Journal of the House

First Regular Session, 91st General Assembly

FIFTY-NINTH DAY, Thursday, April 19, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

O Lord, You know how busy these men and women of the House are this day. Should they forget You, please do not forget them. 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: Chas Wildberger, Cody Miller, Mitchell Meyers, Jake Christianson, Ethan Kanke, Ashley Huntington, Shamari Jackson, Janay Landon, Brittany Wilson, Tierra Perkins, Jessica Henderson, Darrel Keys, Rachel Willeford and William Princivalli.

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

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1398

and

House Resolution No. 1399 - Representative Relford

House Resolution No. 1400 - Representative Scheve

House Resolution No. 1401 - Representative Kelly (36)

House Resolution No. 1402 - Representative Hartzler

House Resolution No. 1403

through

House Resolution No. 1422 - Representative Black

House Resolution No. 1423 - Representative Skaggs

House Resolution No. 1424 - Representatives Henderson and Luetkemeyer

House Resolution No. 1425 - Representative King

House Resolution No. 1426

and

House Resolution No. 1427 - Representative Barnitz

House Resolution No. 1428 - Representative Black

House Resolution No. 1429

and

House Resolution No. 1430 - Representatives Kreider, Hanaway and Foley

House Resolution No. 1431 - Representative Cooper

House Resolution No. 1432 - Representatives Ridgeway, Reinhart and Phillips

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 30 was read the second time.

COMMITTEE REPORTS

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

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1 and CCS SCS HCS HB 15, begs leave to report it has examined the foregoing bills and finds the same to be truly and correctly printed as agreed to and finally passed.

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HS HCS HBs 280, 69, 497 & 689, HB 527, HS HB 736 and HS HCS HBs 835, 90, 707, 373, 641, 510, 516 & 572, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

SIGNING OF HOUSE BILL

All other business of the House was suspended while CCS SCS HCS HB 15 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

Having been duly signed in open session of the Senate, CCS SCS HCS HB 15 was delivered to the Governor by the Chief Clerk of the House.

PERFECTION OF HOUSE BILL

HB 366, as amended, with House Substitute Amendment No. 1 for House Amendment No. 3 and House Amendment No. 3, pending, relating to income tax: pension deduction, was taken up by Representative Champion.

House Substitute Amendment No. 1 for House Amendment No. 3 was withdrawn.

Representative O'Toole 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 4, by inserting after the word "shall" the following: ", for tax years beginning before January 1, 2003,"; and

Further amend said bill, Page 2, Section 143.124, Line 16, by inserting after the period "." on said line the following: "For tax years beginning January 1, 2002,"; and

Further amend said bill, Page 2, Section 143.124, Line 17, by inserting after the word "returns" the following: "for tax years beginning before January 1, 2003,"; and

Further amend said bill, page and section, Line 18, by inserting after the word "return." the following: "For tax years beginning on or after January 1, 2003, the maximum deduction allowed for an individual taxpayer, and per taxpayer for taxpayers filing combined returns, shall be seven thousand two hundred dollars."; and

Further amend said bill, Page 2, Section 143.124, Line 34, by inserting after the numeral "1990," the following: "but before January 1, 2003,"; and

Further amend said bill, Page 2, Section 143.124, Line 47, by inserting an opening bracket "[" after the numeral "2002"; and

Further amend said bill, page and section, Line 49, by inserting a closing bracket "]" after the numeral "2002"; and

Further amend said bill, Page 3, Section 143.124, Line 57, by inserting after the numeral "4." the following:

"For the tax years beginning on or after January 1, 2003, there shall be subtracted from Missouri adjusted gross income, determined pursuant to section 143.121, a maximum of the first seven thousand two hundred dollars of retirement benefits received by each taxpayer from all sources. A taxpayer shall be entitled to the maximum exemption provided by this subsection:

(1) If the taxpayer's filing status is single, head of household or qualifying widow(er) and the taxpayer's Missouri adjusted gross income is less than thirty thousand dollars; or

(2) If the taxpayer's filing status is married filing combined and their combined Missouri adjusted gross income is less than thirty-eight thousand five hundred dollars; or

(3) If the taxpayer's filing status is married filing separately and the taxpayer's Missouri adjusted gross income is less than nineteen thousand two hundred fifty dollars.

