Journal of the House

First Regular Session, 91st General Assembly

FIFTY-FIFTH DAY, Wednesday, April 11, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God: we are told that if we seek we shall find, if we knock it will be opened to us. Help us to trust this truth of faith; and as a battery is recharged without a sound, so send Your Spirit and Your blessings into the hearts of the men and women of this House and their staff, that they may be enriched.

With a lightness of Spirit, renewed patience and inner peace, let them be ready for the challenges of this legislative day. 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: Ronald London, Leslie Smith, Andrew Stout, Kathleen Haight, Antoine Miller, Laura Frasher, Ryan Hays, David Randolph, Zachary Tennant, Alex Brooke, Cody Jackson, Sarah Walton, D.J. Perkins, Erika Smith, B.J. Duvall, Morgan Cavender, Amanda Gilmore, Tony Mullen, Danny Culver, Brandon Kaut, James Ley, Stephen Batson, Stephen Klobe, Dianne Scott and Allison White.

The Journal of the fifty-fourth day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1187 - Representative Koller

House Resolution No. 1188

through

House Resolution No. 1201 - Representative Levin

House Resolution No. 1202 - Representative Clayton

House Resolution No. 1203 - Representative Willoughby

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 28 was read the second time.

SECOND READING OF SENATE BILLS

SCS SBs 5 & 21, SCS SB 60, SS SCS SBs 214, 124, 209 & 322, SS SCS SBs 323 & 230, SS SCS SB 372, SB 385 and SB 462 were read the second time.

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 HS HB 349, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

THIRD READING OF HOUSE BILLS

HB 915, relating to disability discrimination, was taken up by Representative Graham.

On motion of Representative Graham, HB 915 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

The emergency clause was adopted by the following vote:

HS HB 891, relating to disclosure of health information, was taken up by Representative Smith.

On motion of Representative Smith, HS HB 891 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTION

HCR 4, relating to equal rights amendment, was taken up by Representative Williams.

Representative Williams moved that HCR 4 be read the third time and passed.

Which motion was defeated by the following vote:

Representative Williams requested a verification of the roll call on the Third Reading and Final Passage of HCR 4.

Speaker Pro Tem Abel assumed the Chair.

THIRD READING OF HOUSE BILLS - APPROPRIATIONS

HCS HB 13, relating to appropriations, was taken up by Representative Bonner.

On motion of Representative Bonner, HCS HB 13 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HB 18, relating to appropriations, was taken up by Representative Green (73).

On motion of Representative Green (73), HCS HB 18 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HB 19, relating to appropriations, was taken up by Representative Green (73).

On motion of Representative Green (73), HCS HB 19 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILL - INFORMAL

HB 882, relating to horse racing and pari-mutuel wagering, was taken up by Representative Crump.

Representative Crump offered HS HB 882.

Representative Ladd Baker offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 882, Page 5, Section 313.500, Line 2, by adding after the word "races" the following:

"On any live racing days at such race meeting grounds".

Representative Reynolds offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Substitute for House Bill No. 882, Page 5, Section 313.500, Line 2, by inserting after the word "races," the following:

"three days of simulcast for each day of live racing at such race meeting grounds,".

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

Which motion was defeated.

Representative Ladd Baker moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Legan offered House Amendment No. 2.

Representative Crump raised a point of order that House Amendment No. 2 goes beyond the scope of the house substitute.

The Chair ruled the point of order well taken.

Representative Shields offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 882, Page 8, Section 313.530, Line 18, by deleting the words "horse racing for education fund" and replacing with "Classroom Trust Fund" and deleting the remainder of said section; and

Further amend said bill, Page 47, Line 13, by adding after said line one new section as follows:

"163.201 For fiscal year 2003 and each subsequent fiscal year, the "Classroom Trust Fund" which is hereby created in the state treasury, shall be distributed by the state board of education to each school district on a per eligible pupil basis. The moneys distributed pursuant to this section shall be exempt from salary compliance pursuant to section 165.016, RSMo. The moneys may be used by the district for:

(1) school construction, renovation or leasing

(2) teacher recruitment, retention, salaries or professional development

(3) technology enhancements or textbooks or instructional materials; or

(4) school safety and violence prevention programs"; and

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

HB 882, with House Amendment No. 2 and HS, pending, was laid over.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SB 351, entitled:

An act to repeal sections 57.010, 488.5336, 590.100, 590.101, 590.105, 590.110, 590.112, 590.115, 590.117, 590.120, 590.121, 590.123, 590.125, 590.130, 590.131, 590.135, 590.150, 590.170, 590.175, 590.180 and 590.650, RSMo 2000, relating to selection and training of peace officers, and to enact in lieu thereof eighteen new sections relating to the same subject, with penalty provisions.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SBs 433 & 248, entitled:

An act to repeal section 537.053, RSMo 2000, relating to consumption of intoxicating beverage as proximate cause of injury in tort actions, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 428, entitled:

An act to repeal section 213.055, RSMo 2000, relating to unlawful employment practices, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

On motion of Representative Crump, the House recessed until 2:00 p.m.

