Journal of the House



First Regular Session, 91st General Assembly


FIFTY-EIGHTH DAY, Wednesday, April 18, 2001



Speaker Kreider in the Chair.



Prayer by Reverend Rudy Beard.



Gracious God: the sky is a rich blue. The grass is a deep green. The Spring air is fresh. These halls are alive with Missouri's children. Thank you. Bless the men and women of the House on this new day.



Help them to make good decisions. Protect them from narrow self-interest. Keep before them the absolutes of life, honesty, justice and obedience to what You require. 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: Tina Bittner, Carolina Herrera, Clementine Seguin, Ulrike Geisemeyer, Macarena Martinez, Marc Kuster, Marco Dominici, Barbara Castellanos, Alex Bieg, Lisa Corsale, Laura Illinger, Jon McKenna, Ryan Armstrong, Jerrian Johnson, Wayne Sisk, Nash Stephens, Cassandra Wright, Derek Thomas Schloemann, Kathryn L. Wolterman, Aaron Aston Awtrey, Martha Stolzenberg, Bryan Timothy Currinder, Celia Catharine Rudolph, Lindsey Marlee Harrison, Emmanuel Christian Smith, Elise Gray, Lyndon Gray, Denny J. Merideth IV and Kristofer D. Merideth.



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



AYES: 087
Abel Baker Barnitz Barry 100 Berkowitz
Bland Bonner Boucher Bowman Boykins
Bray 84 Britt Brooks Campbell Carnahan
Clayton Coleman Copenhaver Crump Curls
Davis Farnen Foley Franklin Fraser
Gambaro George Graham Gratz Green 15
Green 73 Hagan-Harrell Hampton Harding Harlan
Haywood Hickey Hilgemann Holand Hollingsworth
Holt Hoppe Hosmer Johnson 61 Johnson 90
Jolly Kelly 27 Kelly 36 Kennedy Koller
Lawson Liese Lowe Luetkenhaus Mays 50
McKenna Merideth Monaco O'Connor O'Toole
Overschmidt Ransdall Relford Reynolds Rizzo
Scheve Seigfreid Selby Shelton Shoemyer
Skaggs Smith Surface Thompson Treadway

Troupe Van Zandt Villa Wagner Walton
Ward Wiggins Williams Willoughby Wilson 25
Wilson 42 Mr. Speaker
NOES: 070
Ballard Barnett Bartelsmeyer Bartle Bearden
Behnen Berkstresser Black Boatright Burcham
Burton Byrd Champion Cierpiot Cooper
Crawford Crowell Cunningham Dempsey Dolan
Enz Fares Froelker Gaskill Griesheimer
Hanaway Hartzler Hegeman Henderson Hendrickson
Hohulin Hunter Jetton Kelley 47 Kelly 144
King Legan Levin Linton Long
Luetkemeyer Marble May 149 Mayer Miller
Moore Murphy Myers Naeger Nordwald
Ostmann Phillips Portwood Purgason Rector
Reid Reinhart Richardson Ridgeway Roark
Robirds Ross Schwab Scott Secrest
Shields St. Onge Townley Vogel Wright
PRESENT: 001
Marsh
ABSENT WITH LEAVE: 002
Ford Lograsso
VACANCIES: 003


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 1313

and

House Resolution No. 1314 - Representative Naeger

House Resolution No. 1315

and

House Resolution No. 1316 - Representative Fares

House Resolution No. 1317 - Representative Williams

House Resolution No. 1318 - Representative Kelly (36)

House Resolution No. 1319 - Representative Mayer

House Resolution No. 1320 - Representatives Vogel and Gratz



SECOND READING OF SENATE BILLS



SS #2 SCS SBs 22 & 106, SS SCS SBs 89 & 37 and SS SCS SBs 347 & 487 were read the second time.









BILL IN CONFERENCE



Representative Smith assumed the Chair.



Speaker Pro Tem Abel assumed the Chair.



CCR SCS HCS HB 15, relating to appropriations, was taken up by Representative Green (73).



On motion of Representative Green (73), CCR SCS HCS HB 15 was adopted by the following vote:



AYES: 093
Abel Baker Barnett Barnitz Barry 100
Berkowitz Black Bland Bonner Boucher
Bowman Boykins Britt Brooks Burton
Campbell Carnahan Clayton Coleman Copenhaver
Crump Curls Davis Farnen Foley
Franklin Fraser Gambaro Gaskill George
Graham Gratz Green 15 Green 73 Hagan-Harrell
Hampton Harding Harlan Hartzler Haywood
Hegeman Hickey Hilgemann Holand Hollingsworth
Johnson 61 Johnson 90 Jolly Kelly 27 Kelly 36
Kennedy Koller Lawson Legan Liese
Lowe Mays 50 McKenna Merideth Monaco
Murphy Myers O'Connor O'Toole Overschmidt
Ransdall Relford Reynolds Rizzo Scheve
Schwab Seigfreid Shelton Shields Shoemyer
Skaggs Smith Surface Thompson Treadway
Troupe Van Zandt Villa Vogel Wagner
Walton Ward Wiggins Williams Willoughby
Wilson 25 Wilson 42 Mr. Speaker
NOES: 063
Ballard Bartelsmeyer Bartle Bearden Behnen
Berkstresser Boatright Burcham Byrd Champion
Cierpiot Cooper Crawford Crowell Cunningham
Dempsey Enz Fares Froelker Griesheimer
Hanaway Henderson Hendrickson Hohulin Holt
Hoppe Hosmer Hunter Jetton Kelley 47
Kelly 144 King Levin Linton Lograsso
Long Luetkemeyer Marble Marsh May 149
Mayer Miller Moore Naeger Nordwald
Ostmann Phillips Portwood Purgason Rector
Reid Reinhart Richardson Ridgeway Roark
Robirds Ross Scott Secrest Selby
St. Onge Townley Wright
PRESENT: 000
ABSENT WITH LEAVE: 004
Bray 84 Dolan Ford Luetkenhaus
VACANCIES: 003

On motion of Representative Green (73), CCS SCS HCS HB 15 was read the third time and passed by the following vote:



AYES: 093
Abel Baker Barnett Barry 100 Behnen
Berkowitz Black Bland Bonner Boucher
Bowman Boykins Britt Brooks Burton
Campbell Carnahan Clayton Coleman Cooper
Copenhaver Crump Curls Davis Farnen
Foley Franklin Fraser Gambaro George
Graham Gratz Green 15 Green 73 Hagan-Harrell
Hampton Harlan Hartzler Haywood Hegeman
Hickey Hilgemann Holand Hollingsworth Johnson 61
Johnson 90 Jolly Kelly 27 Kelly 36 Kennedy
Koller Lawson Legan Liese Long
Lowe Mays 50 McKenna Merideth Monaco
Murphy Myers O'Connor O'Toole Overschmidt
Ransdall Relford Reynolds Robirds Scheve
Schwab Seigfreid Shelton Shields Shoemyer
Skaggs Smith Surface Thompson Treadway
Troupe Van Zandt Villa Vogel Wagner
Walton Ward Wiggins Williams Willoughby
Wilson 25 Wilson 42 Mr. Speaker
NOES: 055
Ballard Bartelsmeyer Bartle Bearden Berkstresser
Boatright Burcham Byrd Champion Cierpiot
Crawford Crowell Cunningham Dempsey Dolan
Enz Fares Froelker Hanaway Henderson
Hendrickson Hohulin Holt Hoppe Hosmer
Hunter Jetton Kelly 144 Levin Linton
Lograsso Marble Marsh Mayer Miller
Moore Naeger Nordwald Ostmann Phillips
Portwood Purgason Rector Reid Reinhart
Richardson Ridgeway Roark Ross Scott
Secrest Selby St. Onge Townley Wright
PRESENT: 000
ABSENT WITH LEAVE: 012
Barnitz Bray 84 Ford Gaskill Griesheimer
Harding Kelley 47 King Luetkemeyer Luetkenhaus
May 149 Rizzo
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



THIRD READING OF HOUSE BILL



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



On motion of Representative Crump, HS HB 882 was read the third time and passed by the following vote:



AYES: 083
Abel Barnitz Barry 100 Berkowitz Bland
Bonner Boucher Bowman Boykins Bray 84
Britt Byrd Carnahan Clayton Coleman
Copenhaver Crump Curls Davis Dolan
Farnen Foley Ford Franklin Fraser
Gambaro Gaskill George Graham Gratz
Green 15 Green 73 Griesheimer Hagan-Harrell Harlan
Haywood Henderson Hickey Hohulin Hollingsworth
Holt Hoppe Johnson 61 Johnson 90 Kennedy
King Koller Liese Long Lowe
Luetkenhaus Mays 50 McKenna Merideth Monaco
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Relford Reynolds Richardson Ridgeway
Rizzo Scheve Seigfreid Selby Shelton
Shoemyer Thompson Townley Treadway Troupe
Van Zandt Villa Wagner Ward Wiggins
Williams Wilson 42 Mr. Speaker
NOES: 069
Baker Ballard Barnett Bartelsmeyer Bartle
Bearden Behnen Berkstresser Black Boatright
Burcham Burton Campbell Champion Cooper
Crawford Crowell Cunningham Dempsey Enz
Hampton Harding Hartzler Hegeman Hendrickson
Hilgemann Holand Hunter Jetton Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Lawson
Legan Levin Linton Lograsso Luetkemeyer
Marsh May 149 Mayer Miller Moore
Murphy Myers Phillips Portwood Purgason
Ransdall Rector Reid Reinhart Roark
Robirds Ross Schwab Scott Secrest
Shields Skaggs Smith St. Onge Surface
Walton Willoughby Wilson 25 Wright
PRESENT: 001
Fares
ABSENT WITH LEAVE: 007
Brooks Cierpiot Froelker Hanaway Hosmer
Marble Vogel
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



Representative Purgason requested a verification of the roll call on the Third Reading and Final Passage of HS HB 882.



