Journal of the House

First Regular Session, 91st General Assembly

SIXTY-SEVENTH DAY, Thursday, May 3, 2001

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

O Lord, we pray for Your wisdom and guidance upon the members of this House and those who lead it. They carry heavy responsibilities for insuring justice and fair play in our state, for all our people.

Keep their conscience strong and forceful; keep their respect for their calling alive; and keep their patience in good working order.

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: Charlie Garber, Destinee Parris, Bonnie Cohee and Ben King.

The Journal of the sixty-sixth day was approved as corrected.

RESOLUTION

Representative Davis offered House Resolution No. 1868.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1853 - Representative Luetkemeyer

House Resolution No. 1854

through

House Resolution No. 1859 - Representative Secrest

House Resolution No. 1860 - Representative Burton

House Resolution No. 1861 - Representatives Burton and Secrest

House Resolution No. 1862

and

House Resolution No. 1863 - Representative Davis

House Resolution No. 1864 - Representatives Johnson (90) and Skaggs

House Resolution No. 1865 - Representative Johnson (90)

House Resolution No. 1866

and

House Resolution No. 1867 - Representative Miller

House Resolution No. 1869

and

House Resolution No. 1870 - Representative Behnen

House Resolution No. 1871 - Representative Cooper

House Resolution No. 1872

through

House Resolution No. 1877 - Representative Wiggins

House Resolution No. 1878

and

House Resolution No. 1879 - Representative Abel

House Resolution No. 1880 - Representative Black

House Resolution No. 1881 - Representative Bartelsmeyer

House Resolution No. 1882

and

House Resolution No. 1883 - Representative Haywood

House Resolution No. 1884 - Representative Murphy

House Resolution No. 1885 - Representative Boatright

House Resolution No. 1886 - Representative Berkowitz

House Resolution No. 1887 - Representative Berkstresser

House Resolution No. 1888 - Representative Legan

House Resolution No. 1889 - Representative Kreider

House Resolution No. 1890 - Representative Barnitz

House Resolution No. 1891

and

House Resolution No. 1892 - Representative Barry

House Resolution No. 1893 - Representative Scott

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 34 was read the second time.

SECOND READING OF SENATE BILLS

SS SCS SB 27, SCS SBs 42 & 108, SS SCS SB 375, SCS SB 387, SS SCS SBs 510, 512 & 133 and SCS SB 578 were read the second time.

BILL CARRYING REQUEST MESSAGE

Representative Crump moved that the House return SS SCS SBs 476, 427 & 62 to the Senate for correction and repassage.

Which motion was adopted.

HOUSE BILL WITH SENATE AMENDMENTS

SCS HB 808 & HB 951, as amended, relating to conveyance in Cole County, was taken up by Representative Gratz.

On motion of Representative Gratz, SCS HB 808 & HB 951, as amended, was adopted by the following vote:

On motion of Representative Gratz, SCS HB 808 & HB 951, as amended, was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

THIRD READING OF SENATE BILL

HCS SB 462, as amended, with House Amendment No. 8, pending, relating to agriculture, was taken up by Representative Legan.

Representative Smith assumed the Chair.

Representative Marble offered House Amendment No. 1 to House Amendment No. 8.

House Amendment No. 1

to

House Amendment No. 8

AMEND House Amendment No. 8 to House Committee Substitute for Senate Bill No. 462, Page 1, Section 281.260, Line 12, by removing the bracket around the word "fifteen" and removing the new language of one-hundred.

Representative Marble moved that House Amendment No. 1 to House Amendment No. 8 be adopted.

Which motion was defeated by the following vote:

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

Representative Crump offered House Amendment No. 9.

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

Representative Smith requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Richardson offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for Senate Bill No. 462, Page 27, Section 578.008, Line 5, by inserting after all of said line the following:

"Section 1. Notwithstanding any law to the contrary, all Missouri landowners retain the right to have, use, and own private water systems and ground source systems anytime and anywhere including land within city limits, unless prohibited by city ordinance, on their own property so long as all applicable rules and regulations established by the Missouri department of natural resources are satisfied. All Missouri landowners who choose to use their own private water system shall not be forced to purchase water from any other water source system servicing their community."; and

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

On motion of Representative Richardson, House Amendment No. 9 was adopted.