5."; and

Further amend said bill, Page 3, Section 143.124, Line 58, by inserting after the numeral "3" the words "or 4"; and

Further amend said bill, Page 3, Section 143.124, Line 62, by inserting brackets around the numeral "5." and inserting after the closing bracket the numeral "6."; and

Further amend said bill, Page 3, Section 143.124, Line 66, by inserting an opening bracket "[" before the numeral "6."; and

Further amend said bill, Page 3, Section 143.124, Line 72, by inserting a closing bracket "]" after the word "levels.".

On motion of Representative O'Toole, House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.

Representative Kennedy offered House Amendment No. 4.

House Amendment No. 4

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

"161.709. For tax years beginning on or after January 1, 2001, a taxpayer who is a teacher, as defined in subdivision (15) of section 163.011, RSMo, shall be allowed to claim a credit against the tax otherwise due pursuant to chapter 143, RSMo, excluding sections 143.191 to 143.265, RSMo, and related provisions, in an amount equal to the lesser of fifty dollars or the amount such taxpayer's expenditures not reimbursed during the same tax year for instructional materials used in the course of such taxpayer's employment as a teacher. A taxpayer shall claim the credit allowed by this section at the time such taxpayer files a return; provided that, a taxpayer who fails to timely file such taxpayer's return shall not be eligible for a credit pursuant to this section. The tax credit allowed pursuant to this section shall be nonrefundable, but may be carried over to the next five succeeding taxable years until the full credit has been claimed. The department of revenue is authorized to adopt any rules or regulations deemed necessary for the effective administration of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo."; and

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

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

House Substitute Amendment No. 1

for

House Amendment No. 4

AMEND House Bill No. 366, Page 3, Section 143.124, Line 83, by adding the following new section:

"Section A. Chapter 135, RSMo, is amended by adding thereto one new section, to be known as section 135.342, to read as follows:

135.342. For tax years beginning on or after January 1, 2001, a taxpayer who is a teacher, as defined in subdivision (15) of section 163.011, RSMo, shall, to the extent such taxpayer claims no other credit or deduction for the same expenditures, be allowed to claim a credit against the tax otherwise due pursuant to chapter 143, RSMo, excluding sections 143.191 to 143.265, RSMo, and related provisions, in an amount equal to the lesser of two hundred fifty dollars or the amount such taxpayer's out-of-pocket expenditures during the same tax year for instructional materials used in the course of such taxpayer's employment as a teacher. A taxpayer shall claim the credit allowed by this section at the time such taxpayer files a return; provided that, a taxpayer who fails to timely file such taxpayer's return shall not be eligible for a credit pursuant to this section. The tax credit allowed pursuant to this section shall be nonrefundable, but may be carried over to the next five succeeding taxable years until the full credit has been claimed. The department of revenue is authorized to adopt any rules or regulations deemed necessary for the effective administration of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo."; and

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

On motion of Representative Shields, House Substitute Amendment No. 1 for House Amendment No. 4 was adopted.

Representative Riback Wilson (25) offered House Amendment No. 5.

House Amendment No. 5

AMEND House Bill No. 366, Page 1, Section A, Line 2, by inserting after said line the following:

"135.760. 1. For all taxable years beginning on or after January 1, 2002, a resident individual who is allowed a federal earned income tax credit pursuant to Section 32 of the Internal Revenue Code shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to one-half of one percent of the allowable federal earned income tax credit. For all taxable years beginning on or after January 1, 2004, a resident individual who is allowed a federal earned income tax credit pursuant to Section 32 of the Internal Revenue Code shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to two and one-half percent of the allowable federal earned income tax credit. For all taxable years beginning on or after January 1, 2006, a resident individual who is allowed a federal earned income tax credit pursuant to Section 32 of the Internal Revenue Code shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to five percent of the allowable federal earned income tax credit. For all taxable years beginning on or after January 1, 2008, a resident individual who is allowed a federal earned income tax credit pursuant to Section 32 of the Internal Revenue Code shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to seven and one-half percent of the allowable federal earned income tax credit. For all taxable years beginning on or after January 1, 2010, a resident individual who is allowed a federal earned income tax credit pursuant to Section 32 of the Internal Revenue Code shall be allowed a credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to ten percent of the allowable federal earned income tax credit. The tax credit allowed by this section shall be claimed by such individual at the time such individual files a return and shall be applied against the income tax liability imposed by chapter 143, RSMo. Where the amount of the credit exceeds the tax liability, the difference shall be refunded to the taxpayer or carried forward into each subsequent taxable year until such credit is fully used.

