Journal of the House



First Regular Session, 91st General Assembly


SIXTY-EIGHTH DAY, Monday, May 7, 2001



Speaker Kreider in the Chair.



Prayer by Representative Philip Willoughby.



Almighty God,



We are mindful this day of Your presence in our lives. We acknowledge Your supremacy over all we do. Bless our deliberations this week, we pray, through Christ, our Lord. 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: Dalton Wessley and Samual Locker.



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



RESOLUTION



Representative Riback Wilson (25) offered House Resolution No. 1894.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 1895 - Representative Moore

House Resolution No. 1896

and

House Resolution No. 1897 - Representative Relford

House Resolution No. 1898

and

House Resolution No. 1899 - Representative Luetkemeyer

House Resolution No. 1900 - Representative Dolan

House Resolution No. 1901 - Representative Levin

House Resolution No. 1902 - Representative Lawson

House Resolution No. 1903

through

House Resolution No. 1905 - Representative St. Onge

House Resolution No. 1906 - Representative Kelly (27)

House Resolution No. 1907 - Representative Portwood

House Resolution No. 1908 - Representative Froelker

House Resolution No. 1909 - Representative Behnen

House Resolution No. 1910 - Representative Haywood

House Resolution No. 1911 - Representative Fraser

House Resolution No. 1912 - Representative Clayton



SECOND READING OF SENATE BILL



SS SCS SBs 476, 427 & 62 was read the second time.



COMMITTEE REPORTS



Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HS HB 715 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred SCS SB 236 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



HOUSE RESOLUTION



HR 229, relating to the use of the chamber, was taken up by Representative Crawford.



On motion of Representative Crawford, HR 229 was adopted.



MOTION



Representative Green (73) moved that Rule 26 be suspended to allow the Committee on Budget to meet in the rear of the Senate Chamber on May 7, 2001, while the House is in session.



Which motion was adopted by the following vote:



AYES: 142
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Boykins Bray 84
Britt Brooks Burcham Burton Byrd
Campbell Carnahan Champion Cierpiot Clayton
Coleman Copenhaver Crawford Crump Curls
Davis Enz Fares Farnen Foley
Ford Franklin Fraser Froelker Gambaro
Gaskill George Graham Gratz Green 15
Green 73 Griesheimer Hagan-Harrell Hampton Harding
Harlan Hartzler Haywood Hegeman Henderson
Hickey Hilgemann Holand Hollingsworth Holt
Hoppe Hosmer Johnson 90 Jolly Kelley 47
Kelly 144 Kelly 27 Kelly 36 Kennedy King
Koller Lawson Legan Levin Liese
Linton 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 Portwood Purgason
Ransdall Rector Reinhart Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Scheve Schwab Scott Secrest Seigfreid
Selby Shelton Shields Shoemyer Skaggs
Smith St. Onge Surface Thompson Townley
Treadway Troupe Villa Vogel Wagner
Walton Ward Williams Willoughby Wilson 25
Wilson 42 Mr. Speaker
NOES: 013
Cooper Crowell Cunningham Dempsey Dolan
Hanaway Hendrickson Hohulin Hunter Jetton
Phillips Roark Wright
PRESENT: 000
ABSENT WITH LEAVE: 005
Johnson 61 Lograsso Reid Van Zandt Wiggins
VACANCIES: 003


HOUSE BILLS WITH SENATE AMENDMENTS



SCS HB 742, relating to conveyance in Platte County, was taken up by Representative Harding.



On motion of Representative Harding, SCS HB 742 was adopted by the following vote:



AYES: 155
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Boykins Bray 84
Britt Brooks Burcham Burton Byrd
Campbell Carnahan Champion Cierpiot Clayton
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
Henderson Hendrickson Hickey Hilgemann Hohulin
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton Johnson 90 Jolly Kelley 47
Kelly 144 Kelly 27 Kennedy King 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 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 Villa
Vogel Wagner Walton Ward Williams
Willoughby Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 005
Johnson 61 Kelly 36 Reid Van Zandt Wiggins
VACANCIES: 003


On motion of Representative Harding, SCS HB 742 was truly agreed to and finally passed by the following vote:



AYES: 154
Abel Baker Ballard Barnett Barry 100
Bartelsmeyer Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Byrd Campbell
Carnahan Champion Cierpiot Clayton Coleman
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 Henderson Hendrickson
Hickey Hilgemann Hohulin Holand Hollingsworth
Holt Hoppe Hosmer Hunter Jetton
Johnson 90 Jolly Kelley 47 Kelly 144 Kelly 27
Kelly 36 Kennedy King Koller Lawson
Legan Levin Liese Linton 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 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: 001
Barnitz
PRESENT: 000
ABSENT WITH LEAVE: 005
Cooper Johnson 61 Lograsso Reid Wiggins
VACANCIES: 003


Speaker Kreider declared the bill passed.



HB 502, with Senate Amendment No. 1, relating to conveyance in St. Francois County, was taken up by Representative Ward.