Representative Ransdall offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for Senate Bill No. 462, Page 17, Section 278.300, Line 9, by inserting immediately after said line the following:

"322.010. For the purpose of sections 322.010 to [322.080] 322.145, the following words and following phrases shall be considered and held to mean the following:

(1) "Affected with rabies" [shall mean when manifesting the principal characteristic symptoms of rabies as described in the standard textbooks treating upon the diseases of domestic animals], infected with the rabies virus as determined by standard laboratory testing;

(2) "Exposed to rabies" [shall mean], when bitten by, or fought with, or has come in close contact with a dog [showing symptoms of rabies] or other animal shown to be infected with the rabies virus as determined by standard laboratory testing;

(3) "Immunized" [shall mean], immunized against rabies at the expense of the owner or custodian by the administration of antirabic virus by a licensed veterinarian; [and]

(4) "Rabies" [shall mean], hydrophobia; and

(5) "Zoonotic disease", a dangerous disease communicable from animals to humans as determined by the department of health.

322.140. 1. If a county does not adopt rules and regulations pursuant to sections 322.090 to 322.130, whenever an animal bites or otherwise possibly transmits rabies or any zoonotic disease, the incident shall be immediately reported to the county health department. The county health department shall immediately report the incident to the department of health and shall cooperate fully with the department of health in its investigation.

2. Upon receipt of an incident report where an animal bites or otherwise possibly transmits rabies or any zoonotic disease, the department of health shall investigate the incident and shall have discretion to order the animal quarantined, isolated, impounded, tested, immunized or disposed of to prevent and control rabies or zoonotic disease.

3. With regard to exposure to rabies or zoonotic disease the department of health shall, in its investigation and issuance of its order, consider the following:

(1) Prior vaccinations for rabies or zoonotic disease;

(2) The degree of exposure to rabies or zoonotic disease;

(3) The history and prior behavior of the animal prior to exposure;

(4) The availability and effectiveness of human post-exposure immunization for rabies or zoonotic disease;

(5) The willingness of the individual so exposed to submit to post-exposure immunization for rabies or zoonotic disease; and

(6) Any other relevant information.

4. It shall be unlawful for the owner of an animal that bites or otherwise possibly transmits rabies or any zoonotic disease to knowingly fail or refuse to comply with a lawful order of the department of health declaring a quarantine, isolation, impounding, testing, immunization or disposal of an animal. It shall also be unlawful for an owner of an animal that bites or otherwise possibly transmits rabies or any zoonotic disease to sell, give away, transfer, transport to another area or otherwise dispose of an animal until the animal has been released by the department of health. A violation of this subsection shall be a class A misdemeanor.

5. The owner of an animal that bites or otherwise possibly transmits rabies or any zoonotic disease shall be responsible for all costs associated with the department of health's investigation of the incident, including but not limited to:

(1) The cost to quarantine, isolate, impound, immunize or dispose of the animal;

(2) The cost to test the animal for rabies or zoonotic disease;

(3) The cost to test the exposed person for rabies or zoonotic disease; and

(4) The cost to treat the person exposed to rabies or zoonotic disease.

6. The department of health shall have authority to promulgate rules and regulations concerning the classification of disease as a zoonotic disease pursuant to subdivision (5) of section 322.010 and concerning the payment of costs associated with the department of health's investigation of the incident pursuant to subsection 5 of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.

7. Any moneys collected pursuant to subsection 5 of this section for costs associated with the department of health's investigation of the incident shall be collected by the department of health, who shall transmit them to the department of revenue for deposit in the state treasury to the credit of the Missouri public health services fund.