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



AFTERNOON SESSION



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



The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Brandt Shields.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 1321 - Representative Luetkenhaus

House Resolution No. 1322 - Representative Burcham

House Resolution No. 1323 - Representative Boucher

House Resolution No. 1324

and

House Resolution No. 1325 - Representative Wilson (42)

House Resolution No. 1326 - Representative Seigfreid

House Resolution No. 1327 - Representative Kelley (47)

House Resolution No. 1328

and

House Resolution No. 1329 - Representative Skaggs

House Resolution No. 1330

through

House Resolution No. 1382 - Representative Crowell

House Resolution No. 1383

and

House Resolution No. 1384 - Representative Troupe

House Resolution No. 1385

through

House Resolution No. 1395 - Representatives Harding, Skaggs and Phillips

House Resolution No. 1396 - Representative Kreider

House Resolution No. 1397 - Representative Rector



PERFECTION OF HOUSE BILLS



HCS HBs 835, 90, 707, 373, 641, 510, 516 & 572, with House Amendment No. 30 and HS, as amended, pending, relating to omnibus crime bill, was taken up by Representative Britt.



House Amendment No. 30 was withdrawn.



Representative Portwood offered House Amendment No. 30.







House Amendment No. 30



AMEND House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 52, Section 558.019, Line 18 of said page, by inserting after all of said section the following:



"565.024. 1. A person commits the crime of involuntary manslaughter in the first degree if [he] the person:

(1) Recklessly causes the death of another person; or

(2) While in an intoxicated condition operates a motor vehicle in this state and, when so operating, acts with criminal negligence to cause the death of any person; or

(3) While in the process of committing any crime pursuant to chapter 195, RSMo, or while in the process of committing any other crime wherein the sale, distribution, trafficking, use or other activity involving any controlled substance is:

(a) An element of such crime; and

(b) The cause of such death;



knowingly fails to summon aid when a reasonable person in the same circumstance would have done so, for a person whose death could have been avoided had aid been summoned, or prevents others from summoning such aid.

2. Involuntary manslaughter in the first degree is a class C felony.

3. A person commits the crime of involuntary manslaughter in the second degree if he acts with criminal negligence to cause the death of any person.

4. Involuntary manslaughter in the second degree is a class D felony."; and



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



On motion of Representative Portwood, House Amendment No. 30 was adopted.



Representative Boucher offered House Amendment No. 31.



House Amendment No. 31



AMEND House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 37, Section 544.170, Line 4 of said page, by inserting after all of said section the following:



"547.035. 1. A person in the custody of the department of corrections claiming that forensic DNA testing will demonstrate the person's innocence of the crime for which the person is in custody may file a post-conviction motion in the sentencing court seeking such testing. The procedure to be followed for such motions is governed by the rules of civil procedure insofar as applicable.

2. The motion must allege facts under oath demonstrating that:

(1) There is evidence upon which DNA testing can be conducted; and

(2) The evidence was secured in relation to the crime; and

(3) The evidence was not previously tested by the movant because:

(a) The technology for the testing was not reasonably available to the movant at the time of the trial;

(b) Neither the movant nor his or her trial counsel was aware of the existence of the evidence at the time of trial; or

(c) The evidence was otherwise unavailable to both the movant and movant's trial counsel at the time of trial; and

(4) Identity was an issue in the trial; and

(5) The evidence to be tested has been subject to a chain of custody sufficient to establish that it has not been substituted, tampered with, replaced or altered in any material aspect; and

(6) A reasonable probability exists that the movant would not have been convicted if exculpatory results had been obtained through the requested DNA testing.

3. Movant shall file the motion and two copies thereof with the clerk of the sentencing court. The clerk shall file the motion in the original criminal case and shall immediately deliver a copy of the motion to the prosecutor.

4. The court shall issue to the prosecutor an order to show cause why the motion should not be granted unless:

(1) It appears from the motion that the movant is not entitled to relief; or

(2) The court finds that the files and records of the case conclusively show that the movant is not entitled to relief.

5. Upon the issuance of the order to show cause, the clerk shall notify the court reporter to prepare and file the transcript of the trial or the movant's guilty plea and sentencing hearing if the transcript has not been prepared or filed.

6. If the court finds that the motion and the files and records of the case conclusively show that the movant is not entitled to relief, a hearing shall not be held. If a hearing is ordered, counsel shall be appointed to represent the movant if the movant is indigent. The hearing shall be on the record. Movant need not be present at the hearing. The court may order that testimony of the movant shall be received by deposition. The movant shall have the burden of proving the allegations of the motion by a preponderance of the evidence.

7. The court shall order appropriate testing if the court finds:

(1) A reasonable probability exists that the movant would not have been convicted if exculpatory results had been obtained through the requested DNA testing; and

(2) That movant is entitled to relief.



Such testing shall be conducted by a facility mutually agreed upon by the movant and by the state and approved by the court. If the parties are unable to agree, the court shall designate the testing facility. The court shall impose reasonable conditions on the testing to protect the state's interests in the integrity of the evidence and the testing process.

8. The court shall issue findings of fact and conclusions of law whether or not a hearing is held."; and



Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 91, Section 632.486, Line 16, by inserting after the number "1980." the following:



"650.050. 1. The Missouri department of public safety shall develop and establish a "DNA Profiling System", referred to in sections 650.050 to 650.057 as the system to support criminal justice services in the local communities throughout this state in DNA identification. This establishment shall be accomplished through consultation with the Kansas City, Missouri regional crime laboratory, Missouri state highway patrol crime laboratory, St. Louis, Missouri metropolitan crime laboratory, St. Louis county crime laboratory, southeast Missouri regional crime laboratory, Springfield regional crime laboratory, and the Missouri Southern State College police academy regional crime lab.

2. The DNA profiling system as established in this section shall be compatible with that used by the Federal Bureau of Investigation to ensure that DNA records are fully exchangeable between DNA laboratories and that quality assurance standards issued by the director of the Federal Bureau of Investigations are applied and performed.

3. The DNA profiling system established by this section shall include a separate statistical data base containing DNA profiles of persons whose identity is unknown. Information in this data base may be used for any legitimate law enforcement purpose upon written request of any federal, state, or local law enforcement agency, using the procedure provided by subsection 3 of section 650.055.

4. The DNA profiling system may charge a reasonable fee to search and provide a comparative analysis of DNA profiles to any law enforcement agency outside of this state."; and



Further amend said bill, Page 91, Section 650.055, Line 17, by deleting all of said lines and inserting in lieu thereof the following:



"650.055. 1. Every [individual] adult convicted of a felony and every juvenile certified as an adult and convicted of a felony which is defined as a violent offense pursuant to chapter 565, RSMo, or as a sex offense pursuant to chapter 565, RSMo, or as a sex offense pursuant to chapter 566 RSMo, in a Missouri"; and



Further amend said bill, Page 91, Section 650.055, Line 18, by inserting after the word "court" the following: "["; and

Further amend said bill, Page 91, Section 650.055, Lines 18 and 19, by deleting the following: "[under] pursuant to" and inserting in lieu thereof the following: "under"; and



Further amend said bill, Page 91, Section 650.055, Lines 19 and 20, by deleting the following: "[under] pursuant to" and inserting in lieu thereof the following: "under"; and



Further amend said bill, Page 91, Section 650.055, Line 21, by inserting after "RSMo." the following: "]"; and



Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 92, Section 650.055, Line 1, by inserting after the following: "RSMo," the following: "section 571.015, and 571.030, RSMo."; and



Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 92, Section 650.055, Line 2, by inserting after the word "analysis" the following:



"On and after August 28, 2001, every adult convicted of burglary in the first degree pursuant to section 569.160, RSMo, or of burglary in the second degree pursuant to section 569.170, RSMo, shall have a blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis. On and after January 1, 2003, every adult convicted of any felony, or of any sex offense pursuant to chapter 566, RSMo, shall have a blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis. On and after January 1, 2004, every juvenile certified as an adult and convicted of any felony, or of any sex offense pursuant to chapter 566, RSMo, shall have a blood or scientifically accepted biological sample collected for purposes of DNA profiling analysis. The blood or other sample which this section requires to be collected shall be collected"; and



Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Section 650.055, Page 92, Line 11, by inserting after "RSMo" the following: "; or (4) on or after August 28, 2001, upon conviction."; and



Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 93, Section 650.055, Line 7, by inserting after the word "system." the following:



"A written request to analyze and compare DNA samples provided by any federal, state or local law enforcement agency with those in the Missouri DNA profiling system shall be fulfilled if made by any federal, state or local law enforcement officers in furtherance of an official investigation of any criminal offense. The name of the requesting law enforcement official and the law enforcement agency for which the request is made shall be maintained on file by the DNA profiling system. Any person identified and charged with an offense as a result of a search of the Missouri DNA profiling system shall, upon written request, be provided a copy of the relevant written search request made by law enforcement, if the person submits a DNA sample which matches the requestor's profile in the Missouri DNA profiling system. Upon showing by the defendant in a criminal case that access to the Missouri DNA profiling system is material to the investigation, preparation or presentation of a defense at trial or in a motion for a new trial, any court having jurisdiction in such case shall direct the Missouri DNA profiling system to compare a DNA profile which has been generated by the defendant through an independent test against the profiling system, provided that such DNA has been generated in accordance with standards for forensic DNA analysis adopted pursuant to sections 650.050 to 650.057."; and



Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 93, Section 650.055, Line 8, by inserting after the number "4." the following:



"The name of a convicted offender whose profile is contained in the data bases may be related to any other data bases which are constructed for law enforcement purposes and may be disseminated only for law enforcement purposes except as otherwise provided by this section."; and







Further amend House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 93, Section 650.055, Line 15, by inserting after the word "system." the following:



"6. Upon written request of any person whose DNA profile has been included in the Missouri DNA profiling system pursuant to this section and whose relevant felony conviction has been reversed, the system shall expunge the DNA profile of such person from the system, and the Missouri DNA profiling system shall purge all records and identifiable information in the system pertaining to such person and destroy all samples from such person."; and



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



On motion of Representative Boucher, House Amendment No. 31 was adopted.



Representative Foley suggested the absence of a quorum.



The following roll call indicated a quorum present:



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




PRESENT: 003
Bartelsmeyer Reynolds Wright
ABSENT WITH LEAVE: 006
Cierpiot Henderson Hohulin Lawson Luetkenhaus
Reid
VACANCIES: 003


Representative Marble offered House Amendment No. 32.



House Amendment No. 32



AMEND House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 89, Section 578.605, Line 14, by inserting after the word "investigations" the following:



"; except that technological crime shall not include any services, goods or memberships given to a contributor by an entity, organized pursuant to chapter 501 (c) of the United States Internal Revenue Code, while such entity is engaged in fund raising to support the charitable purpose for which the entity was established as defined in chapter 407, RSMo.".



On motion of Representative Marble, House Amendment No. 32 was adopted.



Representative Campbell offered House Amendment No. 33.