2. The director of the department of revenue shall promulgate rules and regulations to administer the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

3. Notwithstanding the provision of subsection 4 of section 32.057, RSMo, the department of revenue or any duly authorized employee or agent shall determine whether any taxpayer filing a report or return with the department of revenue who has not applied for the credit allowed pursuant to subsection 1 of this section may qualify for the credit, and shall notify any qualified claimant of his or her potential eligibility, where the department determines such potential eligibility exists."; and

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

On motion of Representative Riback Wilson (25), House Amendment No. 5 was adopted.

Representative Jetton offered House Amendment No. 6.

House Amendment No. 6

AMEND House Bill No. 366, Page 1, Section A, Line 2, by inserting after said line the following:

"135.305. A Missouri wood energy producer shall be eligible for a tax credit on taxes otherwise due under chapter 143, RSMo, except sections 143.191 to 143.261, RSMo, as a production incentive to produce processed wood products in a qualified wood producing facility using Missouri forest product residue. The tax credit to the wood energy producer shall be five dollars per ton of processed material. The credit may be claimed for a period of [five] ten years and is to be a tax credit against the tax otherwise due."; and

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

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

Representative Fraser offered House Amendment No. 7.

House Amendment No. 7

AMEND House Bill No. 366, Page 1, Section A, Line 2, by inserting after said line the following:

"135.340. 1. For all tax years beginning on or after January 1, 2002, and in addition to deductions allowed an employer by law for wages paid an employee, an employer which grants an employee paid leave to volunteer at a public elementary or secondary, or to attend a school sponsored function with an educational purpose of the employee's biological, adopted, step or foster child, or any other child for which the employee is a legal guardian shall be allowed a refundable credit against the tax otherwise due pursuant to chapter 143, RSMo, not including sections 143.191 to 143.265, RSMo, in an amount equal to fifty percent of the amount of the federal minimum wage for each such hour of paid leave per employee.

2. To obtain the credit allowed by this section, an employer shall first obtain a certificate of tax credit from the department of labor and industrial relations. The department shall require an employer to submit documentation regarding the amount of paid leave granted each employee for the purposes described in subsection 1 of this section, and shall issue the employer a certificate of tax credit in an appropriate amount. The department of labor and industrial relations is authorized to promulgate any rules necessary for the implementation of the tax credit allowed by this section. No rule or portion of a rule shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo.

3. An employer shall claim any tax credit allowed by this section by filing the certificate of tax credit issued by the department of labor and industrial relations with such employer's tax return.

4. No more than five million dollars in tax credits shall be allowed annually pursuant to this section. The department of labor and industrial relations shall issue credits pursuant to this section in the order applications therefor are received."; and

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

Representative Gambaro offered House Amendment No. 1 to House Amendment No. 7.

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Bill No. 366, Page 1, Section 135.340, Line 6, by inserting at the end of said line the following: "private or"; and

Further amend said amendment, page and section, Line 7, by inserting after the word "secondary" the word "school".

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

House Substitute Amendment No. 1

for

House Amendment No. 1

to

House Amendment No. 7

AMEND House Amendment No. 7 to House Bill No. 366, Page 1, Section 135.340, Line 7, by inserting after the word "public" the following: "private, or parochial"; and

Further amend said bill, Line 7, by inserting after the word "secondary" the word "school".

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

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

Representative Hohulin offered House Amendment No. 8.

House Amendment No. 8

AMEND House Bill No. 366, Page 2, Line 84, by adding the following:

"In third class counties with a population of less than 30,000 people and bordered by a state line and at least 2 other 3^rd class counties, a tax credit of 80% shall be granted to the owner of a recreation facility with at least 6 baseball diamonds for improvements made to such facility with an annual cap on the tax credit of $10,000".

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

Representative Crump moved the previous question on the motion to perfect HB 366, as amended.

Which motion was adopted by the following vote:

Speaker Pro Tem Abel assumed the Chair.