322.145. The owner of an animal that is known to have bitten or otherwise possibly transmitted rabies or any zoonotic disease shall be liable to an injured party for all damages done by the animal."; and

Further amend said bill, page 27, section 578.008, line 5, by inserting immediately after said line the following:

"578.012. 1. A person is guilty of animal abuse when a person:

(1) Intentionally or purposely kills an animal in any manner not allowed by or expressly exempted from the provisions of sections 578.005 to 578.023 and 273.030, RSMo;

(2) Purposely or intentionally causes injury or suffering to an animal; or

(3) Having ownership or custody of an animal knowingly fails to provide adequate care or adequate control.

2. Animal abuse is a class A misdemeanor, unless the defendant has previously plead guilty to or has been found guilty of animal abuse or the suffering involved in subdivision (2) of subsection 1 of this section is the result of torture or mutilation, or both, consciously inflicted while the animal was alive, in which case it is a class D felony.

[3. For purposes of this section, "animal" shall be defined as a mammal.]

578.023. 1. No person may keep any lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, Canada lynx, bobcat, jaguarundi, hyena, wolf, bear, nonhuman primate, [or] coyote, [or] any deadly, dangerous, or poisonous reptile, or any deadly or dangerous reptile over eight feet long, in any place other than a properly maintained zoological park, circus, scientific, or educational institution, research laboratory, veterinary hospital, or animal refuge, unless such person has registered such animals with the local law enforcement agency in the county in which the animal is kept.

2. Any person violating the provisions of this section shall be guilty of a class C misdemeanor."; and

Further amend the title and enacting clause accordingly.

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

Representative Ridgeway offered House Amendment No. 11.

House Amendment No. 11

AMEND House Committee Substitute for Senate Bill No. 462, Page 7, Section 262.800, Line 73, by deleting Lines 73, 74 and 75, and inserting in lieu thereof the following:

"tract of land until any improvement on such property is connected to the rural water supply district. At the time such connection is made, the provisions of the farmland protection act shall apply."; and

Further amend said bill, Page 8, Line 15, by adding after the word "property" the following:

"These activities and conditions may already be regulated by state, federal or local law and nothing herein is meant to exempt such property from any such laws or regulations but is simply notification to purchasers that living in a rural environment does not mean you will live in an environment free of conditions you find irritating, dangerous, or unpleasant.".

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

Representative Myers offered House Amendment No. 12.

House Amendment No. 12

AMEND House Committee Substitute for Senate Bill No. 462, Page 9, Section 274.060, Line 27, by inserting after all of said line the following:

"278.080. 1. There is hereby established "The State Soil and Water Districts Commission" to administer for this state the soil and water conservation districts provided for by sections 278.060 to 278.300. The state soil and water districts commission shall formulate policies and general programs for the saving of Missouri soil and water by the soil and water conservation districts, and shall give consideration to the districts' needs based on their character; it shall receive and allocate or otherwise expend for the use or benefit of the soil and water conservation districts any funds appropriated by the general assembly for the use or benefit of such districts, including a soil and water conservation cost-share program; it shall receive and properly convey to the soil and water conservation districts any other form of aid extended to such districts by any other agency of this state, except that any money or other form of aid raised or provided within a soil and water district for the use or benefit of that soil and water district shall be received and administered by the governing body of that soil and water district; it shall exercise other authority conferred upon it and perform other duties assigned to it by sections 278.060 to 278.300; and it shall be the administrative agency to represent this state in these and all other matters arising from the provisions of sections 278.060 to 278.300.