House Amendment No. 33



AMEND House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 83, Section 570.120, Line 12 of said page, by inserting after all of said section the following:



"570.130. 1. A person commits the crime of fraudulent use of a credit device or debit device if the person uses a credit device or debit device for the purpose of obtaining services or property, knowing that:

(1) The device is stolen, fictitious or forged; or

(2) The device has been revoked or canceled; or

(3) For any other reason his use of the device is unauthorized; or

(4) Uses a credit device or debit device for the purpose of paying property taxes and knowingly cancels or charges said payment with a credit card company or financial institution without just cause. It shall be a prima facia evidence of violation of this section if a person cancels or charges back said payment after obtaining a property tax receipt to obtain license tags from the Missouri department of revenue.

2. Fraudulent use of a credit device or debit device is a class A misdemeanor unless the value of the property or services obtained or sought to be obtained within any thirty-day period is one hundred fifty dollars or more, in which case fraudulent use of a credit device or debit device is a class D felony."; and



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



On motion of Representative Campbell, House Amendment No. 33 was adopted.



Representative Gaskill offered House Amendment No. 34.





House Amendment No. 34



AMEND House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 83, Section 570.120, Line 12 of said page, by inserting after all of said section the following:



"571.030. 1. A person commits the crime of unlawful use of weapons if [he] the person knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

(2) Sets a spring gun; or

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

(6) Discharges a firearm within one hundred yards of any occupied school house, courthouse, or church building; or

(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, while within any city, town, or village, and discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense.

2. Subdivisions (1), (3), (4), (6), (7), (8) and (9) of subsection 1 of this section shall not apply to or affect any of the following:

(1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

(3) Members of the armed forces or national guard while performing their official duty;

(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

(5) Any person whose bona fide duty is to execute process, civil or criminal;

(6) Any federal probation officer;

(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole; and

(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo; and

(9) Any prosecuting or circuit attorney.

3. Subdivisions (1), (5) and (8) of subsection 1 of this section do not apply when the [actor] person is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the [actor] person is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in [his] such person's dwelling unit or upon business premises over which the [actor] person has possession, authority or control, or is traveling in a continuous journey peaceably through this state.

4. Unlawful use of weapons is a class D felony unless committed [under] pursuant to subdivision (5), (6), (7) or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

5. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

(1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

(2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

(3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

(4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.

6. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons."; and



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



On motion of Representative Gaskill, House Amendment No. 34 was adopted.



Representative Johnson (90) offered House Amendment No. 35.



House Amendment No. 35



AMEND House Substitute for House Committee Substitute for House Bill Nos. 835, 90, 707, 373, 641, 510, 516 & 572, Page 60, Section 565.070, Line 4, by inserting after all of said line the following:



"565.200. 1. Any owner or employee of a long-term care facility, as defined in section 660.600, RSMo, or an in-home services provider agency, as defined in section 660.250, RSMo, who:

(1) Has sexual contact, as defined in section 566.010, RSMo, with a resident or client is guilty of a class B misdemeanor. Any person who commits a second or subsequent violation of this subdivision is guilty of a class A misdemeanor; or

(2) Has sexual intercourse or deviant sexual intercourse, as defined in section 566.010, RSMo, with a resident or client is guilty of a class D felony. Any person who commits a second or subsequent violation of this subdivision is guilty of a class C felony.

2. Consent of the victim is no defense to a prosecution pursuant to this section.

3. The provisions of this section shall not apply to an owner or employee of a long-term care facility or in-home services provider agency who engages in sexual conduct, as defined in section 566.010, RSMo, with a resident or client to whom the owner or employee is married."; and



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



On motion of Representative Johnson (90), House Amendment No. 35 was adopted.



Representative Foley moved the previous question.



Which motion was adopted by the following vote:



AYES: 085
Abel Baker Barnitz Barry 100 Berkowitz
Bland Bonner Boucher Bowman Boykins
Bray 84 Britt Brooks Campbell Carnahan
Clayton Coleman Copenhaver Crump Curls
Davis Farnen Foley Franklin Fraser
Gambaro George Graham Gratz Green 15
Green 73 Hagan-Harrell Hampton Harding Harlan
Haywood Hickey Hilgemann Hollingsworth Holt
Hoppe Hosmer Johnson 61 Johnson 90 Jolly
Kelly 27 Kelly 36 Kennedy Koller Lawson
Liese Lowe Luetkenhaus Mays 50 McKenna
Merideth Monaco O'Connor O'Toole Overschmidt
Ransdall Relford Reynolds Rizzo Scheve
Seigfreid Selby Shelton Shoemyer Skaggs
Smith Thompson Treadway Troupe Van Zandt
Villa Wagner Walton Ward Wiggins
Williams Willoughby Wilson 25 Wilson 42 Mr. Speaker
NOES: 071
Ballard Barnett Bartelsmeyer Bartle Bearden
Behnen Berkstresser Black Boatright Burcham
Burton Byrd Champion Cierpiot Cooper
Crawford Crowell Cunningham Dempsey Dolan
Enz Fares Froelker Gaskill Griesheimer
Hanaway Hartzler Hegeman Henderson Hendrickson
Hohulin Holand Hunter Jetton Kelley 47
Kelly 144 King Legan Levin Linton
Lograsso Long Luetkemeyer Marble Marsh
May 149 Mayer Miller Moore Naeger
Nordwald Ostmann Phillips Portwood Purgason
Rector Reid Reinhart Ridgeway Roark
Robirds Ross Schwab Scott Secrest
Shields St. Onge Surface Townley Vogel
Wright
PRESENT: 000
ABSENT WITH LEAVE: 004
Ford Murphy Myers Richardson
VACANCIES: 003


On motion of Representative Britt, HS HCS HBs 835, 90, 707, 373, 641, 510, 516 & 572, as amended, was adopted.



On motion of Representative Britt, HS HCS HBs 835, 90, 707, 373, 641, 510, 516 & 572, as amended, was ordered perfected and printed.



HCS HBs 280, 69, 497 & 689, relating to ambulance and stretcher van services, was taken up by Representative Hoppe.



Representative Hoppe offered HS HCS HBs 280, 69, 497 & 689.



Representative Scheve assumed the Chair.



Representative Bearden offered House Amendment No. 1.



House Amendment No. 1



AMEND House Substitute for House Committee Substitute for House Bill Nos. 280, 69, 497 & 689, Section 67.2100, Pages 2 to 3, by deleting all of said section; and

Further amend said substitute, Page 3, Section 144.526, Lines 18 to 23, by deleting all of said section; and



Further amend said substitute, Section 320.094, Page 60, Lines 21 to 23, and Page 61, Line 1, by deleting all of said lines and inserting in lieu thereof the following: "fund pursuant to section 148.330, RSMo, in a fund hereby created in the state"; and



Further amend said substitute, Section 320.094, Page 62, Lines 10 to 16, by deleting all of said lines; and



Further amend said substitute, Section 320.094, Page 62, Lines 10 to 17, by deleting all of said lines and inserting in lieu thereof the following:



"3. There is hereby established a special trust fund, to be"; and renumber the remaining subsections accordingly"; and



Further amend said substitute, Section 321.247, Pages 70 to 73, by deleting all of said section; and



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



Representative Lograsso requested that House Amendment No. 1 be divided into two parts.



Representative Wright made a substitute motion that House Amendment No. 1 be divided into three parts.



House Amendment No. 1



PART I



AMEND House Substitute for House Committee Substitute for House Bill Nos. 280, 69, 497 & 689, Section 67.2100, Pages 2 to 3, by deleting all of said section.



Representative Bearden moved that Part I of House Amendment No. 1 be adopted.



Which motion was defeated.



House Amendment No. 1



PART II



AMEND House Substitute for House Commmittee Substitute for House Bill Nos. 280, 69, 497 & 689, Page 3, Section 144.526, Lines 18 to 23, by deleting all of said section; and



Further amend said substitute, Section 320.094, Page 60, Lines 21 to 23, and Page 61, Line 1, by deleting all of said lines and inserting in lieu thereof the following: "fund pursuant to section 148.330, RSMo, in a fund hereby created in the state"; and



Further amend said substitute, Section 320.094, Page 62, Lines 10 to 16, by deleting all of said lines; and



Further amend said substitute, Section 320.094, Page 62, Lines 10 to 17, by deleting all of said lines and inserting in lieu thereof the following:



"3. There is hereby established a special trust fund, to be"; and renumber the remaining subsections accordingly".



Representative Bearden moved that Part II of House Amendment No. 1 be adopted.



Which motion was defeated by the following vote:



AYES: 071
Ballard Barnett Bartelsmeyer Bartle Bearden
Behnen Berkstresser Black Boatright Burcham
Burton Byrd Champion Cierpiot Cooper
Crawford Crowell Cunningham Dempsey Enz
Fares Froelker Gaskill Hampton Hanaway
Harding Hegeman Henderson Hendrickson Hohulin
Holand Hunter Jetton Kelley 47 Kelly 144
King Koller Legan Levin Linton
Lograsso Long Luetkemeyer Marble Marsh
May 149 Mayer Miller Moore Myers
Ostmann Phillips Portwood Purgason Rector
Reinhart Richardson Ridgeway Roark Robirds
Ross Schwab Scott Secrest Shields
St. Onge Surface Townley Vogel Wiggins
Wright
NOES: 079
Abel Barnitz Barry 100 Berkowitz Bland
Bonner Boucher Bowman Boykins Britt
Campbell Carnahan Clayton Coleman Copenhaver
Curls Davis Dolan Farnen Foley
Franklin Fraser Gambaro George Graham
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hartzler Haywood Hickey Hilgemann Hollingsworth
Holt Hoppe Hosmer Johnson 61 Johnson 90
Jolly Kelly 27 Kennedy Lawson Liese
Lowe Luetkenhaus Mays 50 McKenna Merideth
Murphy Nordwald O'Connor O'Toole Overschmidt
Ransdall Reid Relford Reynolds Rizzo
Scheve Seigfreid Selby Shelton Shoemyer
Skaggs Smith Thompson Treadway Troupe
Villa Wagner Walton Ward Williams
Willoughby Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 010
Baker Bray 84 Brooks Crump Ford
Harlan Kelly 36 Monaco Naeger Van Zandt
VACANCIES: 003






House Amendment No. 1



PART III



AMEND House Substitute for House Committee Substitute for House Bill Nos. 280, 69, 497 & 689, Section 321.247, Pages 70 to 73, by deleting all of said section; and



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



Representative Bearden moved that Part III of House Amendment No. 1 be adopted.



