fares	Farnen	Fraser	Froelker
Gambaro	Gaskill	George	Graham	Gratz
Green 15	Griesheimer	Hagan-Harrell	Hampton	Hanaway
Harding	Hartzler	Hegeman	Henderson	Hendrickson
Hilgemann	Hohulin	Holand	Hollingsworth	Holt
Hoppe	Hosmer	Jetton	Johnson 61	Johnson 90
Jolly	Jones	Kelley 47	Kelly 27	Kelly 36
King	Koller	Legan	Liese	Linton
Lograsso	Long	Lowe	Luetkemeyer	Luetkenhaus
Marble	May 149	Mayer	Mays 50	McKenna
Merideth	Miller	Moore	Myers	Naeger
Nordwald	O'Connor	O'Toole	Ostmann	Overschmidt
Paone	Phillips	Portwood	Purgason	Quinn
Ransdall	Rector	Reid	Reinhart	Relford
Reynolds	Richardson	Ridgeway	Rizzo	Roark
Robirds	Ross	Scheve	Schwab	Scott
Seigfreid	Selby	Shelton	Shields	Shoemaker
Shoemyer	Smith	St. Onge	Surface	Thompson
Townley	Troupe	Villa	Vogel	Wagner
Walker	Walton	Ward	Whorton	Willoughby
Wilson 25	Wilson 42	Wright	Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 023
Baker	Barnitz	Boykins	Cierpiot	Crump
Enz	Foley	Franklin	Green 73	Harlan
Haywood	Hickey	Hunter	Kelly 144	Lawson
Marsh	Monaco	Murphy	Secrest	Skaggs
Treadway	Van Zandt	Williams
VACANCIES: 001

Speaker Pro Tem Abel declared the bill passed.

SS#2 SCS SBs 984 & 985, relating to the Department of Natural Resources, was taken up by Representative Merideth.

Representative Merideth offered HS SS#2 SCS SBs 984 & 985.

Representative Merideth offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 984 & 985, Page 31, Section 247.220, Line 13 of said page, by deleting the word "absolutely".

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

Representative Barnitz offered House Amendment No. 2.

House Amendment No. 2 was withdrawn.

Representative Merideth offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 984 & 985, Page 63, Section 644.036, Lines 24 and 25 of said page, by deleting all of said lines; and

Further amend said bill, Page 64, Section 644.036, Lines 1 to 3 of said page, by deleting all of said lines and inserting in lieu thereof the following:

"5. Any listing required by Section 303(d) of the federal Clean Water Act, as amended, 33 U.S.C. 1251 et seq., to be sent to the U.S. Environmental Protection Agency for their approval that will result in any waters of this state being classified as impaired shall be adopted by rule pursuant to chapter 536, RSMo. Total maximum daily loads shall not be required for any listed waters that subsequently are determined to meet water quality standards.".

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

Representative Merideth offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 984 & 985, by inserting at the appropriate location the following section:

"644.581. Notwithstanding the provisions of section 644.570, RSMo, concerning the percentage ratio disbursement of grants and loans, if the full amount of grant and loan funds available for percentage ratio disbursement pursuant to section 644.578, 644.579, or 644.580, RSMo, are not disbursed to and accepted by eligible recipients, the department shall disburse any remaining funds to one or more of the other eligible recipients to which funds have already been disbursed and accepted."; and

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

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

Representative Selby offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 984 & 985, Page 7, Section 643.335, by inserting in the appropriate location the following:

"643.335. 1. The commission shall establish, by rule, a waiver amount which may be lower for older model vehicles and which, prior to January 1, 2001, shall be no greater than seventy-five dollars for model year vehicles prior to 1981, no greater than two hundred dollars for model year vehicles of 1981 to 1996 and no greater than four hundred and fifty dollars for model year vehicles of 1997 and all subsequent model years. On and after January 1, 2001, the commission may, by rule, set the waiver amount, except that the waiver amount shall not exceed the waiver amount provided in the federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., and the regulations promulgated thereunder for the enhanced motor vehicle emissions inspection.

2. The commission shall establish, by rule, a form and a procedure for verifying that repair and adjustment was performed on a failing vehicle prior to the granting of a waiver and approval.