2. The state soil and water districts commission shall be composed of four ex officio members and six farmer members. The six farmer members shall be appointed by the governor of Missouri with the advice and consent of the senate. Three of the farmer members shall reside in the portion of this state which is north of the Missouri River and three of the farmer members shall reside in the portion of this state which is south of the Missouri River. The membership shall be geographically dispersed with no more than one of the farmer members appointed from a state senatorial district. Not more than four of the farmer members shall be from the same political party. The ex officio members shall be the director of the department of natural resources, the director of the department of agriculture, the director of the department of conservation, and the dean of the college of agriculture of the University of Missouri. Each of the six farmer members shall be holding legal title to a farm, and shall be earning at least the principal part of the member's livelihood from a farm, all at the time of appointment to the commission. The farmer members shall each be appointed for a period of three years. All members of the commission serving as of June 27, 2000, may continue to serve the unexpired portion of the member's current term. There is no limitation on the number of terms that any of the farmer members appointed by the governor may serve. If any farmer member vacates his or her term for any reason prior to the expiration of such term, the governor may appoint a farmer member to serve for the remainder of the unexpired term. Each member of the commission shall continue to serve until the member's successor has been duly appointed and qualified.

3. The state soil and water districts commission may call upon the attorney general of the state for such legal services as it may require.

4. At its first meeting in each calendar year, the state soil and water districts commission shall select from its current members a chairman and a vice chairman. The ex officio members shall not have the power to vote on any matter before the commission. A quorum shall consist of four farmer members. For the determination of any matter within the commission's authority, at a meeting comprised of four farmer members, a concurrence of three shall be required. No business of the commission shall be executed in absence of a quorum. Each farmer member of the soil and water commission shall be entitled to expenses, including travel expenses, necessarily incurred in the discharge of his or her duties as a member of this commission. The state soil and water districts commission shall provide for the execution of surety bonds for all of its employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all its proceedings and of all its resolutions, regulations, and orders issued or adopted; and shall provide for an annual audit of all its accounts of receipts and disbursements.

5. In addition to the authority and duty herein assigned to the state soil and water districts commission, it shall have the following authority and duty:

(1) To encourage the formation of soil and water conservation districts in areas where their establishment seems necessary and their administration seems feasible;

(2) To formulate and fix the rules and procedures for fair and impartial referendums on the establishing or disestablishment of soil and water districts and for fair and impartial selection of soil and water district supervisors;

(3) To receive petitions for the establishing of soil and water conservation districts as provided in section 278.100; to determine the validity of these petitions; to conduct hearings upon the subject of these petitions; to determine whether the establishment of a soil and water district as petitioned would be effective in the saving of soil and water within the proposed area, and whether a soil and water district if established could be feasibly administered; and, upon reaching a favorable conclusion on these matters, to call for a referendum on the establishing of the soil and water district as petitioned;

(4) To advise any soil and water conservation district in developing its program for saving the soil and water in order that such district may become eligible for any form of aid from state or federal sources;

(5) Subject to district allocations by the commission and other resources, to provide training, programs and other assistance to soil and water conservation districts to identify programs that respond to the character of the districts' needs;

(6) To obtain or accept the cooperation and financial, technical or material assistance of the United States or any of its agencies, and of this state or any of its agencies, for the work of such soil and water districts;

(7) To enter into agreements with the United States or any of its agencies on policies and general programs for the saving of Missouri soil and water by the extension of federal aid to any soil and water conservation district; to advise any soil and water conservation district; to advise any soil and water conservation district on the amount or kind of federal aid needed for the effective saving of soil and water in that district; to determine within the limits of available funds or other resources the amount or kind of state aid to be used for saving of soil and water in any soil and water conservation district; and to determine the withholding of state aid of any amount or kind from any soil and water conservation district that has failed to follow the policies of the state soil and water districts commission in any matter under the provisions of sections 278.060 to 278.300;

(8) To give such other proper assistance as the soil and water commission may judge to be useful to any soil and water district in the saving of soil and water in that district;

(9) To promulgate such rules and regulations as may be necessary to effectively administer a state-funded soil and water conservation cost-share program. Any rule or portion of a rule promulgated under the authority of sections 278.060 to 278.300 shall become effective only if it has been promulgated pursuant to the provisions of chapter 536, RSMo.

6. Unless prohibited by any federal or state law, the commission may grant individual variances to any rule or regulation promulgated thereto, upon presentation of adequate proof, that compliance with sections 278.070 to 278.300, or any rule or regulation, standard, requirement, limitation or order of the commission will have an arbitrary and unreasonable impact on landowners participating in soil and water conservation eligible practices. The commission shall promulgate such rules, regulations and administrative guidelines as necessary to effectively administer this section."; and

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

On motion of Representative Myers, House Amendment No. 12 was adopted.