Which motion was defeated by the following vote:



AYES: 030
Bartelsmeyer Bearden Burcham Burton Crawford
Crowell Cunningham Dempsey Hegeman Henderson
Hohulin Holand Hunter Jetton Kelley 47
Kelly 144 Levin Long Luetkemeyer May 149
Moore Murphy Myers Ostmann Rector
Schwab Scott St. Onge Surface Townley
NOES: 120
Abel Ballard Barnett Barnitz Barry 100
Bartle Berkowitz Berkstresser Black Bland
Boatright Bonner Boucher Bowman Boykins
Britt Brooks Campbell Carnahan Champion
Cierpiot Clayton Coleman Cooper Copenhaver
Crump Curls Davis Dolan Enz
Fares Farnen Foley Franklin Fraser
Froelker Gambaro Gaskill George Graham
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hampton Hanaway Harding Hartzler Haywood
Hendrickson Hickey Hilgemann Hollingsworth Holt
Hoppe Hosmer Johnson 61 Johnson 90 Jolly
Kelly 27 Kelly 36 Kennedy King Koller
Lawson Liese Linton Lograsso Lowe
Luetkenhaus Marble Marsh Mayer Mays 50
McKenna Merideth Miller Naeger Nordwald
O'Connor O'Toole Overschmidt Phillips Portwood
Purgason Ransdall Reid Reinhart Relford
Reynolds Ridgeway Rizzo Roark Robirds
Ross Scheve Secrest Seigfreid Selby
Shelton Shields Shoemyer Skaggs Smith
Thompson Treadway Troupe Villa Vogel
Wagner Walton Ward Wiggins Williams
Willoughby Wilson 25 Wilson 42 Wright Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 010
Baker Behnen Bray 84 Byrd Ford
Harlan Legan Monaco Richardson Van Zandt
VACANCIES: 003

Representative Gratz offered House Amendment No. 2.



House Amendment No. 2



AMEND House Substitute for House Committee Substitute for House Bill Nos. 280, 69, 497 & 689, Page 73, Section 321.247, by inserting after all of said section the following:



"321.300. 1. The boundaries of any district organized pursuant to the provisions of this chapter may be changed in the manner prescribed in this section; but any change of boundaries of the district shall not impair or affect its organization or its rights in or to property, or any of its rights or privileges whatsoever; nor shall it affect or impair or discharge any contract, obligation, lien or charge for or upon which it might be liable or chargeable had any change of boundaries not been made.

2. The boundaries may be changed as follows:

(1) Twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed may file with the board a petition in writing praying that such real property be included within the district; provided that in the case of a municipality having less than twenty percent of its total population in one fire protection district, the entire remaining portion may be included in another district so that none of the city is outside of a fire protection district at the time. The petition shall describe the property to be included in the district and shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition; and such petition shall be in substantially the form set forth in section 321.495 dealing with referendums and verified in like manner; provided, however, that in the event that there are more than twenty-five property owners or taxpaying electors signing the petition, it shall be deemed sufficient description of their property in the petition as required in this section to list the addresses of such property; or

(2) All of the owners of any territory or tract of land near or adjacent to a fire protection district who own all of the real estate in such territory or tract of land may file a petition with the board praying that such real property be included in the district. The petition shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition;

(3) Notwithstanding any provision of law to the contrary, in any fire protection district which is partly or wholly located in a noncharter county of the first classification with a population of less than one hundred thousand which adjoins any county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, if such fire protection district serves any portion of a city which is located in both such counties, the boundaries of the district may be expanded so as to include the entire city within the fire protection district, but the boundaries of the district shall not be expanded beyond the city limits of such city, as the boundaries of such city existed on January 1, 1993. Such change in the boundaries of the district shall be accomplished only if twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed file with the board a petition in writing praying that such real property be included within the district. The petition shall describe the property to be included in the district and shall describe the property owned by the petitioners and shall be deemed to give assent of the petitioners to the inclusion in the district of the property described in the petition; and such petition shall be in substantially the form set forth in section 321.495 dealing with referendums and verified in like manner.

3. The secretary of the board shall cause notice of the filing of any petition filed pursuant to this section to be given and published in the county in which the property is located, which notice shall recite the filing of such petition, the number of petitioners, a general description of the boundaries of the area proposed to be included and the prayer of the petitioners; giving notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board shall at the time and place mentioned, or at such time or times to which the hearing may be adjourned, proceed to hear the petition and all objections thereto presented in writing by any person showing cause why the petition should not be granted. The failure of any person interested to show cause in writing why such petition shall not be granted shall be deemed as an assent on his part to the inclusion of such lands in the district as prayed for in the petition.

4. If the board deems it for the best interest of the district, it shall grant the petition, but if the board determines that some portion of the property mentioned in the petition cannot as a practical matter be served by the district, or if it deems it for the best interest of the district that some portion of the property in the petition not be included in the district, then the board shall grant the petition in part only. If the petition is granted, the board shall make an order to that effect and file the same with the circuit clerk; and upon the order of the court having jurisdiction over the district, the property shall be included in the district. If the petition contains the signatures of all the owners of the property pursuant to the provisions of subdivision (2) of subsection 2 of this section, the property shall be included in the district upon the order of the court. If the petition contains the signatures of twenty-five percent of the number of voters who voted in the most recent gubernatorial election in the area to be annexed pursuant to subdivision (1) or subdivision (3) of subsection 2 of this section, the property shall be included in the district subject to the election provided in section 321.301. The circuit court having jurisdiction over the district shall proceed to make any such order including such additional property within the district as is provided in the order of the board, unless the court shall find that such order of the board was not authorized by law or that such order of the board was not supported by competent and substantial evidence.

5. Any city annexing an area protected by an existing fire district shall reimburse such district for any outstanding obligations and equipment which was attributable to or was used for providing fire protection service in such area annexed.

[5.] 6. Any person aggrieved by any decision of the board made pursuant to the provisions of this section may appeal that decision to the circuit court of the county in which the property is located within thirty days of the decision by the board.

[6.] 7. No fire protection district, or employee thereof, in which territory is annexed pursuant to this section shall be required to comply with any prescribed firefighter training program or regimen which would not otherwise apply to the district or its employees, but for the requirements applicable to the annexed territory."; and



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



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



Representative Froelker offered House Amendment No. 3.



House Amendment No. 3



AMEND House Substitute for House Committee Substitute for House Bill Nos. 280, 69, 497 & 689, Page 3, Section 144.526, Line 23, by inserting after all of said line the following:



"190.050. 1. After the ambulance district has been declared organized, the declaring county commission, except in counties of the second class having more than one hundred five thousand inhabitants located adjacent to a county of the first class having a charter form of government which has a population of over nine hundred thousand inhabitants, shall divide the district into six election districts as equal in population as possible, and shall by lot number the districts from one to six inclusive. The county commission shall cause an election to be held in the ambulance district within ninety days after the order establishing the ambulance district to elect ambulance district directors. Each voter shall vote for one director from the ambulance election district in which the voter resides. The directors elected from districts one and four shall serve for a term of one year, the directors elected from districts two and five shall serve for a term of two years, and the directors from districts three and six shall serve for a term of three years; thereafter, the terms of all directors shall be three years. All directors shall serve the term to which they were elected or appointed, and until their successors are elected and qualified, except in cases of resignation or disqualification. The county commission shall reapportion the ambulance districts within sixty days after the population of the county is reported to the governor for each decennial census of the United States. Notwithstanding any other provision of law, if the number of candidates for the office of director is no greater than the number of directors to be elected, no election shall be held, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they have been elected.

2. In all counties of the second class having more than one hundred five thousand inhabitants located adjacent to a county of the first class having a charter form of government which has a population of over nine hundred thousand inhabitants, the voters shall vote for six directors elected at large from within the district for a term of three years. Those directors holding office in any district in such a county on August 13, 1976, shall continue to hold office until the expiration of their terms, and their successors shall be elected from the district at large for a term of three years. In any district formed in such counties after August 13, 1976, the governing body of the county shall cause an election to be held in that district within ninety days after the order establishing the ambulance district to elect ambulance district directors. Each voter shall vote for six directors. The two candidates receiving the highest number of votes at such election shall be elected for a term of three years, the two candidates receiving the third and fourth highest number of votes shall be elected for a term of two years, the two candidates receiving the fifth and sixth highest number of votes shall be elected for a term of one year; thereafter, the term of all directors shall be three years.

3. A candidate for director of the ambulance district shall, at the time of filing, be a citizen of the United States, a qualified voter of the election district as provided in subsection 1 of this section, a resident of the [state for one year] district for two years next preceding the election, and shall be at least [twenty-one] twenty-four years of age. In an established district which is located within the jurisdiction of more than one election authority, the candidate shall file his or her declaration of candidacy with the secretary of the board. In all other districts, a candidate shall file [his] a declaration of candidacy with the county clerk of the county in which he or she resides. A candidate shall file a statement under oath that he or she possesses the required qualifications. No candidate's name shall be printed on any official ballot unless the candidate has filed a written declaration of candidacy pursuant to subsection 5 of section 115.127, RSMo. If the time between the county commission's call for a special election and the date of the election is not sufficient to allow compliance with subsection 5 of section 115.127, RSMo, the county commission shall, at the time it calls the special election, set the closing date for filing declarations of candidacy."; and



Further amend said bill, Page 10, Section 190.054, Line 3, by inserting after all of said line the following:



"190.072. 1. Any two or more contiguous ambulance districts may, by a majority vote of the governing body of each district or by a petition signed by at least seventy-five percent of the owners of real property in the affected area, provide for territory located in one district to be annexed and served by a contiguous district. Notice of the proposed annexation shall be filed with the circuit court in the county in which the affected area is located, or in the circuit court of the county in which the greater physical portion of the affected area is located in the event that such area is located in more than one county. The court shall set a date for a hearing on the proposed annexation and shall cause notice to be published in the same manner as section 190.020.

2. If the court, after the hearing, finds that the proposed annexation would not be in the public interest, it shall order that the annexation not be allowed. If the court finds the proposed annexation to be in the public interest, it shall approve the annexation and the territory shall be detached from one or more districts and annexed to the other district or districts. The court shall not approve any boundary changes pursuant to this section until all districts involved in such change have provided for, and agreed upon, a plan of compensation for, or assumption of, the outstanding debt attributable to the affected area to be annexed.