AFTERNOON SESSION

The hour of recess having expired, the House was called to order by Speaker Pro Tem Abel.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Max McClorey, Jacob Hautly, Kyle Knoke, Johnny Matreci, Timmy Matreci and Jessica Castiaux.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1204 - Representative Relford

House Resolution No. 1205 - Representatives Bray and Fraser

House Resolution No. 1206 - Representative Behnen

House Resolution No. 1207 - Representative Riback Wilson (25)

House Resolution No. 1208

and

House Resolution No. 1209 - Representative Froelker

House Resolution No. 1210

through

House Resolution No. 1212 - Representative Byrd

House Resolution No. 1213 - Representative Graham

House Resolution No. 1214

and

House Resolution No. 1215 - Representatives Moore and Hartzler

House Resolution No. 1216 - Representative Smith

House Resolution No. 1217 - Representative Scott

ADOPTION AND THIRD READING OF HOUSE CONCURRENT RESOLUTIONS

HCR 10, relating to students with disabilities, was taken up by Representative Holand.

Representative Holand offered House Amendment No. 1.

House Amendment No. 1

AMEND House Concurrent Resolution No. 10, Page 830 of the March 27, 2001 House Journal, fourth "whereas" clause, by striking the phrase "at 40% of its cost" and inserting in lieu thereof the following:

"at 40% of the average per pupil expenditures for Part B of IDEA".

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

On motion of Representative Holand, HCR 10, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCR 24, relating to fuel prices, was taken up by Representative Boucher.

On motion of Representative Boucher, HCR 24 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCR 5, relating to the joint interim committee on telecommunications and energy, was taken up by Representative Mays (50).

Representative Mays (50) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Concurrent Resolution No. 5, Page 893 of the Journal of the House of Representatives for the Ninety-first General Assembly, First Regular Session, Line 18 of said page of the Journal, by deleting the word "jointly"; and

Further amend said resolution and page, Line 19 of said page of the Journal, by deleting the words "and Co-Pro Tem".

On motion of Representative Mays (50), House Amendment No. 1 was adopted.

On motion of Representative Mays (50), HCR 5, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILL - INFORMAL

HB 882, with House Amendment No. 2 and HS, pending, relating to horse racing and pari-mutuel wagering, was again taken up by Representative Crump.

Representative Kreider offered House Substitute Amendment No. 1 for House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Bill No. 882, Page 8, Section 313.530, Line 18, by deleting the words "Horse Racing for Education Fund" and inserting in lieu thereof the words "school building revolving fund pursuant to 166.300, RSMo,"; and

Further amend said bill, Page 8, Section 313.530, Line 23, by deleting the words "horse racing for education fund" and inserting in lieu thereof the words "school building revolving fund".

On motion of Representative Kreider, House Substitute Amendment No. 1 for House Amendment No. 2 was adopted by the following vote:

Representative Boucher offered House Amendment No. 3.

Representative Gambaro raised a point of order that House Amendment No. 3 goes beyond the scope of the house substitute.

The Chair ruled the point of order well taken.

Representative Levin offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 882, Page 47, Section 313.720, Line 13, by inserting after said line the following:

"Section B. Section A of this act is hereby submitted to the qualified voters of this state for approval or rejection at the next general election, pursuant to the laws and constitutional provisions of this state applicable to general elections and the submission of referendum measures by initiative petition, and it shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise."; and

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

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

Which motion was defeated by the following vote.

Representative Boatright offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 882, Page 47, Section 313.720, Line 13, by inserting after all of said line the following:

"Section 1. A licensee as defined in section 313.500 shall pay to the Missouri horse racing commission an admission fee of two dollars for each person entering the race meeting grounds for every two hours each person is on the race meeting grounds. One dollar of such fee shall be deposited to the credit of the Missouri horse racing fund created pursuant to section 313.530, and one dollar of such fee shall not be considered state funds and shall be paid to the county in which the race meeting grounds are located."; and

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

Representative Smith assumed the Chair.