Representative Ballard offered House Amendment No. 13.

House Amendment No. 13

AMEND House Committee Substitute for Senate Bill No. 462, Page 27, Section 578.008, Line 6, by adding a new section as follows:

"281.087. Notice of the application of any insecticide or herbicide in or around a governmental building shall be conspicuously posted in such building forty-eight hours prior to and forty-eight hours after such application. The application of insecticides or herbicides in or around governmental buildings shall, whenever possible, be conducted after normal business hours at night or on the weekend to reduce the number of persons present in the building during such application."; and

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

Representative Ballard moved that House Amendment No. 13 be adopted.

Which motion was defeated.

Representative Black offered House Amendment No. 14.

House Amendment No. 14

AMEND House Committee Substitute for Senate Bill No. 462, Page 10, Section 278.240, Line 7, by deleting all of said line and inserting in lieu thereof the following:

"2. Five [persons] landowners living within the [subdistrict] watershed district shall be"; and

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

On motion of Representative Black, House Amendment No. 14 was adopted.

Representative Jetton offered House Amendment No. 15.

Representative Clayton raised a point of order that House Amendment No. 15 goes beyond the scope and is not germane to the bill.

Representative Smith requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order well taken.

Representative Cooper offered House Amendment No. 15.

House Amendment No. 15

AMEND House Committee Substitute for Senate Bill No. 462, Page 27, Section 578.008, Line 6, by inserting the following:

"3. It shall be a defense to the crime of spreading disease to livestock or animals if such spreading is consistent with medically recognized therapeutic procedures.".

On motion of Representative Cooper, House Amendment No. 15 was adopted.

Representative Shoemyer offered House Amendment No. 16.

House Amendment No. 16

AMEND House Committee Substitute for Senate Bill No. 462, Page 5, Section 252.333, Line 4, by inserting after all of said line the following:

"262.750. As used in sections 262.750 to 262.762 the following terms shall mean:

(1) "Breimyer center", the Breimyer center for sustainable food and farming systems established by section 262.753;

(2) "Sustainable family farm agriculture", a system of agriculture based on family owned and operated farms that can be sustained from one generation to the next by respecting the natural resource base of farming, encouraging the vitality of local rural communities and providing family farmers with an economic livelihood.

262.753. 1. The "Breimyer Center for Sustainable Food and Farming Systems" is hereby created as a type II entity, as defined in the Reorganization Act of 1974, within the Missouri department of agriculture. It shall be the purpose of the Breimyer center to assist family farms as defined in section 350.010, RSMo, by promoting sustainable family farm agriculture in Missouri. The Breimyer center will provide assistance, including but not limited to, the following:

(1) To promote an understanding and advocacy for sustainable family farm agriculture, including public policies, research, technologies, market opportunities and community resources required for such agriculture, among farmers, food retailers, governmental agencies, universities and colleges, business, not for profit organizations and the general public through education and extension programs, public outreach and other means;

(2) To review, act as a liaison and advocate the interests of family farmers and sustainable family farm agriculture in federal, state and local laws, regulations and ordinances related to food quality and safety, agriculture, environmental protection and community economic development;

(3) To support, sponsor and advocate research in the area of sustainable family farm agriculture, including but not limited to, the provision of sustainable agriculture demonstration grants to family farms which adopt sustainable farming practices and technologies for demonstration to others;

(4) To promote rural economic development that will enhance sustainable family farm agriculture in Missouri; and to review, and comment economic development programs initiated by the Missouri department of economic development;

(5) To promote natural resource and conservation policies that will enhance sustainable family farm agriculture in Missouri and to review and comment upon the applicability of environmental regulations proposed by the federal Environmental Protection Agency, the Missouri department of natural resources or others;