3. After the annexation is approved, each district shall amend its decree of incorporation to reflect the change in its boundaries as a result of the annexation, and the governing body of the county shall, prior to any subsequent election for ambulance district board members, redivide any election districts established pursuant to section 190.050. A certified copy of the amended decree showing the boundary change and the new subdistricts shall be filed in the office of the recorder of deeds, in the office of the county clerk in each county having territory in the district and in the office of the secretary of state.

4. The costs incurred in the enlargement or extension of the district shall be taxed to the district being enlarged or extended, unless otherwise provided by the districts in an agreement approved by the circuit court; provided that, no costs shall be taxed to the directors of the district."; and



Further amend said bill, Page 68, Section 320.098, Line 20, by inserting after all of said line the following:



"321.130. 1. A person, to be qualified to serve as a director, shall be a voter of the district at least two years prior to his or her election or appointment and be over the age of [twenty-five] twenty-four years; except as provided in subsections 2 and 3 of this section. Nominations and declarations of candidacy shall be filed at the headquarters of the fire protection district by paying a ten dollar filing fee and filing a statement under oath that such person possesses the required qualifications.

2. In any fire protection district located in more than one county one of which is a first class county without a charter form of government having a population of more than one hundred ninety-eight thousand and not adjoining any other first class county or located wholly within a first class county as described herein, a resident shall have been a resident of the district for more than one year to be qualified to serve as a director.

3. In any fire protection district located in a county of the third or fourth classification, a person to be qualified to serve as a director shall be over the age of [twenty-five] twenty-four years and shall be a voter of the county in which the district is located for more than two years prior to his or her election or appointment, except that for the first board of directors in such district, a person need only be a voter of the county in which the district is located for one year prior to his or her election or appointment.

4. A person desiring to become a candidate for the first board of directors of the proposed district shall pay the sum of five dollars as a filing fee to the treasurer of the county and shall file with the election authority a statement under oath that he possesses all of the qualifications set out in this chapter for a director of a fire protection district. Thereafter, such candidate shall have his or her name placed on the ballot as a candidate for director."; and



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



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



Representative Byrd offered House Amendment No. 4.



House Amendment No. 4



Amend House Substitute for House Committee Substitute for House Bill Nos. 280, 69, 497 & 689, Page 32, Section 190.109, Line 6, by adding the following new subsection therein:



"8. Any non profit, public benefit corporation that owned and operated a licensed ambulance service on December 31, 1997, and converts to a for profit corporation, limited liability company, patnership or related entity (the "New Entity") subsequent to December 31, 2000, by selling substantially all of its assets to such New Entity shall receive an ambulance service license from the department for the same service area, unless the license of the non profit, public benefit corporation was suspended, revoked or terminated prior to such sale, conversion or similar transaction, upon application of the New Entity to the department and adherence to the rules and regulations of the department promulgated pursuant to sections 190.001 to 190.245 as if the New Entity had operated on December 31, 1997.".



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



On motion of Representative Hoppe, HS HCS HBs 280, 69, 497 & 689, as amended, was adopted.



On motion of Representative Hoppe, HS HCS HBs 280, 69, 497 & 689, as amended, was ordered perfected and printed.



Speaker Pro Tem Abel resumed the Chair.



HB 527, relating to compensatory time for the highway patrol, was taken up by Representative Luetkenhaus.



Representative Scheve resumed the Chair.



On motion of Representative Luetkenhaus, HB 527 was ordered perfected and printed.



HB 736, relating to banking, was taken up by Representative Liese.



Representative Liese offered HS HB 736.



Representative Liese offered House Amendment No. 1.

House Amendment No. 1



AMEND House Substitute for House Bill No. 736, Page 13, Section 301.600, Line 1 of said page, by inserting after "revenue." the following:



"To perfect a subordinate lien, the notice of lien must be accompanied by the documents required to be delivered to the director pursuant to subdivision (3) of section 301.620."; and



Further amend said bill, Page 60, Section 427.220, Line 3 of said page, by deleting the word "or"; and



Further amend said bill, Page 60, Section 427.220, Line 15 of said page, by deleting the following: "382.180" and inserting in lieu thereof the following: "382.190"; and



Further amend said bill, Page 60, Section 427.220, Line 16 of said page, by deleting the word "insurance".



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



Representative Ward offered House Amendment No. 2.



House Amendment No. 2



AMEND House Substitute for House Bill No. 736, Page 12, Section 148.064, Line 14, by inserting immediately after all of said line the following:



"148.400. All insurance companies or associations organized in or admitted to this state may deduct from premium taxes payable to this state, in addition to all other credits allowed by law, income taxes, franchise taxes, personal property taxes, valuation fees, registration fees and examination fees paid, including taxes and fees paid by the attorney in fact of a reciprocal or interinsurance exchange to the extent attributable to the principal business as such attorney in fact, under any law of this state. Unless rejected by the general assembly by April 1, 2003, for all tax years beginning on or after January 1, 2003, a deduction for examination fees which exceeds an insurance company's or association's premium tax liability for the same tax year shall not be refundable, but may be carried forward to any subsequent tax year, not to exceed five years, until the full deduction is claimed."; and



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



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



Representative Byrd offered House Amendment No. 3.



House Amendment No. 3



AMEND House Substitute for House Bill No. 736, Page 61, Section 427.220, Line 13 of said page, by inserting after all of said section the following:



"513.430. 1. The following property shall be exempt from attachment and execution to the extent of any person's interest therein:

(1) Household furnishings, household goods, wearing apparel, appliances, books, animals, crops or musical instruments that are held primarily for personal, family or household use of such person or a dependent of such person, not to exceed one thousand dollars in value in the aggregate;

(2) Jewelry held primarily for the personal, family or household use of such person or a dependent of such person, not to exceed five hundred dollars in value in the aggregate;

(3) Any other property of any kind, not to exceed in value four hundred dollars in the aggregate;

(4) Any implements, professional books or tools of the trade of such person or the trade of a dependent of such person not to exceed two thousand dollars in value in the aggregate;

(5) Any motor vehicle, not to exceed one thousand dollars in value;

(6) Any mobile home used as the principal residence, not to exceed one thousand dollars in value;

(7) Any one or more unmatured life insurance contracts owned by such person, other than a credit life insurance contract;

(8) The amount of any accrued dividend or interest under, or loan value of, any one or more unmatured life insurance contracts owned by such person under which the insured is such person or an individual of whom such person is a dependent; provided, however, that if proceedings under Title 11 of the United States Code are commenced by or against such person, the amount exempt in such proceedings shall not exceed in value [five] two hundred fifty thousand dollars in the aggregate less any amount of property of such person transferred by the life insurance company or fraternal benefit society to itself in good faith if such transfer is to pay a premium or to carry out a nonforfeiture insurance option and is required to be so transferred automatically under a life insurance contract with such company or society that was entered into before commencement of such proceedings. No amount of any accrued dividend or interest under, or loan value of, any such life insurance contracts shall be exempt from any claim for child support. Notwithstanding anything to the contrary, no such amount shall be exempt in such proceedings under any such insurance contract which was purchased by such person within six months prior to the commencement of such proceedings;

(9) Professionally prescribed health aids for such person or a dependent of such person;

(10) Such person's right to receive:

(a) A Social Security benefit, unemployment compensation or a local public assistance benefit;

(b) A veteran's benefit;

(c) A disability, illness or unemployment benefit;

(d) Alimony, support or separate maintenance, not to exceed five hundred dollars a month;

(e) Any payment under a stock bonus plan, pension plan, disability or death benefit plan, profit-sharing plan, nonpublic retirement plan or any similar plan described, defined, or established pursuant to section 456.072, RSMo, the person's right to a participant account in any deferred compensation program offered by the state of Missouri or any of its political subdivisions, or annuity or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for the support of such person and any dependent of such person unless:

a. Such plan or contract was established by or under the auspices of an insider that employed such person at the time such person's rights under such plan or contract arose;

b. Such payment is on account of age or length of service; and

c. Such plan or contract does not qualify under Section 401(a), 403(a), 403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as amended, (26 U.S.C. 401(a), 403(a), 403(b), 408, 408A or 409);

except that any such payment to any person shall be subject to attachment or execution pursuant to a qualified domestic relations order, as defined by Section 414(p) of the Internal Revenue Code of 1986, as amended, issued by a court in any proceeding for dissolution of marriage or legal separation or a proceeding for disposition of property following dissolution of marriage by a court which lacked personal jurisdiction over the absent spouse or lacked jurisdiction to dispose of marital property at the time of the original judgment of dissolution;

(f) Any money or assets, payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified under Section 401(k), 403(a)(3), 403(b), 408, 408A or 409 of the Internal Revenue Code of 1986, as amended, except as provided in this paragraph. Any plan or arrangement described in this paragraph shall not be exempt from the claim of an alternate payee under a qualified domestic relations order; however, the interest of any and all alternate payees under a qualified domestic relations order shall be exempt from any and all claims of any creditor, other than the state of Missouri through its division of family services. As used in this paragraph, the terms "alternate payee" and "qualified domestic relations order" have the meaning given to them in Section 414(p) of the Internal Revenue Code of 1986, as amended.

If proceedings under Title 11 of the United States Code are commenced by or against such person, no amount of funds shall be exempt in such proceedings under any such plan, contract, or trust which is fraudulent as defined in section 456.630, RSMo, and for the period such person participated within three years prior to the commencement of such proceedings. For the purposes of this section, when the fraudulently conveyed funds are recovered and after, such funds shall be deducted and then treated as though the funds had never been contributed to the plan, contract, or trust;

(11) The debtor's right to receive, or property that is traceable to, a payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.

2. Nothing in this section shall be interpreted to exempt from attachment or execution for a valid judicial or administrative order for the payment of child support or maintenance any money or assets, payable to a participant or beneficiary from, or any interest of any participant or beneficiary in, a retirement plan which is qualified pursuant to Section 408A of the Internal Revenue Code of 1986, as amended."; and



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



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



Representative Williams offered House Amendment No. 4.