3. The waiver form established pursuant to subsection 2 of this section shall be an affidavit requiring:

(1) A statement signed by the repairer that the specified work was done and stating the itemized charges for the work; and

(2) A statement signed by the emissions inspection contractor that an inspection of the vehicle verified, to the extent practical, that the specified work was done.

4. A vehicle which fails upon reinspection to meet the emissions standards specified by the commission shall have the emissions standards waived and receive approval only if the owner furnishes a complete, signed affidavit satisfying the requirements of subsection 3 of this section and the cost of the parts, repairs and adjustment work performed is equal to or greater than the waiver amount established by the commission. Costs for repair work may only be included toward reaching the waiver amount if the repairs are performed by a recognized repair technician as defined by rule. The Commission shall establish, by rule, that costs for parts included toward reaching the waiver amount shall include, to the maximum extent appropriate, reasonable costs for purchase of tools required to perform repairs and adjustment work on a failing vehicle owned by the person purchasing such tools.

5. No cost for parts, repairs or adjustments shall be included toward reaching the waiver amount if such costs are covered by an emission control performance warranty provided by the manufacturer at no additional cost to the vehicle owner unless the vehicle owner provides, with the affidavit, a written denial of warranty remedy from the motor vehicle manufacturer, dealer or other person providing the warranty.

6. No cost for parts, repairs or adjustments shall be included toward reaching the waiver amount if such costs are required to correct the effects of tampering with emissions systems or air pollution control devices."; and

Further amend title, enacting clause and intersectional references accordingly.

Representative Merideth 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.

Representative Britt assumed the Chair.

On motion of Representative Selby, House Amendment No. 4 was adopted.

Representative Smith offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 984 & 985, by inserting at the appropriate location the following:

"[644.018. In any contested case or judicial proceeding filed after January 1, 1998, involving surface water in any flood-prone area, if any defendant has obtained and fully complied with a permit from a political subdivision which has enacted orders or ordinances as required by the Federal Emergency Management Agency as a prerequisite to participation in the National Flood Insurance Program, and which political subdivision has jurisdiction, pursuant to the zoning laws of this state or the laws and regulations of the Federal Emergency Management Agency, over the area in dispute, then the proper permitting and compliance with all conditions of such permitting of such project shall be conclusive proof that the project is a reasonable use and meets any reasonable-use test imposed by law or by a court.]"; and

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

On motion of Representative Smith, House Amendment No. 5 was adopted.

Representative Barnitz offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for Senate Substitute No. 2 for Senate Committee Substitute for Senate Bill Nos. 984 & 985, Page 46, Section 414.043, Line 16 of said page, by deleting the words "January 1, 2004" and inserting in lieu thereof the following: "July 31, 2005".

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

On motion of Representative Merideth, HS SS#2 SCS SBs 984 & 985, as amended, was adopted.

On motion of Representative Merideth, HS SS#2 SCS SBs 984 & 985, as amended, was read the third time and passed by the following vote:

AYES: 132
Abel	Barnitz	Barry 100	Bartle	Bearden
Behnen	Berkowitz	Berkstresser	Black	Boatright
Bonner	Boucher	Bowman	Bray 84	Britt
Brooks	Burcham	Burton	Byrd	Campbell
Carnahan	Champion	Cierpiot	Clayton	Copenhaver
Crawford	Crowell	Cunningham	Curls	Daus
Davis	Enz	Fares	Farnen	Gambaro
Gaskill	George	Graham	Gratz	Green 15
Green 73	Griesheimer	Hagan-Harrell	Hampton	Hanaway
Harding	Harlan	Hartzler	Haywood	Hegeman
Henderson	Hendrickson	Hickey	Hilgemann	Hohulin
Holand	Hollingsworth	Holt	Hoppe	Hosmer
Johnson 90	Jolly	Jones	Kelley 47	Kelly 144
Kelly 27	Kelly 36	King	Koller	Lawson
Legan	Liese	Linton	Lograsso	Lowe
Luetkemeyer	Luetkenhaus	Marble	May 149	Mayer
Mays 50	McKenna	Merideth	Miller	Moore
Murphy	Myers	Naeger	Nordwald	O'Toole
Ostmann	Overschmidt	Paone	Phillips	Purgason
Quinn	Ransdall	Rector	Reinhart	Relford
Reynolds	Richardson	Ridgeway	Rizzo	Roark
Robirds	Ross	Scheve	Schwab	Scott
Seigfreid	Selby	Shelton	Shoemaker	Shoemyer
Smith	St. Onge	Surface	Troupe	Van Zandt
Villa	Vogel	Wagner	Walker	Walton
Ward	Whorton	Williams	Wilson 25	Wilson 42
Wright	Mr. Speaker
NOES: 001
Jetton
PRESENT: 001
Johnson 61
ABSENT WITH LEAVE: 028
Baker	Ballard	Barnett	Bartelsmeyer	Bland
Boykins	Cooper	Crump	Dempsey	Dolan
Foley	Franklin	Fraser	Froelker	Hunter
Long	Marsh	Monaco	O'Connor	Portwood
Reid	Secrest	Shields	Skaggs	Thompson
Townley	Treadway	Willoughby
VACANCIES: 001