(6) To promote agricultural programs that will enhance sustainable family farm agriculture and to review and comment upon the applicability of regulations and programs proposed by the United States Department of Agriculture and the Missouri department of agriculture;

(7) To promote agricultural research and technical assistance that will enhance sustainable family farm agriculture and to review and comment upon food and agricultural research undertaken by the University of Missouri-Columbia or others;

(8) To develop programs, policies, initiatives and projects that enhance sustainable family farm agriculture;

(9)  To assist in any other legitimate purpose deemed necessary by the council to protect, sustain, enhance and expand Missouri's sustainable family farm agriculture;

(10) To keep farmers, consumers and others apprised of all proposed statutes, rules and regulations at the state and federal levels, assess their potential economic, ecological and social impacts on Missouri's farms, rural communities and on the viability of local and regional food systems;

(11) To provide necessary legal information for individuals or groups to challenge existing or proposed statutes, rules and regulations:

(a) Which unnecessarily restrict the economic viability of small, diversified family farms while providing negligible benefits, environmental or social benefits;

(b) Which fail to protect environmental and social interests from exploitation by large-scale, corporate agriculture; and

(c) Which are necessary to ensure the sustainability of local and regional food systems.

2.  When the council determines that it is necessary to challenge original actions at the federal or state level, the Breimyer center shall adhere to the following procedure:

(1) Attempt to resolve the action or dispute through informal negotiations;

(2) Utilize informal or formal dispute resolution procedures; and

(3) Exhaust administrative remedies including testifying before the joint committee on administrative rules.

The council shall have discretion to review or challenge or refrain from reviewing or challenging the sustainable or family farm interests in any proceeding. The council shall consider, in exercising its discretion, the importance and the extent of the sustainable or family farm interests involved and whether that interest would be adequately represented without the action of its office.

262.756.  There shall be an executive director of the Breimyer center, within the limits of the appropriations and other funding sources, to carry out the mission and purpose of the Breimyer center.  At least one of the staff shall be an attorney licensed to practice in Missouri and other jurisdictions deemed necessary by the council.  The executive director and staff will be employed solely for the purpose of providing advocacy for the economic, social and natural resource sustainability of Missouri's family farmers and for other legitimate purposes deemed necessary by the council in order to provide the assistance set forth in section 262.753. The Breimyer center may be housed primarily at the University of Missouri-Columbia.

262.759.  1.  The "Breimyer Center for Sustainable Food and Farming Systems Council" is created and shall consist of the director of the department of agriculture or his or her designee, the director of the department of economic development or his or her designee, the director of the department of natural resources or his or her designee, the dean of the University of Missouri-Columbia school of law or his or her designee, the dean of the University of Missouri-Columbia college of agriculture, food and natural resources or his or her designee, the chairperson of the University of Missouri-Columbia department of rural sociology or his or her designee, and six persons actively engaged in sustainable family farm agriculture that represent family farm, organic or sustainable agriculture organizations that openly advocate and support sustainable family farm agriculture which shall be appointed by the governor with the advice and consent of the senate.

2. The initial terms of appointment for the members of the council appointed by the governor shall be as follows: two members shall be appointed for a term of one year, two members shall be appointed to terms of two years and two members shall be appointed for terms of two years. After the expiration of the initial members' terms, all appointments shall be for a term of six years, except that any member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder of such term. Not more than one-half of the council members appointed by the governor shall be from the same political party.

3. The executive council consist of the president, vice-president, secretary, immediate past president and the director of the department of agriculture or his or her designee.

262.762.  1. The council shall establish its own procedures and requirements with respect to quorum, place and conduct of its meetings and other matters.  The council shall meet at least four times each year and shall hold meetings when called by the president, or, in the absence of the president, by the vice- president, or upon the request of the director of the department of agriculture, or upon the written request of five members of the council, or upon the written request of three members of the executive council. The executive council may meet at times agreed upon by a majority of the executive council for the performance of duties approved by the council. The executive council shall inform the council about sustainable food and farming innovations, methods, procedures and information; local, state, and federal statutes, laws, rules, regulations, ordinances, case law, executive orders and all other sources of law which are relevant to sustainable food and farming; and all other information the executive council perceives as pertinent to sustainable food and farming. The executive council shall act to develop, present and implement through the staff of the Breimyer center the duties and responsibilities listed in section 262.753.  The members of the council shall serve without compensation but shall be entitled to their actual expenses incurred in attending meetings and in the performance of their duties.