House Amendment No. 4



AMEND House Substitute for House Bill No. 736, Page 1, Section A, Line 17, by inserting after all of said line the following:



"95.280. 1. Subject to the provisions of section 110.030, RSMo, the city council, at its regular meetings in July of each year, may receive sealed proposals for the deposit of the city funds from banking institutions doing business within the city that desire to be selected as the depositary of the funds of the city. Notice that bids will be received shall be published by the city clerk not less than one nor more than four weeks before the meeting, in some newspaper published in the city. Any banking institution doing business in the city, desiring to bid, shall deliver to the city clerk, on or before the day of the meeting, a sealed proposal stating the rate percent upon daily balances that the banking institution offers to pay to the city for the privilege of being the depositary of the funds of the city for the year next ensuing the date of the meeting; or, in the event that the selection is made for a less term than one year, as herein provided, then for the time between the date of the bid and the next regular time for the selection of a depositary. It is a misdemeanor for the city clerk or other person to disclose directly or indirectly the amount of any bid to any person before the selection of the depositary.

2. Notwithstanding the provisions of subsection 1 of this section to the contrary, the city council of any third class city with a population of more than fifteen thousand and less than nineteen thousand that is located in any county of the fourth classification with a population of more than forty thousand and less than forty-eight thousand three hundred may receive sealed proposals for the deposit of city funds from banking institutions doing business within the city at any of the regular meetings of such city. The city shall send notice of bids to each banking institution in the city by regular mail at the time the notice is published in the newspaper in subsection 1 of this section. The banking institution selected as the depositary shall be offered a depositary contract for a maximum of three years. Any such city shall follow the bid procedure established in subsection 1 of this section, except as otherwise provided in this subsection."; and



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



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



On motion of Representative Liese, HS HB 736, as amended, was adopted.



On motion of Representative Liese, HS HB 736, as amended, was ordered perfected and printed.



HB 366, relating to income tax: pension deduction, was taken up by Representative Champion.



Speaker Kreider resumed the Chair.



Representative Luetkenhaus offered House Amendment No. 1.



House Amendment No. 1



AMEND House Bill No. 366, Page 1, In the Title, Lines 2 to 3, by deleting all of said lines and inserting in lieu thereof the following:



"To repeal sections 143.124, 620.1400, 620.1420, 620.1430, 620.1440 and 620.1450, RSMo 2000, and to enact in lieu thereof four new sections relating to certain tax credits and tax deductions."; and



Further amend said bill, Page 1, Section A, Lines 1 to 2, by deleting all of said lines and inserting in lieu thereof the following:



"Section A. Sections 143.124, 620.1400, 620.1420, 620.1430, 620.1440 and 620.1450, RSMo 2000, are repealed and four new sections enacted in lieu thereof, to be known as sections 135.552, 135.630, 135.631 and 143.124, to read as follows:"; and



Further amend said bill, Page 1, Section A, Line 2, by inserting after all of said line the following:



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

(1) "Contribution", a donation of cash, stock, bonds or other marketable securities, or real property;

(2) "Director", the director of the department of public safety;

(3) "Sexual violence crisis service center", a nonprofit organization having a primary function of serving sexual violence victims, or running a discrete, separate program that serves sexual violence victims, or two or more nonprofit organizations operating under a formal arrangement to provide sexual violence services to victims of rape, sexual assault and sexual abuse, their significant others, secondary victims and the community. For purposes of this section, eligible services of a sexual violence crisis service center, include, but shall not be limited to, the operation of a twenty-four-hour crisis hotline promoted as a service for sexual violence victims and the provision of information, referrals, medical and justice system advocacy, crisis intervention and support groups at no charge and community education and prevention education;

(4) "State tax liability", in the case of a business taxpayer, any liability incurred by such taxpayer pursuant to the provisions of chapters 143, 147, 148 and 153, RSMo, exclusive of the provisions relating to withholding tax contained in sections 143.191 to 143.265, RSMo, and in the case of an individual taxpayer, any liability incurred by such taxpayer pursuant to the provisions of chapter 143, RSMo, exclusive of the provisions relating to withholding tax contained in sections 143.191 to 143.265, RSMo;

(5) "Taxpayer", a person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, an insurance company paying an annual tax on its gross premium receipts in this state or other financial institution paying taxes to the state of Missouri or any political subdivision of this state pursuant to the provisions of chapter 148, RSMo, an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to the state income tax imposed by the provisions of chapter 143, RSMo.

2. A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer contributed to a sexual violence crisis service center.

3. The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per taxable year. However, any tax credit that cannot be claimed in the taxable year the contribution was made may be carried over to the next three succeeding taxable years until the full credit has been claimed.

4. Except for any excess credit which is carried over pursuant to subsection 3 of this section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to a sexual violence crisis service center or centers in such taxpayer's taxable year has a value of at least one hundred dollars.

5. The director shall determine, at least annually, which organizations and programs in this state may be classified as sexual violence crisis service centers. The director may require an organization or program seeking to be classified as a sexual violence crisis service center to submit any information which is reasonably necessary to make such a determination. The director shall classify an organization or program as a sexual violence crisis service center if such organization or program meets the definition set forth in subsection 1 of this section.

6. The director shall establish a procedure by which a taxpayer can determine if an organization or program has been classified as a sexual violence crisis service center, and by which such taxpayer can then contribute to such centers and claim a tax credit. Sexual violence crisis service centers shall be permitted to decline a contribution from a taxpayer. The cumulative amount of tax credits which may be claimed by all the taxpayers contributing to sexual violence crisis service centers in any one fiscal year shall not exceed two million dollars. Tax credits shall be issued based on the order in which accepted contributions are received.

7. The director shall establish a procedure by which, from the beginning of the fiscal year until some point in time later in the fiscal year to be determined by the director, the cumulative amount of tax credits are equally apportioned among all organizations and programs classified as sexual violence crisis service centers. If a sexual violence crisis service center fails to use all, or some percentage to be determined by the director, of its apportioned tax credits during this predetermined period of time, the director may reapportion these unused tax credits to those sexual violence crisis service centers that have used all, or some percentage to be determined by the director, of their apportioned tax credits during this predetermined period of time. The director may establish more than one period of time and reapportion more than once during each fiscal year. To the maximum extent possible, the director shall establish the procedure described in this subsection in such a manner as to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year.

8. Each sexual violence crisis service center shall provide information to the director concerning the identity of each taxpayer making a contribution to the sexual violence crisis service center who is claiming a tax credit pursuant to this section and the amount of the contribution. The director shall provide the information to the director of revenue. The director shall be subject to the confidentiality and penalty provisions of section 32.057, RSMo, relating to the disclosure of tax information.

9. This section shall become effective January 1, 2002, and shall apply to tax years after December 31, 2001.

135.630.  1.  As used in this section, the following terms shall mean:

(1)  "Contribution", a donation of cash, stock, bonds or other marketable securities, or real property;

(2)  "Director", the director of the department of social services;

(3)  "State tax liability", in the case of a business taxpayer, any liability incurred by such taxpayer pursuant to the provisions of chapters 143, 147, 148 and 153, RSMo, exclusive of the provisions relating to withholding tax contained in sections 143.191 to 143.265, RSMo, and in the case of an individual taxpayer, any liability incurred by such taxpayer pursuant to the provisions of chapter 143, RSMo, exclusive of the provisions relating to withholding tax contained in sections 143.191 to 143.265, RSMo;

(4)  "Taxpayer", a person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, an insurance company paying an annual tax on its gross premium receipts in this state or other financial institution paying taxes to the state of Missouri or any political subdivision of this state pursuant to the provisions of chapter 148, RSMo, an express company which pays an annual tax on its gross receipts in this state pursuant to chapter 153, RSMo, or an individual subject to the state income tax imposed by the provisions of chapter 143, RSMo;

(5)  "Unplanned pregnancy resource center", a nonresidential facility located in this state:

(a)  Established and operating primarily to provide assistance to women with crisis pregnancies or unplanned pregnancies by offering pregnancy testing, counseling, emotional and material support, and other similar services to encourage and assist such women in carrying their pregnancies to term; and

(b)  Where childbirths are not performed; and

(c)  Which does not perform or refer for abortions and which does not hold itself out as performing or referring for abortions; and

(d)  Which provides direct client services, as opposed to merely providing counseling or referral services by telephone; and

(e)  Which provides its services at no cost; and

(f)  Which is exempt from income taxation pursuant to the United States Internal Revenue Code.

2.  A taxpayer shall be allowed to claim a tax credit against the taxpayer's state tax liability, in an amount equal to fifty percent of the amount such taxpayer contributed to an unplanned pregnancy resource center.

3.  The amount of the tax credit claimed shall not exceed the amount of the taxpayer's state tax liability for the taxable year that the credit is claimed, and such taxpayer shall not be allowed to claim a tax credit in excess of fifty thousand dollars per taxable year.  However, any tax credit that cannot be claimed in the taxable year the contribution was made may be carried over to the next three succeeding taxable years until the full credit has been claimed.

4.  Except for any excess credit which is carried over pursuant to subsection 3 of this section, a taxpayer shall not be allowed to claim a tax credit unless the total amount of such taxpayer's contribution or contributions to an unplanned pregnancy resource center or centers in such taxpayer's taxable year has a value of at least one hundred dollars.

5.  The director shall determine, at least annually, which facilities in this state may be classified as unplanned pregnancy resource centers.  The director may require a facility seeking to be classified as an unplanned pregnancy resource center to submit any information which is reasonably necessary to make such a determination.  The director shall classify a facility as an unplanned pregnancy resource center if such facility meets the definition set forth in subsection 1 of this section.

6.  The director shall establish a procedure by which a taxpayer can determine if a facility has been classified as an unplanned pregnancy resource center, and by which such taxpayer can then contribute to such centers and claim a tax credit.  Unplanned pregnancy resource centers shall be permitted to decline a contribution from a taxpayer.  The cumulative amount of tax credits which may be claimed by all the taxpayers contributing to unplanned pregnancy resource centers in any one fiscal year shall not exceed two million dollars. Tax credits shall be issued based on the order in which accepted contributions are received.

7.  The director shall establish a procedure by which, from the beginning of the fiscal year until some point in time later in the fiscal year to be determined by the director, the cumulative amount of tax credits are equally apportioned among all facilities classified as unplanned pregnancy resource centers.  If an unplanned pregnancy resource center fails to use all, or some percentage to be determined by the director, of its apportioned tax credits during this predetermined period of time, the director may reapportion these unused tax credits to those unplanned pregnancy resource centers that have used all, or some percentage to be determined by the director, of their apportioned tax credits during this predetermined period of time.  The director may establish more than one period of time and reapportion more than once during each fiscal year.  To the maximum extent possible, the director shall establish the procedure described in this subsection in such a manner as to ensure that taxpayers can claim all the tax credits possible up to the cumulative amount of tax credits available for the fiscal year.