Representative Champion made a privileged motion that HB 366, as amended, be referred to the Committee on Fiscal Review and Government Reform.

Which motion was granted.

On motion of Representative Champion, HB 366, as amended, was ordered perfected and printed.

REFERRAL OF HOUSE BILL

HB 366 was referred to the Committee on Fiscal Review and Government Reform.

PERFECTION OF HOUSE BILL

HB 286, with House Committee Amendment No. 1 and House Committee Amendment No. 2, relating to sales and use tax refunds, was taken up by Representative Smith.

Representative Smith offered HS HB 286.

Speaker Kreider resumed the Chair.

Representative Froelker raised a point of order that the house substitute goes beyond the scope of the original bill.

The Chair ruled the point of order not well taken.

Representative Champion offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Bill No. 286, Page 1, Line 4 of the Title, by inserting after the word "tax" the words "and income tax"; and

Further amend said bill, Page 6, Section 144.1068, Line 10 of said page, by inserting after all of said line the following:

"Section 1. No deduction shall be allowed pursuant to section 143.124, RSMo, for any amount of an annuity, pension or retirement allowance to the extent that such amount is excluded from the taxpayer's federal or Missouri adjusted gross income, or is otherwise deducted from either the taxpayer's federal or Missouri adjusted gross income in calculating Missouri taxable."; and

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

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

Representative Wright offered House Amendment No. 2.

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

The Chair ruled the point of order well taken.

Representative Gratz offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Bill No. 286, Page 2, Section 144.195, Line 11, by inserting after the word "collected." the following:

"4. The director of revenue shall determine the additional revenue accruing to the state as a result of this act in each calendar year and authorize an increase in the amount that the person required to remit may retain in excess of the two percent authorized in 144.140 RSMo in order to offset any additional revenue.".

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

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Bill No. 286, Page 2, Section 144.195, Line 11, by inserting after the word "collected." the following:

"4. The director of revenue may determine the additional revenue accruing to the state as a result of this act in each calendar year and authorize an increase in the amount that the person required to remit may retain in excess of the two percent authorized in 144.140 RSMo [in order to offset any additional revenue.]".

On motion of Representative Smith, House Substitute Amendment No. 1 for House Amendment No. 2 was adopted.

Representative Lograsso offered House Amendment No. 3.

Representative Smith raised a point of order that House Amendment No. 3 amends previously amended material.

The Chair ruled the point of order well taken.

Representative Shields offered House Amendment No. 3.

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

The Chair ruled the point of order well taken.

Representative Lograsso offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Bill No. 286, Page 2, Section 144.1050, Line 12, by inserting immediately before said line the following:

"Section B. The provisions of section 144.195 shall not apply unless the director of revenue determines that the person legally obligated to remit the tax failed to make a reasonable effort to identify and refund to the purchaser that originally paid the tax any excess collection. The burden of proof shall be on the department of revenue to establish a reasonable effort.".

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

Which motion was defeated.

Representative Hegeman offered House Amendment No. 4.

Representative Smith raised a point of order that House Amendment No. 4 goes beyond the scope of the house substitute.

The Chair ruled the point of order well taken.

Representative Jetton offered House Amendment No. 4.

Representative Clayton raised a point of order that House Amendment No. 4 goes beyond the scope of the house substitute.

The Chair ruled the point of order well taken.

Representative Cooper offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Bill No. 286, Page 2, Section 144.195, Lines 10 and 11, by striking said lines and inserting in lieu thereof the following:

"deposited in the Mental Health Trust Fund, pursuant to section 630.330, RSMo, for the purpose of funding programs for the mentally retarded or developmentally disabled.".

Speaker Pro Tem Abel resumed the Chair.

On motion of Representative Cooper, House Amendment No. 4 was adopted by the following vote:

Representative Scott offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Bill No. 286, Page 2, Section 144.1950, Line 11, by deleting the remainder of the substitute.

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

Which motion was defeated by the following vote:

HB 286, with HS, as amended, House Committee Amendment No. 1 and House Committee Amendment No. 2, pending, was laid over.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HS HCS HBs 280, 69, 497 & 689 - Fiscal Review and Government Reform (Fiscal Note)

HB 527 - Fiscal Review and Government Reform (Fiscal Note)

HS HB 736 - Fiscal Review and Government Reform (Fiscal Note)

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 31, introduced by Representative Ballard, relating to the application of any insecticide or herbicide in public buildings.