On motion of Representative Ward, the House concurred in Senate Amendment No. 1 by the following vote:



AYES: 155
Abel Ballard Barnett Barnitz Barry 100
Bartelsmeyer Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Byrd Campbell
Carnahan Champion Cierpiot Clayton 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 Henderson
Hendrickson Hickey Hilgemann Hohulin Holand
Hollingsworth Holt Hoppe Hosmer Hunter
Jetton Johnson 90 Jolly Kelley 47 Kelly 144
Kelly 27 Kelly 36 Kennedy King Koller
Lawson Legan Levin Liese Linton
Lograsso Long 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 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: 005
Baker Johnson 61 Lowe Reid Wiggins
VACANCIES: 003


On motion of Representative Ward, HB 502, as amended, was truly agreed to and finally passed by the following vote:



AYES: 152
Abel Ballard Barnett Barnitz Barry 100
Bartelsmeyer Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Boykins Bray 84 Britt
Brooks Burcham Burton Campbell Carnahan
Champion Cierpiot Clayton Coleman Cooper
Copenhaver Crawford Crowell Crump Cunningham
Curls Davis Dempsey Dolan 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 Henderson Hendrickson Hickey
Hilgemann Hohulin Holand Hollingsworth Holt
Hoppe Hosmer Hunter Jetton Johnson 90
Jolly Kelley 47 Kelly 144 Kelly 27 Kelly 36
Kennedy King Koller Lawson Legan
Levin Liese Linton Lograsso Long
Lowe Luetkemeyer Luetkenhaus Marble Marsh
May 149 Mayer Mays 50 McKenna Merideth
Miller Moore Murphy Myers Naeger
Nordwald O'Connor O'Toole Ostmann Overschmidt
Phillips Portwood Purgason Ransdall Rector
Reinhart Relford Reynolds Richardson Ridgeway
Rizzo Roark 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: 008
Baker Byrd Enz Johnson 61 Monaco
Reid Robirds Wiggins
VACANCIES: 003


Speaker Kreider declared the bill passed.



Speaker Pro Tem Abel assumed the Chair.



SCS HCS HBs 302 & 38, as amended, relating to blood alcohol content violations, was taken up by Representative Hosmer.



Representative Hosmer moved that the House refuse to adopt SCS HCS HBs 302 & 38, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.



Which motion was adopted.



HCS HB 207, with Senate Committee Amendment No. 1, Senate Amendment No. 1 and Senate Amendment No. 2, relating to veterans' programs, was taken up by Representative Ross.



On motion of Representative Ross, the House concurred in Senate Committee Amendment No. 1, Senate Amendment No. 1 and Senate Amendment No. 2 by the following vote:



AYES: 153
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Boykins Bray 84
Britt Brooks Burcham Burton Campbell
Carnahan Champion Cierpiot Clayton Coleman
Cooper Copenhaver Crawford Crowell Cunningham
Curls Davis Dempsey Dolan Enz
Fares Farnen Foley Ford Fraser
Froelker Gambaro Gaskill George Graham
Gratz Green 15 Griesheimer Hagan-Harrell Hampton
Hanaway Harding Harlan Hartzler Haywood
Hegeman Henderson Hendrickson Hickey Hilgemann
Hohulin Holand Hollingsworth Holt Hoppe
Hosmer Hunter Jetton Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Levin
Liese 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
Byrd Crump Franklin Green 73 Johnson 61
Linton Wiggins
VACANCIES: 003


On motion of Representative Ross, HCS HB 207, as amended, was truly agreed to and finally passed by the following vote:



AYES: 153
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Boykins Bray 84
Brooks Burcham Burton Byrd Campbell
Carnahan Champion Cierpiot Clayton Coleman
Cooper Copenhaver Crawford Crowell Cunningham
Curls Davis Dempsey Dolan Enz
Fares Farnen Foley Ford Fraser
Froelker Gambaro Gaskill George Graham
Gratz Green 15 Green 73 Griesheimer Hagan-Harrell
Hampton Hanaway Harding Harlan Hartzler
Haywood Hegeman Henderson Hendrickson Hickey
Hilgemann Hohulin Holand Hollingsworth Holt
Hoppe Hosmer Hunter Jetton Johnson 90
Jolly Kelley 47 Kelly 144 Kelly 27 Kelly 36
Kennedy King Koller Lawson Legan
Levin Liese Linton Long Lowe
Luetkemeyer Luetkenhaus Marble Marsh May 149
Mayer Mays 50 McKenna Merideth Miller
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
Britt Crump Franklin Johnson 61 Lograsso
Monaco Wiggins
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 152
Abel Baker Ballard Barnett Barnitz
Barry 100 Bartelsmeyer Bartle Bearden Behnen
Berkowitz Berkstresser Black Bland Boatright
Bonner Boucher Bowman Boykins Bray 84
Britt Brooks Burcham Burton Byrd
Campbell Carnahan Champion Cierpiot Clayton
Coleman Cooper Crawford Crowell Cunningham
Curls Davis Dempsey Dolan Enz
Farnen Foley Ford Fraser Froelker
Gambaro Gaskill George Graham Gratz
Green 15 Green 73 Griesheimer Hagan-Harrell Hampton
Hanaway Harding Harlan Hartzler Haywood
Hegeman Henderson Hendrickson Hickey Hilgemann
Hohulin Holand Hollingsworth Holt Hoppe
Hosmer Hunter Jetton Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Levin
Liese Linton 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 Villa Vogel Wagner Walton
Ward Williams Willoughby Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 008
Copenhaver Crump Fares Franklin Johnson 61
Lograsso Van Zandt Wiggins
VACANCIES: 003


Representative Clayton assumed the Chair.