8.  Each unplanned pregnancy resource center shall provide information to the director concerning the identity of each taxpayer making a contribution to the unplanned pregnancy resource center who is claiming a tax credit pursuant to this section and the amount of the contribution.  The director shall provide the information to the director of revenue. The director shall be subject to the confidentiality and penalty provisions of section 32.057, RSMo, relating to the disclosure of tax information.

9.  This section shall become effective January 1, 2002, and shall apply to tax years after December 31, 2001.

135.631. The tax credits available pursuant to sections 135.552 and 135.630 shall not be available in any tax year beginning after December 31, 2006, but any tax credit claimed pursuant to section 135.552 or 135.630 prior to that date may be carried forward as otherwise provided by those sections."; and



Further amend said bill, Page 3, Section 143.124, Line 83, by inserting after all of said line the following:



"[620.1400. Sections 620.1400 to 620.1460 shall be known and may be cited as the "Missouri Individual Training Account Program Act" and its provisions shall be effective only within distressed communities as defined by section 135.530, RSMo.]

[620.1420. As used in sections 620.1400 to 620.1460, the following terms mean:

(1) "Costs of classroom training", the normal costs incurred in the provision of classroom training which may also include specifically identified costs incurred for instructors, classroom space and facilities, administrative support services, and directly related expenses, that together do not exceed the amount normally allowed for support of vocational and technical classes;

(2) "Department", the department of economic development;

(3) "Employee", a full-time or part-time employed worker whose salary is equal to or less than two hundred percent of the federal poverty level;

(4) "Employee upgrade training", the progressive development of skills associated with the defined set of work processes. Such training shall be consistent with a career pattern of advancement, as measured by skill proficiency and the progressive earnings and related benefits, that are recognized within an occupation, trade or industry;

(5) "Individual training account", an account funded by the tax credits provided for in section 620.1440 for the provision of employee upgrade training to employees through their participation in classroom training provided by educational institutions;

(6) "Local educational institution", a publicly funded or privately funded local educational institution which is certified by a recognized accrediting association as capable of providing adequate classroom training to accomplish the purpose of sections 620.1400 to 620.1460.]

[620.1430. 1. A Missouri employer who desires to participate in the individual training account program shall provide the department of economic development with notification of intent to participate. The notification shall include, but need not be limited to, the names and occupations of employees whom the employer has selected to be trained, whether or not the employees are currently working for the employer, the name of the local educational institution that will provide the training, and a brief description of the training to be given by the institution.

2. The employer shall have complete discretion in the selection of the local educational institution or institutions to provide training and shall be responsible for the payment of the costs of classroom training.]

[620.1440. 1. Employers may be reimbursed for the costs of training provided pursuant to the provisions of the individual training account program. Such reimbursement shall be in the form of tax credits as authorized in subsection 2 of this section. The tax credits may be claimed for courses provided in no more than two calendar years for each employee. For each year, the maximum amount of credit per employee which can be certified by the department of economic development shall be the lesser of fifty percent of the costs of classroom training or one thousand five hundred dollars.

2. Tax credits may be claimed against any liability incurred by the employer pursuant to the provisions of chapter 143, RSMo, and chapter 148, RSMo, exclusive of the provisions relating to the withholding of tax as provided for in sections 143.191 to 143.265, RSMo. Earned tax credits may be carried forward for a period not to exceed five years and may be sold or transferred.

3. No claim for tax credits submitted to the department by an employer shall be certified until the employer provides documentation that an employee has successfully completed the employee's course training and has been employed by the employer in a new, full-time position for a period of at least three months. It must be demonstrated satisfactorily to the department that the new position in which the employee located is an upgrade in employment, in terms of salary and responsibilities, from the previously held position. All such increases in salary shall be in addition to normal cost-of-living increases provided for in authorized labor-management contracts. If the employee was previously employed in a part-time position, the base salary for the position shall be calculated as if it were a full-time position.]

[620.1450. The maximum amount of tax credits allowable pursuant to the provisions of the individual training account program shall not annually exceed six million dollars.]"; and



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



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



House Amendment No. 1

to

House Amendment No. 1



AMEND House Amendment No. 1 to House Bill No. 366, Page 9, Section 135.630, Line 11, by deleting the word "may" and inserting in lieu thereof the word "shall"; and



Further amend said bill, Page 9, Section 135.630, Line 11, by inserting after the word "determination" the following:



"Which shall include evidence that any information, written, oral or audiovisual provided to clients is medically and factually accurate as recognized by the American College of Obstetricians and Gynecologists or the Center for Disease Control.".



Representative Fraser moved that House Amendment No. 1 to House Amendment No. 1 be adopted.



Which motion was defeated.



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



Representative Wiggins offered House Amendment No. 2.



House Amendment No. 2



AMEND House Bill No. 366, Page 3, Section 143.124, Line 83, by inserting after all of said line the following:



"348.432. 1. The tax credit created in this section shall be known as the "New Generation Cooperative Incentive Tax Credit".

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

(1) "Authority", the agriculture and small business development authority as provided in this chapter;

(2) "Development facility", a facility producing either a good derived from an agricultural commodity or using a process to produce a good derived from an agricultural product;

(3) "Eligible new generation cooperative", a nonprofit cooperative association formed pursuant to chapter 274, RSMo, or incorporated pursuant to chapter 357, RSMo, for the purpose of operating a development facility or a renewable fuel production facility and approved by the authority;

(4) "Employee qualified capital project", an eligible new generation cooperative with capital costs greater than fifteen million dollars which will employ at least one hundred employees;

(5) "Large capital project", an eligible new generation cooperative with capital costs greater than one million dollars;

(6) "Member", a person, partnership, corporation, trust or limited liability company that invests cash funds to an eligible new generation cooperative;

[(5)] (7) "Renewable fuel production facility", a facility producing an energy source which is derived from a renewable, domestically grown, organic compound capable of powering machinery, including an engine or power plant, and any by-product derived from such energy source;

(8) "Small capital project", an eligible new generation cooperative with capital costs of no more than one million dollars.

3. Beginning tax year [1999] 2001, and subsequent tax years, any member who invests cash funds in an eligible new generation cooperative and who owns land in Missouri which produces a commodity in an amount to cover his or her obligation to deliver such commodity to the eligible new generation cooperative in which the member is investing, or who, beginning July 1, 2001, is domiciled in the state of Missouri may receive a credit against the tax otherwise due pursuant to chapter 143, RSMo, other than taxes withheld pursuant to sections 143.191 to 143.265, RSMo, or chapter 148, RSMo, chapter 147, RSMo, in an amount equal to the lesser of fifty percent of such member's investment or fifteen thousand dollars.

4. A member shall submit to the authority an application for the tax credit authorized by this section on a form provided by the authority. If the member meets all criteria prescribed by this section and is approved by the authority, the authority shall issue a tax credit certificate in the appropriate amount. Tax credits issued pursuant to this section shall initially be claimed for the taxable year in which the member contributes capital to an eligible new generation cooperative. Any amount of credit that exceeds the tax due for a member's taxable year may be carried back to any of the member's three prior taxable years and carried forward to any of the member's five subsequent taxable years. Tax credits issued pursuant to this section may be assigned, transferred or sold. Whenever a certificate of tax credit is assigned, transferred, sold or otherwise conveyed, a notarized endorsement shall be filed with the authority specifying the name and address of the new owner of the tax credit or the value of the credit.

5. [At least] Ten percent of the tax credits authorized pursuant to this section initially shall be offered in any fiscal year to small capital projects [with capital costs of no more than one million dollars]. If [the amount of tax credits allowed pursuant to this section exceeds the amount needed for such smaller projects, the remaining] any portion of the ten percent of tax credits offered to small capital costs projects is unused in any calendar year, then the unused portion of tax credits may be offered [for projects with capital costs in excess of one million dollars] to employee qualified capital projects and large capital projects. If the authority receives more applications for tax credits for small capital projects than tax credits are authorized therefor, then the authority, by rule, shall determine the method of distribution of tax credits authorized for small capital projects.

6. [If members of a project would be eligible for tax credits in excess of one million five hundred thousand dollars, tax credits authorized pursuant to this section shall be prorated between the members on a percent of investment basis, not to exceed the maximum allowed per member.] Ninety percent of the tax credits authorized pursuant to this section initially shall be offered in any fiscal year to employee qualified capital projects and large capital projects. If any portion of the ninety percent of tax credits offered to employee qualified capital projects and large capital costs projects is unused in any fiscal year, then the unused portion of tax credits may be offered to small capital projects. The maximum tax credit allowed per employee qualified capital project is three million dollars and the maximum tax credit allowed per large capital project is one million five hundred thousand dollars. If authority approves the maximum tax credit allowed for any employee qualified capital project or any large capital project, then the authority, by rule, shall determine the method of distribution of such maximum tax credit. In addition, if the authority receives more tax credit applications for employee qualified capital projects and large capital projects than the amount of tax credits authorized therefor, then the authority, by rule, shall determine the method of distribution of tax credits authorized for employee qualified capital projects and large capital projects.

Section B. Because immediate action is necessary to promote investment in agricultural cooperatives, section A of this act is deemed necessary for the immediate preservation of the public health, welfare, peace and safety, and is hereby declared to be an emergency act within the meaning of the constitution, and section A of this act shall be in full force and effect upon its passage and approval."; and



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



Representative Wright raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



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



Representative Boucher offered House Amendment No. 3.



House Amendment No. 3



AMEND House Bill No. 366, Page 1, Section 143.124, Line 1, by inserting after the word "notwithstanding," the following:



"for all tax years beginning on or after January 1, 2002, the total amount of all annuities, pensions or retirement allowances, as defined by this section, above the amount of six thousand dollars, received by any taxpayer who is sixty-five years of age or older in any tax year, shall be subject to tax pursuant to the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it. For all persons under the age of sixty-five years,".



Representative Ridgeway offered House Substitute Amendment No. 1 for House Amendment No. 3.



House Substitute Amendment No. 1

for

House Amendment No. 3



AMEND House Bill No. 366, Page 1, Section 143.124, Line 1, by inserting after the word "notwithstanding," the following:



"for all tax years beginning on or after January 1, 2002, the total amount of all U.S. military annuities, retirement pensions or U.S. military retirement allowances, as defined by this section, above the amount of six thousand dollars, received by any taxpayer who is sixty-five years of age or older in any tax year, shall be subject to tax pursuant to the provisions of this chapter, in the same manner, to the same extent and under the same conditions as any other taxable income received by the person receiving it. For all persons under the age of sixty-five years,".