INTRODUCTION OF HOUSE BILLS - APPROPRIATIONS

The following House Bills were read the first time and copies ordered printed:

HB 16, introduced by Representative Green (73), to appropriate money for capital improvement and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds herein designated for the period beginning July 1, 2001 and ending June 30, 2003.

HB 17, introduced by Representative Green (73), to appropriate money for expenses, grants, refunds, distributions and other purposes for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, from the funds designated herein.

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 SCS HCS HB 6, entitled:

An act to appropriate money for the expenses, grants, refunds and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources 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.

With Senate Amendment No. 1 and Senate Amendment No. 2.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 6, Page 22, Section 6.372, by deleting Section 6.372 from the Bill, and further adjusting the totals on Page 26 accordingly.

Senate Amendment No. 2

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 6, Pages 18-19, Section 6.305, Lines 3-10, by deleting said lines.

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 7, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, 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 8, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, 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 9, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections, the Board of Public Buildings, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, 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 10, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health, and the several divisions and programs thereof and the Missouri Health Facilities Review Committee to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

With Senate Amendment No. 1, Senate Amendment No. 2 and Senate Amendment No. 4.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 34, Section 10.715, Lines 1 to 27, by striking all of said section and inserting in lieu thereof the following:

"Section 10.715. To the Department of Health

For the Division of Maternal, Child and Family Health

For the purpose of funding alternatives to abortion services, consisting of services or counseling offered to a pregnant woman and continuing for one year thereafter, to assist her in carrying her unborn child to term instead of having an abortion, and to assist her in caring for her dependent child or placing her child for adoption, including, but not limited to, the following: prenatal care; medical and mental health care; parenting skills; drug and alcohol testing and treatment; child care; newborn or infant care; housing; utilities; educational services; food, clothing and supplies relating to pregnancy, newborn care and parenting; adoption assistance; job training and placement; establishing and promoting responsible paternity; ultrasound services; case management; domestic abuse protection; transportation; and administrative costs of service providers in an amount generally allowed for service providers in state contracts. Actual provision and delivery of such services shall be dependent on client needs and not otherwise prioritized by the department. Such services shall be available only during pregnancy and continuing for one year thereafter, and shall exclude any service of the type described in Section 10.710. An independent audit shall be conducted annually to ensure compliance with this section. None of these funds shall be expended to perform or induce, assist in the performing or inducing of, or refer for, abortions; and none of these funds shall be granted to organizations or affiliates of organizations that perform or induce, assist in the performing or inducing of, or refer for, abortions.

From General Revenue

Fund (0 F.T.E.) $1,000,000".

Senate Amendment No. 2

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 13, Section 10.370, Line 11, by deleting the number "1,826,518" and inserting in lieu thereof the number "1,978,669"; and

Further amend said section, Line 13, by deleting the number "$1,944,068" and inserting in lieu thereof the number "$2,096,219"; and

Further amend said section, Line 14, by deleting the figure "(255.25 FTE)" and inserting in lieu thereof the figure "(258.75)", and deleting the number "$9,696,594" and inserting in lieu thereof the number "$9,848,745".

Senate Amendment No. 4

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 10, Page 31, Section 10.710, Lines 63-69, by striking all of said lines and inserting in lieu thereof the word "funds."; and

Further amend said bill and section, Page 32, Lines 115-121, by striking all of said lines and inserting in lieu thereof the words "these funds."; and

Further amend said bill and section, Pages 33-34, Lines 161-169, by striking all of said lines and inserting in lieu thereof the words "government entity receiving these funds.".

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 11, entitled:

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

With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3 and Senate Amendment No. 4.

Senate Amendment No. 1

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 20, Section 11.400, Line 6, by deleting the number "3,790,339" and inserting in lieu thereof the number "3,947,347"; and

Further amend said section, Line 7, by deleting the number "489,467" and inserting in lieu thereof the number "544,822"; and

Further amend said section, Line 8, by deleting the number "4,279,806" and inserting in lieu thereof the number "4,492,169"; and

Further amend said section, Line 9, by deleting the number "4,777,753" and inserting in lieu thereof the number "4,934,761"; and

Further amend said section, Line 10, by deleting the number "6,214,508" and inserting in lieu thereof the number "6,269,863"; and

Further amend said section, Line 11, by deleting the number "10,992,261" and inserting in lieu thereof the number "11,204,624"; and

Further amend said section, Page 21, Line 33, by deleting the number "18,587,268" and inserting in lieu thereof the number "19,011,944".