Representative Britt declared the bill passed.

HCS SB 989, relating to property tax, was taken up by Representative Hartzler.

Representative Fares offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 989, by inserting the following in the appropriate location:

"137.776. As used in sections 137.776 to 137.782, the following terms mean:

(1) "Assessor", the county assessor as provided for in chapter 53, RSMo;

(2) "Certificate of value", a form for reporting the following:

(a) In the case of any deed not a gift, the amount of the full actual consideration therefor, paid or to be paid, including the amount of any lien or liens thereon; and

(b) A statement of the actual or intended use of such property; and

(c) A statement as to whether or not the transaction was at arms length; or

(d) The reason or reasons why any information set out in paragraphs (a) and (b) of this subdivision is not required, as set forth in section 137.780;

(3) "Recorder", the recorder of deeds as provided for in chapter 59, RSMo;

(4) "Residential, commercial or industrial real property", property which in the most recent assessment prior to the property's transfer was assessed as residential property or as utility, industrial, commercial, railroad and other real property as defined in section 137.016.

137.777. 1. No recorder shall accept for recording any deed or instrument by which any interest in residential, commercial, or industrial real property within the state of Missouri shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, any person or persons unless the deed or instrument indicates, in a manner to be determined by the state tax commission, that a completed certificate of value has been delivered to the assessor. The assessor shall file any certificate of value received by such assessor.

2. The following persons are responsible for the delivery of a certificate of value:

(1) The grantee of the deed or instrument, or any responsible officer or agent of a grantee which is a corporation, partnership or other entity; or

(2) The attorney, real estate agent or broker, or title company representing the grantee in any such transaction, or delivering the deed or other instrument to the recorder, and including each responsible officer and agent of the foregoing.

137.779. 1. Each certificate of value delivered pursuant to sections 137.776 to 137.782 shall be affirmed by one of the grantees, or the grantee's legal representative, as to the veracity of the declaration of value of the residential, commercial, or industrial real property transferred.

2. The form of the certificate of value shall include the affirmation required by subsection 1 of this section and shall be prescribed by the state tax commission, which shall provide an adequate supply of such forms without charge to each recorder in the state.

3. All certificates of value shall be made available by the assessor to the state tax commission or its representatives.

137.780. The financial data required on the certificate of value pursuant to sections 137.776 to 137.782 need not be provided on a certificate of value for a transfer of title or other interest in residential, commercial, or industrial real property:

(1) When the consideration for the interest or property conveyed is less than one hundred dollars;

(2) Made solely to provide or release security for a debt or obligation;

(3) Which confirms or corrects a deed previously recorded;

(4) Between husband and wife or parent and child with only nominal actual consideration therefor;

(5) Made in settlement of a dissolution of marriage;

(6) Made pursuant to a sale for delinquent taxes;

(7) Made in the closing or liquidation of an estate or guardianship estate;

(8) On partition;

(9) Made by a subsidiary corporation to its parent corporation for no consideration, nominal consideration, or in sole consideration of the cancellation or surrender of the subsidiary's stock;

(10) Made in the foreclosure of a deed of trust or other security interest;

(11) If the instrument was executed prior to the effective date of sections 137.776 to 137.782;

(12) When the instrument is a mining or mineral lease;

(13) When the transfer of title is to or from the United States, the state of Missouri, or any other instrumentality, agency, or political subdivision thereof;

(14) Of cemetery lots;

(15) When ordered by any court;

(16) When such property is located in a political subdivision which has established by ordinance or amendment its own system of requiring certificates of value; except that, in such political subdivisions the provision of section 137.779 relating to making certificates of value available to the state tax commission shall apply.