2. The council shall elect the officers by majority vote of the council and appoint the executive director of the Breimyer center, fix the conditions of his or her employment and tenure in office, in accordance with the laws of the state of Missouri, and shall be responsible for the efficient discharge of his or her duties.  The executive director, with the advice and consent of the council, shall employ the persons needed to carry out the duties of the office and shall fix their compensation within the total sum of money available from appropriations, and from all other available sources, including but not limited to, federal, state, local and private grants, gifts, contributions and fees.

262.765. 1. There is hereby established in the state treasury the "Breimyer Center for Sustainable Food and Farming Institute Fund".

2. Any moneys received from sources other than appropriation by the general assembly, including from private sources, gifts, donations and grants, shall be credited to the Breimyer center sustainable food and farming institute fund and shall be appropriated by the general assembly.

3. The provisions of section 33.080, RSMo, to the contrary notwithstanding, moneys in the Breimyer center for sustainable food and farming institute fund shall not be transferred and placed to the credit of the general revenue fund."; and

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

Representative Shoemyer moved that House Amendment No. 16 be adopted.

Which motion was defeated.

Representative Ridgeway offered House Amendment No. 17.

House Amendment No. 17

AMEND House Committee Substitute for Senate Bill No. 462, Page 7, Section 262.802, Line 84-88, by deleting all of said lines; and

Further amend said bill, Page 8, Lines 89-90, by deleting all of said lines and inserting in lieu thereof the following:

"14. If a political subdivision files any action challenging the constitutionality or to have all or any portion declared null and void or for declaratory judgement of sections 262.800 to 262.810, the state shall be added as a party to any such action and the attorney general of Missouri shall defend such action. Any owner of property that is subject to the provisions of the farmland protection act shall have the right to be apprised of the status of such action. If the property owner requests separate representation in writing, the attorney general may appoint a special assistant attorney general if the property owner asserts an argument in conflict with the arguments asserted by the attorney general. Such special assistant attorney general may continue to represent the property owner for purposes of all appeals. If the political subdivision fails to prevail, whether in whole or in part, in its action, the entire cost of providing representation to the landowner, including reasonable attorney fees and costs, shall be fully reimbursed to the State of Missouri by the political subdivision.".

On motion of Representative Ridgeway, House Amendment No. 17 was adopted.

Representative Fraser offered House Amendment No. 18.

House Amendment No. 18

AMEND House Committee Substitute for Senate Bill No. 462, Page 27, Section 414.433, Line 27, by inserting after all of said line the following:

"570.033. Any person who, without lawful authority, willfully takes another's animal with the intent to deprive [him] the other of [his] such property is guilty of a class [D] C felony." ; and

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

Representative Purgason raised a point of order that House Amendment No. 18 is not germane to the bill.

Representative Smith requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order not well taken.

On motion of Representative Fraser, House Amendment No. 18 was adopted.

Representative Hanaway offered House Amendment No. 19.

House Amendment No. 19

AMEND House Committee Substitute for Senate Bill No. 462, Page 27, Section 414.433, Line 27, by inserting after all of said line the following:

"566.111. 1. For purposes of this section, the following terms mean:

(1) "Animal", every creature, either alive or dead, other than a human being;

(2) "Sexual conduct with an animal", any touching of an animal with the genitals or any touching of the genitals or anus of an animal for the purpose of arousing or gratifying sexual desire.

2. No person shall engage in any sexual conduct with an animal, or cause, aid or abet another person to engage in any sexual conduct with an animal. No person shall permit any sexual conduct with an animal on any premises under such person's charge or control. No person shall engage in, promote, aid or abet any activity involving any sexual conduct with an animal for commercial or recreational purposes.