THIRD READING OF SENATE BILLS



HCS SB 371, relating to public retirement systems, was taken up by Representative O'Toole.



Representative O'Toole offered HS HCS SB 371.



Representative Abel offered House Amendment No. 1.



House Amendment No. 1



AMEND House Substitute for House Committee Substitute for Senate Bill No. 371, Page 56, Section 104.1003, Lines 9-12, by deleting all of said lines and inserting in lieu thereof the following:



"(d) For purposes of members of the general assembly, pay shall be the annual salary provided to each senator and representative pursuant to Article XIII, Section 3 of the Missouri Constitution;"; and



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



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



Which motion was defeated by the following vote:



AYES: 021
Abel Bland Boucher Coleman Farnen
Ford Hagan-Harrell Harlan Hartzler Haywood
Hickey Koller O'Connor Overschmidt Shelton
Skaggs Thompson Troupe Villa Walton
Wilson 42
NOES: 131
Barnett Barnitz Barry 100 Bartelsmeyer Bartle
Bearden Behnen Berkowitz Berkstresser Black
Boatright Bonner Bowman Boykins Bray 84
Britt Brooks Burcham Burton Byrd
Campbell Carnahan Champion Cierpiot Clayton
Cooper Copenhaver Crawford Crowell Crump
Cunningham Curls Davis Dempsey Dolan
Enz Fares Foley Fraser Froelker
Gambaro Gaskill George Graham Gratz
Green 15 Griesheimer Hampton Hanaway Harding
Hegeman Henderson Hendrickson Hilgemann Hohulin
Holand Hollingsworth Holt Hoppe Hosmer
Hunter Jetton Johnson 90 Jolly Kelley 47
Kelly 144 Kelly 27 Kelly 36 Kennedy King
Lawson Legan Levin Liese Linton
Long Lowe Luetkemeyer Luetkenhaus Marble
Marsh May 149 Mayer Mays 50 McKenna
Merideth Miller Moore Murphy Myers
Naeger Nordwald O'Toole Ostmann Phillips
Portwood Purgason Ransdall Rector Reid
Reinhart Relford Reynolds Richardson Ridgeway
Rizzo Roark Robirds Ross Scheve
Schwab Scott Secrest Seigfreid Selby
Shields Shoemyer Smith St. Onge Surface
Townley Treadway Van Zandt Vogel Wagner
Ward Williams Willoughby Wilson 25 Wright
Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 008
Baker Ballard Franklin Green 73 Johnson 61
Lograsso Monaco Wiggins
VACANCIES: 003


Speaker Pro Tem Abel resumed the Chair.



Representative Skaggs offered House Amendment No. 2.



House Amendment No. 2



AMEND House Substitute for House Committee Substitute for Senate Bill No. 371, Page 13, Section 104.170, Line 20 of said page, by inserting after all of said line the following:



"104.175. The state highways and transportation commission is authorized, when requested by the highways and transportation employees' and highway patrol retirement system, to provide liability insurance covering the operation of all vehicles owned or leased or used by the system. The commission is also authorized, when requested by the system, to provide workers' compensation coverage for the executive director and employees of the system. In the event the commission provides such insurance coverage, the system shall reimburse the commission for all costs of such coverage."; and



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



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



Representative Skaggs offered House Amendment No. 3.



House Amendment No. 3



AMEND House Substitute for House Committee Substitute for Senate Bill No. 371, Page 87, Section 476.524, Line 8 of said page, by inserting after said line the following:



"Section 1. Notwithstanding any other provision of law to the contrary, any member previously employed by a state agency or department in a position, or a contractual employee in a position funded by a federal grant, and who became employed in a covered position within one year of termination of such grant, shall receive credited service for the federal grant employment period under the same terms and conditions as provided in section 104.1021, RSMo."; and



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



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



Which motion was defeated by the following vote:



AYES: 023
Abel Bland Bonner Boucher Bowman
Coleman Curls Davis Ford Fraser
George Hagan-Harrell Haywood Hilgemann Koller
O'Connor Overschmidt Shelton Skaggs Thompson
Villa Walton Wilson 42
NOES: 123
Baker Ballard Barnett Barnitz Barry 100
Bartelsmeyer Bartle Bearden Behnen Berkowitz
Berkstresser Black Boatright Boykins Bray 84
Britt Burton Byrd Campbell Champion
Cierpiot Clayton Cooper Copenhaver Crawford
Crowell Crump Cunningham Dempsey Dolan
Enz Fares Farnen Foley Froelker
Gambaro Graham Gratz Green 15 Griesheimer
Hampton Hanaway Harding Harlan Hartzler
Hegeman Henderson Hendrickson Hickey Holand
Hollingsworth Holt Hoppe Hosmer Hunter
Jetton Johnson 90 Jolly Kelley 47 Kelly 144
Kelly 27 Kennedy King Lawson Legan
Levin Liese Linton Lograsso Long
Luetkemeyer Luetkenhaus Marble Marsh May 149
Mayer Mays 50 McKenna Merideth Miller
Monaco Moore Murphy Myers Naeger
Nordwald O'Toole Ostmann Phillips Portwood
Purgason Ransdall Rector Reid Reinhart
Relford Reynolds Richardson Ridgeway Rizzo
Roark Robirds Ross Scheve Schwab
Scott Secrest Seigfreid Selby Shoemyer
Smith St. Onge Surface Townley Troupe
Vogel Wagner Ward Williams Willoughby
Wilson 25 Wright Mr. Speaker
PRESENT: 001
Brooks
ABSENT WITH LEAVE: 013
Burcham Carnahan Franklin Gaskill Green 73
Hohulin Johnson 61 Kelly 36 Lowe Shields
Treadway Van Zandt Wiggins
VACANCIES: 003


Representative Griesheimer offered House Amendment No. 4.















House Amendment No. 4



AMEND House Substitute for House Committee Substitute for Senate Bill No. 371, Page 27, Section 104.374, Line 22 of said page, by inserting after all of said line the following:



"4. In addition to the amount determined pursuant to subsection 1 of this section, the normal annuity of a uniformed conservation agent shall be increased by thirty-three and one-third of the benefit."; and



Further amend said bill, Page 49, Section 104.602, Line 20 of said page by inserting after all of said line the following:



"104.610. 1. Any person, who is receiving or hereafter may receive state retirement benefits from the Missouri state employees' retirement system other than a person with twelve or more years of service in statewide state elective office receiving benefits pursuant to the provisions of section 104.371, a legislators' retirement system, or the highways and transportation employees' and highway patrol retirement system, upon application to the board of trustees of the system from which he or she is receiving retirement benefits, shall be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging, and other state matters, for the remainder of the person's life, and upon request of the board, or other state agencies where such person was employed prior to retirement, give opinions, and be available to give opinions in writing, or orally, in response to such requests, as may be required, and for such services shall be compensated monthly, in an amount, which, when added to any monthly state retirement benefits received on his or her retirement, shall be equal to the state retirement benefits the person would be receiving currently if the person had benefited from changes in the law effecting increases in the rate in the formula for calculating benefits in his or her respective retirement system, for his or her type of employment or for those persons having accrued thirty-five or more years of creditable service, changes in the law pertaining to the age and service requirements for a normal annuity in his or her respective retirement system, made subsequent to the date of his or her retirement; except that in calculating such benefits the meaning of "average compensation" shall be that ascribed to it by the law in effect on the date on which the benefits pursuant to this section are calculated.

2. In lieu of any other benefits pursuant to the provisions of this section, any member of the Missouri state employees' retirement system who has or may hereafter retire pursuant to the provisions of section 104.371, pertaining to those members who have held statewide state elective office for at least twelve years, may apply pursuant to this section to be employed as a special consultant and for such services shall be compensated monthly, in an amount, which, when added to any monthly state retirement benefits received initially on his or her retirement, shall be equal to the state retirement benefits the person would be receiving if the person had benefited from changes in the law affecting increases in compensation for statewide state elective offices, pursuant to house substitute for senate bill no. 528, second regular session of the eighty-second general assembly, any other provisions of the law to the contrary notwithstanding.

3. This compensation shall be consolidated with any other retirement benefits payable to the person, and shall be funded as provided in section 104.436.

4. This compensation shall be treated as any other state retirement benefits payable by the Missouri state employees' retirement system or the highways and transportation employees' and highway patrol retirement system are treated and shall not be subject to execution, garnishment, attachment, writ of sequestration, or any other process or claim whatsoever, and shall be unassignable, anything to the contrary notwithstanding.

5. The employment provided for by this section shall in no way affect any person's eligibility for retirement benefits pursuant to this chapter, or in any way have the effect of reducing retirement benefits, anything to the contrary notwithstanding.

6. In order to determine the total monthly state retirement compensation due each retiree who is eligible for the additional amount provided for in subsection 1 of this section, the following formula shall be used:

(1) The retiree's base monthly retirement compensation shall be determined by dividing the sum of the retiree's annual normal annuity as of the effective date of any increase in the rate in the formula for calculating benefits in his or her respective retirement system plus any annual increases granted such retiree as a result of his or her being a consultant, by twelve;

(2) The amount determined pursuant to subdivision (1) of this subsection shall be increased by an amount equal to the base monthly retirement compensation calculated pursuant to subdivision (1) of this subsection multiplied by the percentage increase in the rate in the formula;

(3) The sum obtained from completing the calculations contained in subdivisions (1) and (2) of this subsection shall be the retiree's new total monthly state retirement compensation. Any retiree who is eligible for the benefit provided in subsection 1 of this section whose benefit pursuant to subsection 1 of this section was not calculated in accordance with the procedure provided in this subsection shall have his or her total monthly retirement compensation for all months beginning on or after September 28, 1985, recalculated in accordance with this subsection.