Senate Amendment No. 2

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 20, Section 11.400, Line 2, by inserting immediately after Line 2, the following: "For the purpose of funding administrative services including".

Senate Amendment No. 3

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 11, Section 11.130, Line 3, by adding after the word "staff" the following:

";provided that the division may use up to $350,000 for the purpose of contracting with community-based not-for-profit agencies which are certified by a recognized national body and which demonstrate a record of providing successful job placement, training and retention services to implement a retention program to address turnover in offices in the Metropolitan St. Louis Region.".

Senate Amendment No. 4

AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 11, Page 22, Section 11.420, Line 6, by deleting the number "236,446,984" and inserting in lieu thereof the number "236,538,457"; and

Further amend said section, Line 7, by deleting the number "445,178,996" and inserting in lieu thereof the number "445,423,082"; and

Further amend said section, Line 10, by deleting the number "729,114,031" and inserting in lieu thereof the number "729,449,590"; and

Further amend said bill, Section 11.425, Line 8, by deleting the number "87,089,486" and inserting in lieu thereof the number "87,186,699"; and

Further amend said section, Line 9, by deleting the number "147,235,261" and inserting in lieu thereof the number "147,494,661"; and

Further amend said section, Line 11, by deleting the number "235,572,291" and inserting in lieu thereof the number "235,928,904"; and

Further amend said bill, Section 11.450, Line 12, by deleting the number "30,771,949" and inserting in lieu thereof the number "30,775,005"; and

Further amend said section, Line 13, by deleting the number "50,520,306" and inserting in lieu thereof the number "50,528,459"; and

Further amend said section, Line 15, by deleting the number "81,487,136" and inserting in lieu thereof the number "81,498,345"; and

Further amend said bill, Section 11.460, Line 5, by deleting the number "24,519,569" and inserting in lieu thereof the number "24,658,958"; and

Further amend said section, Line 6, by deleting the number "276,239,615" and inserting in lieu thereof the number "276,611,559"; and

Further amend said section, Line 11, by deleting the number "450,987,337" and inserting in lieu thereof the number "451,498,670"; and

Further amend said bill, Section 11.510, Line 5, by inserting immediately after said line the following new line:

"From General Revenue Fund $7,057";

and

Further amend said section, Line 6, by deleting the number "185,175,927E" and inserting in lieu thereof the number "185,194,756E"; and

Further amend said section, Line 6, by inserting immediately after said line, the following new line:

"Total (0 F.T.E.) $185,201,813".

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 12, entitled:

An act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive's Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirements Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and Contingent expenses of the General Assembly, including salaries and expenses of elective and appointive offices and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Committee of Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2001 and ending June 30, 2002.

In which the concurrence of the House is respectfully requested.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, April 23, 2001.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Fifty-eighth Day, Wednesday, April 18, 2001, Page 1203, Line 19, by inserting after the word "military" the word "retirement".

Page 1203, Line 20, by inserting at the beginning of said line the following: "U.S. military".

Page 1176, roll call, by showing Representative Harding voting "aye" rather than "absent with leave".

Page 1176, roll call, by showing Representatives Griesheimer, Kelley (47), King and May (149) voting "no" rather than "absent with leave".

Page 1177, roll call, by showing Representative Sanders Brooks voting "present" rather than "absent with leave".

Page 1188, roll call, by showing Representative Sanders Brooks voting "present" rather than "absent with leave".

Page 1188, roll call, by showing Representative Naeger voting "aye" rather than "absent with leave".

Page 1189, roll call, by showing Representative Behnen voting "no" 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

BUDGET

Monday, April 23, 2001, 1:00 p.m. Hearing Room 3.

Executive Session.

To be considered - HB 14

BUDGET

Tuesday, April 24, 2001, 8:00 am. Hearing Room 3.

Possible Executive Session.