137.782. 1. Except as provided in sections 137.776 to 137.780, no current or former assessor or state tax commissioner or any current or former deputy, employee or agent of such officer shall disclose any information received as a result of the filing of a certificate of value required by sections 137.776 to 137.780. Any information received as a result of the filing of a certificate of value as required by sections 137.776 to 137.780 shall be closed records and shall be exempt from disclosure, examination, and copying pursuant to chapter 610, RSMo.

2. Nothing in sections 137.776 to 137.782 shall be construed to prohibit:

(1) The use of information contained in a certificate of value by the assessor for statistical purposes in implementing a plan of general reassessment, as defined in section 137.073, or implementing an assessment and equalization maintenance plan approved pursuant to section 137.115;

(2) The use of information contained in a certificate of value by the state tax commission in developing ratios as required by chapter 163, RSMo, or other statistical purposes or public proceedings;

(3) The release of information contained in a certificate of value by the assessor upon receipt of a written request to a party who originally delivered the certificate of value or such party's duly authorized representative;

(4) The publication by the state tax commission of statistics so classified as to prevent the identification of particular certificates of value;

(5) The disclosure of certificates of value, or information related thereto, by the assessor upon receipt of a written request to the state auditor or the auditor's authorized employees or agents who have taken the oath of confidentiality required by section 29.070, RSMo, or the publication or disclosure by the state auditor of information concerning the certificates of value provided a particular certificate of value is not disclosed.

3. No deed may be filed without a certificate of value, for which there shall be a filing fee of ten dollars, payable at the time of filing.

137.784. Sections 137.776 to 137.782 shall become effective January 1, 2003."; and

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

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

Which motion was defeated by the following vote:

AYES: 043
Baker	Barry 100	Bearden	Bray 84	Byrd
Carnahan	Cunningham	Curls	Daus	Dempsey
Enz	Fares	Franklin	Fraser	Gambaro
George	Green 15	Green 73	Hagan-Harrell	Hanaway
Haywood	Hendrickson	Hilgemann	Holand	Hollingsworth
Holt	Johnson 61	Linton	Lowe	McKenna
Murphy	Ostmann	Paone	Portwood	Reid
Reynolds	Scheve	St. Onge	Treadway	Villa
Walton	Williams	Wilson 42
NOES: 106
Abel	Ballard	Barnett	Barnitz	Bartle
Behnen	Berkowitz	Berkstresser	Black	Bland
Boatright	Bonner	Boucher	Bowman	Brooks
Burcham	Burton	Campbell	Champion	Cierpiot
Clayton	Cooper	Copenhaver	Crawford	Crowell
Davis	Dolan	Farnen	Froelker	Gaskill
Graham	Gratz	Griesheimer	Hampton	Harding
Hartzler	Hegeman	Henderson	Hohulin	Hoppe
Hosmer	Hunter	Jetton	Johnson 90	Jolly
Jones	Kelley 47	Kelly 144	Kelly 27	Kelly 36
King	Koller	Lawson	Legan	Liese
Lograsso	Luetkemeyer	Luetkenhaus	Marble	May 149
Mayer	Mays 50	Merideth	Miller	Monaco
Moore	Myers	Naeger	Nordwald	O'Connor
O'Toole	Overschmidt	Phillips	Purgason	Quinn
Ransdall	Rector	Reinhart	Relford	Richardson
Ridgeway	Rizzo	Roark	Robirds	Ross
Schwab	Scott	Seigfreid	Selby	Shelton
Shields	Shoemaker	Shoemyer	Skaggs	Smith
Surface	Thompson	Townley	Van Zandt	Vogel
Wagner	Walker	Ward	Whorton	Willoughby
Wilson 25
PRESENT: 000
ABSENT WITH LEAVE: 013
Bartelsmeyer	Boykins	Britt	Crump	Foley
Harlan	Hickey	Long	Marsh