7. The provisions of this section are severable. If any provision of this section is found by a court of competent jurisdiction to be unconstitutional or otherwise invalid, the remaining provisions of this section are valid unless the court finds that such valid provisions, standing alone, are incomplete and incapable of being executed in accordance with the legislative intent.

8. Any person who terminates employment or retires prior to July 1, 2000, shall be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging, and other state matters, for the remainder of the person's life, and upon request of the board, or other state agencies where such person was employed prior to retirement, give opinions, and be available to give opinions in writing, or orally, in response to such requests, as may be required, and for such services shall be eligible to elect to receive a retirement annuity pursuant to the year 2000 plan as provided in this chapter.

9. Effective August 28, 2000, any person otherwise eligible for survivor benefits due to the death of a member prior to retirement, who was married less than two years to the member at the time of the member's death, shall, upon application to the board, be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters. As a special consultant pursuant to the provisions of this subsection, the person shall begin to receive a survivor benefit in a monthly amount equal to what the system would have paid the person had the person been eligible for such survivor benefit upon the death of the member. Such benefit shall commence the first of the month following receipt by the system of an application from such person, but not earlier than September 1, 2000. In no event shall any retroactive benefits be paid.

10. Any person who is receiving or hereafter may receive retirement benefits pursuant to section 104.374, and would qualify for a benefit pursuant to subsection 4 of section 104.374 if such person were an active employee or beneficiary of an active employee, shall, upon application to the board of trustees of the system from which he or she is receiving retirement benefits, be made, constituted, appointed and employed by the board as a special consultant on the problems of retirement, aging and other state matters, for the remainder of the person's life, and upon request of the board, or other state agencies where such person was employed prior to retirement, give opinions in writing, or orally, in response to such requests, as may be required, and for such services shall be compensated monthly, in an amount which, when added to any monthly state retirement benefits received on his or her retirement, shall be equal to the retirement benefits the person would be receiving currently if the person had benefited from changes in the law effecting increases pursuant to subsection 4 of section 104.374."; and



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



Representative Griesheimer moved that House Amendment No. 4 be adopted.



Which motion was defeated by the following vote:



AYES: 034
Abel Ballard Barnitz Bartelsmeyer Berkowitz
Berkstresser Boucher Britt Burton Crump
Farnen Froelker Griesheimer Hagan-Harrell Hampton
Hartzler Henderson King Koller McKenna
Overschmidt Purgason Reid Relford Robirds
Seigfreid Selby Shelton Shoemyer Surface
Thompson Townley Villa Ward










NOES: 113
Barnett Barry 100 Bartle Bearden Behnen
Black Bland Boatright Bonner Bowman
Boykins Bray 84 Brooks Burcham Byrd
Campbell Carnahan Champion Cierpiot Coleman
Cooper Copenhaver Crawford Crowell Cunningham
Curls Davis Dempsey Dolan Enz
Fares Franklin Fraser Gambaro Gaskill
George Graham Gratz Green 15 Hanaway
Harding Harlan Haywood Hegeman Hendrickson
Hickey Hilgemann Hohulin Hollingsworth Holt
Hoppe Hosmer Hunter Jetton Johnson 90
Jolly Kelley 47 Kelly 144 Kelly 27 Kelly 36
Kennedy Lawson Legan Levin Liese
Linton Lograsso Lowe Luetkemeyer Luetkenhaus
Marble Marsh May 149 Mayer Mays 50
Merideth Miller Moore Murphy Myers
Naeger Nordwald O'Connor O'Toole Ostmann
Phillips Portwood Ransdall Rector Reinhart
Reynolds Richardson Ridgeway Rizzo Roark
Ross Scheve Schwab Scott Secrest
Skaggs Smith St. Onge Treadway Troupe
Van Zandt Vogel Walton Williams Willoughby
Wilson 25 Wright Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 013
Baker Clayton Foley Ford Green 73
Holand Johnson 61 Long Monaco Shields
Wagner Wiggins Wilson 42
VACANCIES: 003


Representative Richardson offered House Amendment No. 5.



House Amendment No. 5



AMEND House Substitute for House Committee Substitute for Senate Bill No. 371, Page 87, Section 476.524, Line 8 of said page, by inserting after said line the following:



"Section 1. 1. Any person who has been appointed or employed as a legal advisor pursuant to section 286.010, RSMo, prior to August 28, 2001, who is receiving or thereafter is qualified to receive retirement benefits pursuant to section 104.374, RSMo, shall upon application be made, constituted, appointed and employed by the board of trustees of the Missouri state employees' retirement system as a special consultant on the problems of retirement, aging and other state matters for the remainder of the person's life. Upon request of the board or the administrative hearing commission, the consultant shall give opinions or be available to give opinions in writing or orally in response to such requests. As compensation for such services and in lieu of receiving benefits pursuant to section 104.374, RSMo, each such special consultant shall be eligible for all benefits payable pursuant to sections 287.812 to 287.856, RSMo, effective upon the later of August 28, 1999, or the date retirement benefits become payable. In no event shall retroactive benefits be paid.