3. Any person who violates this section shall be guilty of a class D felony. Any person who violates this section in the presence of a minor or causes any animal serious physical injury or death while violating or attempting to violate this section shall be guilty of a class C felony.

4. In addition to the penalty imposed, the court may:

(1) Prohibit the defendant permanently or for a reasonable time from harboring animals or residing in any household where animals are present;

(2) Order the defendant to relinquish and permanently forfeit all animals residing in the defendant's household to a recognized or duly incorporated animal shelter or humane society, and order the defendant to reimburse such shelter or humane society for all reasonable costs incurred for the care and maintenance of the animals involved in the violation of this section; and

(3) Order psychological evaluation and counseling of the defendant, at the defendant's expense.

5. Nothing in this section shall be construed to prohibit generally accepted animal husbandry practices or generally accepted veterinary medical practices performed by a licensed veterinarian or veterinary technician.

6. Any person acting under authority of this section may seize any and all animals involved in the alleged violation. The defendant charged with violating this section shall be provided a disposition hearing pursuant to section 578.018, RSMo."; and

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

On motion of Representative Hanaway, House Amendment No. 19 was adopted.

Representative Crump moved the previous question on the adoption of HCS SB 462, as amended.

Which motion was adopted by the following vote:

Speaker Pro Tem Abel assumed the Chair.

On motion of Representative Legan, HCS SB 462, as amended, was adopted.

On motion of Representative Legan, HCS SB 462, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

HOUSE BILL WITH SENATE AMENDMENTS

SCS HB 459, relating to insurance liquidation, was taken up by Representative Liese.

On motion of Representative Liese, SCS HB 459 was adopted by the following vote:

On motion of Representative Liese, SCS HB 459 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

THIRD READING OF SENATE BILLS - CONSENT

HCS SB 130, relating to liquor control, was taken up by Representative Barry.

On motion of Representative Barry, HCS SB 130 was adopted.

On motion of Representative Barry, HCS SB 130 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SCS SB 514, relating to the labeling of drugs and devices, was taken up by Representative Hosmer.

On motion of Representative Hosmer, SCS SB 514 was truly agreed to and finally passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

SB 353, with House Committee Amendment No. 1, relating to a calculated levy for school districts, was taken up by Representative Shields.

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

On motion of Representative Shields, SB 353, as amended, was read the third time and passed by the following vote:

AYES: 153
Abel	Baker	Barnett	Barnitz	Barry 100
Bartelsmeyer	Bartle	Bearden	Behnen	Berkowitz
Berkstresser	Black	Bland	Boatright	Bonner
Boucher	Bowman	Boykins	Bray 84	Britt
Brooks	Burcham	Byrd	Campbell	Carnahan
Champion	Clayton	Coleman	Cooper	Copenhaver
Crawford	Crowell	Crump	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	Hartzler	Haywood	Hegeman
Henderson	Hendrickson	Hickey	Hilgemann	Hohulin
Holand	Hollingsworth	Holt	Hoppe	Hosmer
Hunter	Jetton	Johnson 61	Johnson 90	Jolly
Kelley 47	Kelly 144	Kelly 27	Kelly 36	Kennedy
Koller	Lawson	Legan	Levin	Liese
Linton	Lograsso	Long	Lowe	Luetkemeyer
Luetkenhaus	Marble	Marsh	May 149	Mayer
Mays 50	McKenna	Merideth	Miller	Monaco
Moore	Murphy	Myers	Naeger	Nordwald
O'Connor	O'Toole	Ostmann	Overschmidt	Phillips
Portwood	Purgason	Ransdall	Rector	Reid
Reinhart	Relford	Reynolds	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	Williams	Willoughby	Wilson 25
Wilson 42	Wright	Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Ballard	Burton	Cierpiot	Cunningham	Harlan
King	Wiggins
VACANCIES: 003