HB 366, as amended, with House Substitute Amendment No. 1 for House Amendment No. 3 and House Amendment No. 3, pending, was laid over.



COMMITTEE REPORTS



Committee on Children, Families and Health, Chairman Barry reporting:



Mr. Speaker: Your Committee on Children, Families and Health, to which was referred HB 279, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:



Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred SB 365, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION



The following House Concurrent Resolution was read the first time and copies ordered printed:



HCR 30, introduced by Representatives Hanaway and Gratz, urging the federal elected officials to support a tax cut.



MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 2, entitled:



An act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and of the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds and for the investment in registered bonds of the State Public School Fund by the State Board of Education for the period beginning July 1, 2001 and ending June 30, 2002.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 3, entitled:



An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs, and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2001 and ending June 30, 2002.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 4, entitled:



An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Revenue and the Department of Transportation, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2001 and ending June 30, 2002.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 5, entitled:







An act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, the Department of Transportation, and the Chief Executive's Office, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2001 and ending June 30, 2002.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 15 and has taken up and passed CCS SCS HCS HB 15.



LETTER OF OBJECTION



April 18, 2001



Mr. Ted Wedel, Chief Clerk

House of Representatives

State Capitol Building



Dear Mr. Wedel:



Pursuant to House Rule 48, come the undersigned members of the House of Representatives to object to SB 130 as a Consent Bill.



/s/ Jim Seigfreid District 26

/s/ Francis Overschmidt District 110

/s/ Tom Dempsey District 18

/s/ John Griesheimer District 109

/s/ Don Koller District 153



REFERRAL OF SENATE BILL



The following Senate Bill was referred to the Committee indicated pursuant to Rule 48:



SB 130 - Rules, Joint Rules and Bills Perfected and Printed



ADJOURNMENT



On motion of Representative Foley, the House adjourned until 10:00 a.m., Thursday, April 19, 2001.



CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Fifty-seventh Day, Tuesday, April 17, 2001, Page 1163, line 36, by deleting the words "[class A", and inserting in lieu thereof the following: "class [A".



Pages 1139 and 1140, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".



Page 1143, roll call, by showing Representative Levin voting "no" rather than "absent with leave".



Pages 1162 and 1163, roll call, by showing Representative Wright voting "aye" rather than "absent with leave".



COMMITTEE MEETINGS



BANKS AND FINANCIAL INSTITUTIONS

Tuesday, April 24, 2001. Hearing Room 3 upon morning adjournment.

Executive Session may follow.

To be considered - SB 220



CHILDREN, FAMILIES, AND HEALTH

Thursday, April 19, 2001, 8:00 am. Hearing Room 3.

Possible Executive Session.

To be considered - HB 722, HB 964, SB 44, SB 46



CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Monday, April 23, 2001, 8:00 pm. Hearing Room 3.

Executive Session may follow.

To be considered - SB 542



EDUCATION - ELEMENTARY AND SECONDARY

Thursday, April 19, 2001, 9:00 am. Side gallery.

To be considered - SB 32, SB 319, SCR 3, SCR 26,

Executive Session - HB 860, Executive Session - HB 948



ENVIRONMENT AND ENERGY

Thursday, April 19, 2001, 8:00 am. Hearing Room 7.

To be considered - HB 701, HB 923, SCR 28



JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASING

Thursday, April 19, 2001, 8:30 am. Hearing Room 1.

Re-appropriations, pending FY01 capital budget, prison construction,

proposed revenue bonding projects, etc.



JUDICIARY

Thursday, April 19, 2001. Hearing Room 5 upon adjournment.

Executive Session on the following Senate Bills.

To be considered - SB 39, SB 267, SB 288









SUBCOMMITTEE ON REDISTRICTING FOR CONGRESSIONAL DISTRICTS 1, 2 AND 3

Friday, April 20, 2001, 9:00 am.

Mini Auditorium, Room 311, Harris Stowe College, 3028 Laclede Ave., St. Louis, MO.

Public Hearing.



TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, April 23, 2001. Hearing Room 7 upon afternoon adjournment.

Executive Session may follow.

To be considered - SB 323



URBAN AFFAIRS

Thursday, April 19, 2001. Side gallery upon adjournment.

To be considered - Executive Session - HB 963



UTILITIES REGULATION

Thursday, April 19, 2001, 8:15 am. Hearing Room 6.

Study Session. Panel on Electric Transmission.

Executive Session may follow.



WORKERS COMPENSATION AND EMPLOYMENT SECURITY

Monday, April 23, 2001. Hearing Room 6 upon evening adjournment.

Executive Session may follow.

To be considered - HB 579, SB 366, SB 380



HOUSE CALENDAR



FIFTY-NINTH DAY, THURSDAY, APRIL 19, 2001



HOUSE CONCURRENT RESOLUTION FOR SECOND READING



HCR 30



HOUSE JOINT RESOLUTION FOR PERFECTION



HCS HJR 15 & 13 - Crawford



HOUSE BILLS FOR PERFECTION



1 HCS HB 457, HA 2, as amended, tabled - Kreider

2 HB 286, HCA 1 & HCA 2 - Smith

3 HB 366, as amended, with HSA 1 for HA 3 and HA 3, pending - Champion

4 HB 678 - Seigfreid

5 HB 436 - Merideth

6 HCS HB 472 - Burton

7 HCS HB 488 - Koller

8 HB 592, HCA 1 - Williams

9 HCS HB 660 - Hagan-Harrell

10 HB 555 - Foley

11 HCS HB 426 - O'Toole

12 HCS HB 831 - Carnahan

13 HCS HB 428 - Kelly (36)

14 HCS HB 593 - Riback Wilson (25)

15 HCS HB 170 - Froelker

16 HCS HB 239 - Smith

17 HB 715 - Foley

18 HCS HB 981 & 665 - Willoughby

19 HB 802 - Ransdall

20 HCS HB 374 - Fraser

21 HCS HB 780 - Scheve

22 HCS HB 853 & 258 - Crump

23 HCS HB 186 & 172 - Troupe

24 HCS HB 635 - Barry

25 HCS HB 868 - Merideth

26 HCS HB 253 - Ross

27 HCS HB 888, 942 & 943 - Scheve

28 HCS HB 293 - Kennedy

29 HB 809, HCA 1 - Carnahan

30 HCS HB 340, 303 & 316 - Graham

31 HB 640 - Johnson (90)

32 HCS HB 723 - Mays (50)

33 HCS HB 117 - Riback Wilson (25)

34 HCS HB 307 - Wiggins

35 HCS HB 663 & 375 - Kennedy

36 HCS HB 921 - Curls

37 HCS HB 279 - Shoemyer



HOUSE BILL FOR PERFECTION - INFORMAL



HCS HB 113 - Hickey



HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING



1 HCR 12, (3-29-01, page 894) - Haywood

2 HCR 25, (4-5-01, pages 1006 & 1007) - Graham



HOUSE JOINT RESOLUTION FOR THIRD READING



HCS HJR 7, (Fiscal Review 4-17-01) - Koller





HOUSE BILL FOR THIRD READING



HS HB 349, (Fiscal Review 4-12-01) - Hosmer



HOUSE BILL FOR THIRD READING - CONSENT - INFORMAL



HB 402 - Boucher



SENATE BILLS FOR THIRD READING - CONSENT



(April 17, 2001)



1 SB 25 - Farnen

2 HCS SB 321 - Crump

3 HCS SB 441 - Williams

4 HCS SB 521 - Luetkenhaus

5 SCS SB 301 - Hegeman

6 SB 295 - McKenna

7 SB 394 - Hosmer

8 SB 442 - O'Connor

9 SB 203 - O'Toole

10 HCS SCS SB 151 - Gaskill

11 HCS SB 191 - George

12 SCS SB 234 - Kennedy

13 SB 553 - Barnett

14 SCS SB 270 - Monaco

15 SCS SB 341 - Britt

16 SB 87 - Smith

17 SCS SB 431, E.C. - Shoemyer

18 SB 142 - Robirds

19 SCS SB 383 - Harding

20 SB 436 - Koller

21 SB 606 - Clayton

22 SB 605 - Luetkenhaus

23 SB 111 - Ostmann

24 HCS SB 544 - Relford

25 SB 200 - Thompson

26 SB 316 - Hagan-Harrell

27 SCS SB 357, E.C. - Johnson (90)

28 SB 207 - Kennedy

29 SB 252 - Surface

30 SB 443, E.C. - Hosmer

31 SCS SB 384 - Johnson (90)

32 SCS SB 241 - Ward

33 HCS SCS SB 382, E.C. - Liese

34 SB 224, E.C. - Luetkemeyer

35 SB 179 - Wagner

36 HCS SCS SB 617 - Rizzo

37 SB 435 - Koller

38 SB 223 - Hosmer

39 HCS SCS SB 520 - Myers

40 HCS SB 227 - Burton

41 SB 110 - Ladd Baker

42 SCS SB 514 - Hosmer

43 SB 353, HCA 1 - Shields

44 HCS SB 274 - Harlan

45 HCS SCS SB 568 - Davis

46 SB 451 - Mays (50)

47 SCS SB 352 - Lawson

48 HCS SCS SB 178 - Hoppe

49 HCS SB 345 - Holt

50 HCS SCS SB 515 - Kennedy

51 SCS SB 407 - Hilgemann

52 SB 540 - Levin

53 HCS SCS SB 619, E.C. - Hoppe

54 SB 201 - Farnen

55 SB 58 - Wagner

56 SB 303 - Relford

57 HCS SB 610 - Hoppe

58 SCS SB 13 - Ross

59 HCS SB 543 - Britt

60 SB 556 - Hoppe

61 SB 575 - Davis

62 HCS SB 304 - Monaco

63 SB 406 - Scott

64 SCS SB 197 - Luetkenhaus

65 SB 148 - Seigfreid

66 HCS SB 307 - Froelker

67 HCS SB 348 - Barry

68 HCS SB 538 - Luetkemeyer



HOUSE BILLS WITH SENATE AMENDMENTS



1 SCS HCS HB 2 - Green (73)

2 SCS HCS HB 3 - Green (73)

3 SCS HCS HB 4 - Green (73)

4 SCS HCS HB 5 - Green (73)
Missouri House of Representatives