2. The term "legal advisor" as defined in subdivision (6) of section 287.812, RSMo, shall be deemed to include any attorney or legal counsel appointed or employed pursuant to section 286.010, RSMo."; and



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



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



Representative Hollingsworth moved that HS HCS SB 371, as amended, be referred to the Committee on Fiscal Review and Government Reform prior to the vote to Third Read and Finally Pass HS HCS SB 371, as amended.



Which motion was adopted.



Representative Marble offered House Amendment No. 6.



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



The Chair ruled the point of order well taken.



Representative Reid offered House Amendment No. 6.



House Amendment No. 6



AMEND House Substitute for House Committee Substitute for Senate Bill No. 371, Page 87, Section 476.524, Line 8, by inserting after all of said line the following:



"Section 1. For the purposes of public retirement systems administered pursuant to chapter 104, RSMo, any reference to the term "spouse" only recognizes marriage between a man and a woman."; and



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



On motion of Representative Reid, House Amendment No. 6 was adopted by the following vote:



AYES: 128
Abel Ballard Barnett Barnitz Barry 100
Bartelsmeyer Bartle Bearden Behnen Berkowitz
Berkstresser Black Bland Boatright Bonner
Boucher Bowman Britt Burcham Burton
Byrd Champion Cierpiot Clayton Coleman
Cooper Copenhaver Crawford Crowell Crump
Cunningham Curls Davis Dempsey Dolan
Enz Fares Franklin Froelker Gambaro
Gaskill George Gratz Green 15 Griesheimer
Hagan-Harrell Hampton Hanaway Hartzler Haywood
Hegeman Henderson Hendrickson Hohulin Holand
Hollingsworth Holt Hoppe Hosmer Hunter
Jetton Johnson 90 Jolly Kelley 47 Kelly 144
Kelly 36 Kennedy King Koller Lawson
Legan Levin Liese Linton Lograsso
Luetkemeyer Luetkenhaus Marble Marsh May 149
Mayer Merideth Miller Moore Murphy
Myers Naeger Nordwald O'Connor O'Toole
Ostmann Overschmidt Phillips Portwood Purgason
Ransdall Rector Reid Reinhart Reynolds
Richardson Rizzo Roark Robirds Ross
Scheve Schwab Scott Secrest Seigfreid
Selby Shelton Shoemyer Skaggs Smith
St. Onge Surface Thompson Townley Troupe
Villa Vogel Walton Ward Willoughby
Wilson 25 Wright Mr. Speaker
NOES: 017
Boykins Bray 84 Campbell Carnahan Farnen
Fraser Graham Harding Hickey Hilgemann
Kelly 27 Lowe Mays 50 McKenna Relford
Van Zandt Williams
PRESENT: 001
Brooks
ABSENT WITH LEAVE: 014
Baker Foley Ford Green 73 Harlan
Johnson 61 Long Monaco Ridgeway Shields
Treadway Wagner Wiggins Wilson 42
VACANCIES: 003


On motion of Representative O'Toole, HS HCS SB 371, as amended, was adopted.



REFERRAL OF SENATE BILL



HS HCS SB 371, as amended, was referred to the Committee on Fiscal Review and Government Reform.



THIRD READING OF SENATE BILLS



HCS SB 86, relating to building codes in certain counties, was taken up by Representative Scott.



Representative George offered House Amendment No. 1.



House Amendment No. 1



AMEND House Committee Substitute for Senate Bill No. 86, Page 1, Section 64.170, Line 6, by inserting immediately after the word "installation" the following: "plumbing or drain laying"; and



Further amend said bill, Page 2, Section 64.180, Line 10, by inserting immediately after the word "agencies" the following: "consistent with section 64.196"; and



Further amend said bill, Page 2, Section 64.180, Line 19, by inserting immediately after all of said line the following:



"64.196. After August 28, 2001, any county seeking to adopt a building code in a manner set forth in section 64.180 shall, in creating or amending such code, adopt a current, calendar year 1999 or later edition, nationally recognized building code, as amended."; and



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



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



Representative Myers offered House Amendment No. 2.



House Amendment No. 2



AMEND House Committee Substitute for Senate Bill No. 86, Page 8, Line 12, by inserting after all of said line the following:



"Section 1. The state of Missouri hereby waives all rights to its possibility of reverter in the real property particularly described in the quitclaim deed in Book 279 at Pages 76-77 of the office of the recorder of deeds of Scott County."; and



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



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



Representative Ridgeway offered House Amendment No. 3.



House Amendment No. 3 was withdrawn.



Representative Merideth offered House Amendment No. 3.