To be considered - HB 16, HB 17

BUDGET

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

Executive Session.

To be considered - HB 16, HB 17

BUDGET

Tuesday, April 24, 2001, 7:30 pm. Hearing Room 3.

Executive Session.

To be considered - HB 16, HB 17

CHILDREN, FAMILIES, AND HEALTH

Tuesday, April 24, 2001. Hearing Room 4 upon morning adjournment.

Possible Executive Session.

To be considered - HB 620, SB 266, SCR 5, SCR 19, SCR 25

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

FISCAL REVIEW AND GOVERNMENT REFORM

Monday, April 23, 2001. Hearing Room 2 upon evening adjournment.

To be considered - SB 50, Executive Session - HB 349,

Executive Session -HJR 7, Executive Session - SCR 22

JOINT COMMITTEE ON GAMING AND WAGERING

Monday, April 30, 2001, 12:00 pm. Hearing Room 7.

State of the State: Gaming in MO, Missouri Gaming Commission,

Missouri Lottery and Horse Racing.

LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, April 24, 2001. Hearing Room 7 upon morning adjournment.

Executive Session may follow.

To be considered - SB 433

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, April 25, 2001, 9:30 am. Hearing Room 6.

Executive Session may follow.

To be considered - SB 5

PUBLIC SAFETY, LAW ENFORCEMENT AND VETERAN AFFAIRS

Tuesday, April 24, 2001, 8:00 am. Hearing Room 6.

Executive Session will follow.

To be considered - HB 93, SB 351

SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, April 24, 2001, 8:00 pm. Hearing Room 6.

Executive Session may follow.

To be considered - SB 60

TOURISM, RECREATION AND CULTURAL AFFAIRS

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

Executive Session may follow.

To be considered - SB 323

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

SIXTIETH DAY, MONDAY, APRIL 23, 2001

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 31

HOUSE BILLS FOR SECOND READING - APPROPRIATIONS

1 HB 16

2 HB 17

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, HS,as amended, HCA 1 and HCA 2, pending, - Smith

3 HB 678 - Seigfreid

4 HB 436 - Merideth

5 HCS HB 472 - Burton

6 HCS HB 488 - Koller

7 HB 592, HCA 1 - Williams

8 HCS HB 660 - Hagan-Harrell

9 HB 555 - Foley

10 HCS HB 426 - O'Toole

11 HCS HB 831 - Carnahan

12 HCS HB 428 - Kelly (36)

13 HCS HB 593 - Riback Wilson (25)

14 HCS HB 170 - Froelker

15 HCS HB 239 - Smith

16 HB 715 - Foley

17 HCS HB 981 & 665 - Willoughby

18 HB 802 - Ransdall

19 HCS HB 374 - Fraser

20 HCS HB 780 - Scheve

21 HCS HB 853 & 258 - Crump

22 HCS HB 186 & 172 - Troupe

23 HCS HB 635 - Barry

24 HCS HB 868 - Merideth

25 HCS HB 253 - Ross

26 HCS HB 888, 942 & 943 - Scheve

27 HCS HB 293 - Kennedy

28 HB 809, HCA 1 - Carnahan

29 HCS HB 340, 303 & 316 - Graham

30 HB 640 - Johnson (90)

31 HCS HB 723 - Mays (50)

32 HCS HB 117 - Riback Wilson (25)

33 HCS HB 307 - Wiggins

34 HCS HB 663 & 375 - Kennedy

35 HCS HB 921 - Curls

36 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 BILLS FOR THIRD READING

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

2 HS HCS HB 835, 90, 707, 373, 641, 510, 516 & 572 - Britt

3 HCS HB 280, 69, 497 & 689, (Fiscal Review 4-19-01) - Hoppe

4 HB 527, (Fiscal Review 4-19-01) - Luetkenhaus

5 HS HB 736, (Fiscal Review 4-19-01) - Liese

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)

5 SCS HCS HB 6, as amended, - Green (73)

6 SCS HCS HB 7 - Green (73)

7 SCS HCS HB 8 - Green (73)

8 SCS HCS HB 9 - Green (73)

9 SCS HCS HB 10, as amended, - Green (73)

10 SCS HCS HB 11, as amended, - Green (73)

11 SCS HCS HB 12 - Green (73)
Missouri House of Representatives