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

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Substitute for House Bill No. 882, Page 33, Section 313.631, Line 15, by inserting after said line the following:

"Each licensee shall pay to the state treasurer an admission fee of two dollars for each person entering the race meeting ground with a ticket of admission. All revenue received by the state treasurer from the race meeting grounds admission fee shall be deposited in the state treasury to the credit of the "School Building Revolving Fund" pursuant to section 166.300. Moneys deposited into the "School Building Revolving Fund" shall be considered state funds pursuant to Article IV, Section 15 of the Missouri Constitution."; and

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

Speaker Pro Tem Abel resumed the Chair.

On motion of Representative Froelker, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted by the following vote:

Representative Boatright offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Bill No. 882, Page 47, Section 313.720, Line 13, by inserting after all of said section the following:

"Section 1. A tax is imposed on the adjusted gross receipts received from horse racing and pari-mutuel wagering authorized pursuant to sections 313.500 to 313.720 at the rate of ten percent for use in providing services necessary for the safety of the public visiting a race meeting grounds. The taxes imposed by this section shall be returned to the commission in accordance with the commission's rules and regulations who shall transfer such taxes to the director of revenue. All checks and drafts remitted for payment of these taxes and fees shall be made payable to the director of the department of revenue. The director of the department of revenue shall then transfer such taxes to the county in which the race meeting grounds are located. If the commission is not satisfied with the return or payment made by any licensee, it is hereby authorized and empowered to make an assessment of the amount due based upon any information within its possession or that shall come into its possession. Any licensee against whom an assessment is made by the commission may petition for a reassessment. The request for reassessment shall be made within twenty days from the date the assessment was mailed or delivered to the licensee, whichever is earlier. Whereupon the commission shall give notice of a hearing for reassessment and fix the date upon which the hearing shall be held. The assessment shall become final if a request for reassessment is not received by the commission within the twenty days. Except as provided in this section, all functions incident to the administration, collection, enforcement, and operation of the tax imposed by sections 144.010 to 144.525, RSMo, shall be applicable to the taxes and fees imposed by this section."; and

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

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

Which motion was defeated.

Representative Boucher offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Bill No. 882, Page 47, Section 313.720, Line 13, by inserting after all of said section the following:

"Section 1. A licensee as defined in section 313.800 RSMo 2000 is authorized to simulcast races and conduct pari-mutual wagering on the simulcast races under the supervision of the Missouri Horse Racing Commission. The Missouri Horse Racing Commission shall promulgate rules and regulations for the purpose of implementing this section."; and

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

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

The Chair ruled the point of order not well taken.

Representative Boucher moved that House Amendment No. 6 be adopted.

Which motion was defeated.

Representative Marble offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Bill No. 882, Page 43, Section 313.655, Line 6, by adding after said line the following:

"However, no individual may place a wager unless they have reached the age of 21 years. No individual shall be allowed to lose more than $500.00 per day.".

Representative Marble moved that House Amendment No. 7 be adopted.

Which motion was defeated.

Representative Purgason offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Bill No. 882, Page 46, Section 313.720, Line 20, by placing an opening bracket after the word "receive" and a closing bracket after the word "provide".

Representative Purgason moved that House Amendment No. 8 be adopted.

Which motion was defeated.

Representative Froelker offered House Amendment No. 9.

House Amendment No. 9 was withdrawn.

Representative Ballard offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Bill No. 882, Page 5, Section 313.510, Line 16, by removing the brackets from "missouri gaming commission"; and

Further amend by placing brackets around "department of public safety".

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

Which motion was defeated by the following vote:

Representative Froelker offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Bill No. 882, Page 10, Section 313.550, Line 9, by inserting after the word "felony" the following: "and a class C felony for second and subsequent violations.".

On motion of Representative Froelker, House Amendment No. 10 was adopted.

Representative Gaskill offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Bill No. 882, Page 46, Section 313.720, Line 14, by inserting after said line the following:

"The program shall include a "Missouri Bred" event within two years of the first race held and such event will be held at least twice each calendar year.".

On motion of Representative Gaskill, House Amendment No. 11 was adopted.

On motion of Representative Crump, HS HB 882, as amended, was adopted by the following vote:

Representative Boatright requested verification of the roll call on the adoption of HS HB 882, as amended.

On motion of Representative Crump, HS HB 882, as amended, was ordered perfected and printed by the following vote:

Representative Purgason requested verification of the roll call on the perfection of HS HB 882, as amended.