House Amendment No. 3



AMEND House Committee Substitute for Senate Bill No. 86, Page 2, Section 64.180, Line 19, by inserting after said line the following:



"64.185. In addition to any other zoning or related ordinance, the governing body of any county, city, town or village shall, by order or ordinance, require any individual or business entity planning to install, construct or locate a telecommunication siting tower, or other facility or structure for the transmission of wireless communication or telephone service, in such county, city, town or village to notify all owners of record of property which is adjacent to, or within two thousand feet of, any property on which the tower, facility or structure is to be located. The order or ordinance shall provide for the method of notifying affected owners of record, including the length of time notice shall be given before the start of construction on the tower, structure or facility and the opportunity for affected owners of record to require a public hearing by the county, city, town or village on the location of the tower, structure or facility."; and



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



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



Which motion was defeated.



Representative Ridgeway offered House Amendment No. 4.



House Amendment No. 4



AMEND House Committee Substitute for Senate Bill No. 86, Page 2, Section 64.180, Line 19, by inserting after all of said line the following:



"64.342. 1. Section 64.341 to the contrary notwithstanding, the county commission of any county of the first classification without a charter form of government with a population of at least one hundred fifty thousand containing part of a city with a population over three hundred fifty thousand is hereby authorized to acquire, by purchase or gift, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate, in whole or in part, concession stands or marinas within any area contiguous to the lake which is used as a public park, playground, camping site or recreation area. No such lease or concession grant shall be for a longer term than twenty-five years.

2. Such concession stands or marinas may offer refreshments for sale to the public using such areas and services therein relating to boating, swimming, picnicking, golfing, shooting, horseback riding, fishing, tennis and other recreational, cultural and educational uses upon such terms and under such regulations as the county may prescribe.

3. All moneys derived from the operation of concession stands or marinas shall be paid into the county treasury and be credited to a "Park Fund" to be established by each county authorized under subsection 1 of this section and be used and expended by the county commission for park purposes.

4. The provisions of this section authorizing and extending authority to counties concerning marinas shall not apply to any privately operated marina in operation prior to August 28, 2000, except that if an operator is in default or if no bids are received during the open bid period, then the county may operate such marina for a period not to exceed a cumulative total of twenty-four months."; and



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



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



On motion of Representative Scott, HCS SB 86, as amended, was adopted.



On motion of Representative Scott, HCS SB 86, as amended, was read the third time and passed by the following vote:



AYES: 147
Abel Ballard Barnett Barnitz Barry 100
Bartelsmeyer Bartle Bearden Berkowitz Berkstresser
Black Bland Boatright Bonner Boucher
Bowman Boykins Bray 84 Britt Brooks
Burcham Burton Byrd Campbell Carnahan
Champion Cierpiot Clayton 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 Griesheimer Hagan-Harrell
Hampton Hanaway Harding Hartzler Haywood
Hegeman Henderson Hendrickson Hickey Hilgemann
Hohulin Holand Hollingsworth Holt Hoppe
Hosmer Hunter Jetton Johnson 90 Jolly
Kelley 47 Kelly 144 Kelly 27 Kelly 36 Kennedy
King Koller Lawson Legan Levin
Liese Linton Lograsso Lowe Luetkemeyer
Luetkenhaus Marble Marsh May 149 Mayer
Mays 50 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
Shoemyer Skaggs Smith St. Onge Surface
Thompson Townley Treadway Troupe Van Zandt
Villa Vogel Walton Willoughby Wilson 25
Wright Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 013
Baker Behnen Green 73 Harlan Johnson 61
Long McKenna Shields Wagner Ward
Wiggins Williams Wilson 42
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



HCS SCS SBs 5 & 21, relating to the criminal activity forfeiture act, was taken up by Representative Kreider.



Representative Kreider moved that HCS SCS SBs 5 & 21 be adopted.



Which motion was defeated.



On motion of Representative Kreider, SCS SBs 5 & 21 was truly agreed to and finally passed by the following vote:



AYES: 126
Abel Baker Ballard Barnitz Barry 100
Bartle Bearden Behnen Berkowitz Berkstresser
Black Bland Boatright Bonner Boucher
Bowman Boykins Bray 84 Brooks Burton
Byrd Campbell Carnahan Champion Cierpiot
Coleman Cooper Copenhaver Crawford Crowell
Curls Davis Dempsey Dolan Farnen
Foley Ford Franklin Fraser Froelker
Gambaro George Graham Gratz Green 15
Hagan-Harrell Hampton Hanaway Harding Harlan
Hartzler Haywood Hegeman Henderson Hickey
Hilgemann Holand Hollingsworth Holt Hoppe
Hunter Jetton Johnson 90 Jolly Kelley 47
Kelly 27 Kennedy King Legan Levin
Liese Lograsso Lowe Luetkemeyer Luetkenhaus
Marble Marsh Mayer McKenna Merideth
Miller Moore Murphy Myers Naeger
O'Connor O'Toole Overschmidt Portwood Ransdall
Rector Reid Reinhart Relford Richardson
Ridgeway Rizzo Roark Robirds Ross
Scheve Schwab Scott Secrest Seigfreid
Selby Shelton Shields Shoemyer Skaggs
Smith St. Onge Surface Thompson Treadway
Troupe Villa Vogel Wagner Walton
Ward Willoughby Wilson 25 Wilson 42 Wright
Mr. Speaker
NOES: 025
Barnett Britt Burcham Clayton Crump
Cunningham Enz Fares Gaskill Griesheimer
Hendrickson Hohulin Hosmer Kelly 144 Kelly 36
Linton May 149 Mays 50 Nordwald Ostmann
Phillips Purgason Reynolds Townley Williams
PRESENT: 000
ABSENT WITH LEAVE: 009
Bartelsmeyer Green 73 Johnson 61 Koller Lawson
Long Monaco Van Zandt Wiggins
VACANCIES: 003


Speaker Pro Tem Abel declared the bill passed.



SB 123, relating to firearm manufacturers, was placed on the Informal Calendar.



SB 416, relating to child labor, was taken up by Representative Wagner.



Speaker Kreider resumed the Chair.



Representative Gratz assumed the Chair.



SB 416 was laid over.



REFERRAL OF SENATE BILLS



The following Senate Bills were referred to the Committee indicated:



HCS SCS SB 266 - Fiscal Review and Government Reform (Fiscal Note)

HCS SB 288 - Fiscal Review and Government Reform (Fiscal Note)

HCS SCS SBs 486 & 422 - Fiscal Review and Government Reform (Fiscal Note)











REFERRAL OF HOUSE RESOLUTIONS



The following House Resolutions were referred to the Committee indicated:



HR 1868 - Miscellaneous Bills & Resolutions

HR 1894 - Miscellaneous Bills & Resolutions



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 52, entitled:



An act to repeal section 56.066, RSMo 2000, relating to full-time prosecutors, and to enact in lieu thereof one new section relating to the same subject.



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



Senate Committee Amendment No. 1



AMEND House Bill No. 52, Page 2, Section 56.066, Line 22, by striking the word "fifty" and inserting in lieu thereof the word "sixty".



Senate Committee Amendment No. 2



AMEND House Bill No. 52, Page 1, in the Title, Line 3, by inserting immediately after the word "subject" the following: ", with an emergency clause"; and



Further amend said bill, Page 2, Section 56.066, Line 24, by inserting immediately after said line the following:



"Section B. Because of the need to assure efficient prosecution for violations of state law, section 56.066 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 56.066 shall be in full force and effect upon its passage and approval.".



Emergency clause adopted.



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 HCS HB 106.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 420.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 431.





Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 567, entitled:



An act to repeal sections 167.181, 191.600, 191.603, 191.605, 191.607, 191.609, 191.611, 191.614, 191.615, 192.070, 209.251, 214.275, 214.276, 214.367, 214.392, 256.459, 324.083, 324.086, 324.147, 324.177, 324.212, 324.217, 324.243, 324.522, 326.011, 326.012, 326.021, 326.022, 326.040, 326.050, 326.055, 326.060, 326.100, 326.110, 326.120, 326.121, 326.125, 326.130, 326.131, 326.133, 326.134, 326.151, 326.160, 326.170, 326.180, 326.190, 326.200, 326.210, 326.230, 327.011, 327.031, 327.041, 327.081, 327.131, 327.314, 327.381, 327.600, 327.603, 327.605, 327.607, 327.609, 327.612, 327.615, 327.617, 327.621, 327.623, 327.625, 327.627, 327.629, 327.630, 327.631, 329.010, 329.040, 329.050, 329.085, 329.190, 329.210, 331.050, 331.090, 332.072, 332.311, 334.021, 334.047, 334.625, 334.749, 334.870, 334.880, 334.890, 337.612, 337.615, 337.618, 337.622, 338.030, 338.043, 338.055, 338.210, 338.220, 338.285, 338.353, 339.090, 345.080, 620.010 and 621.045, RSMo 2000, relating to the division of professional registration, and to enact in lieu thereof one hundred forty-one new sections relating to the same subject, with penalty provisions and an emergency clause for certain sections.



With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 8, Senate Amendment No. 9, Senate Amendment No. 10, Senate Amendment No. 15 and Senate Amendment No. 16.



Senate Amendment No. 1



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 216, Section 620.045, Line 5, by inserting after all of said line the following:



"Section 1. 1. Notwithstanding any other provision of law, when the Division of Professional Registration intends to enter into any contract or other written agreement or approve any letter of intent for payment of money by the state in excess of one hundred thousand dollars, modification or potential reduction of a party's financial obligation to the state in excess of one hundred thousand dollars, the Division of Professional Registration shall forward a copy to the attorney general before entering into that contract, subcontract or other written agreement or approving the letter of intent.

2. Upon receiving the contract, other written agreement or letter of intent, the attorney general shall, within ten days, review and approve that contract, other written contract or letter of intent for its legal form and content as may be necessary to protect the legal interest of the state. If the attorney general does not approve, then the attorney general shall return the contract, other written agreement or letter of intent with additional proposed provisions as may be necessary to the proper enforcement of the contract as required to protect the state's legal interest. If the attorney general does not respond within ten days or, in the case of any contract that involves a payment of money by the state or a modification or potential reduction of a party's financial obligation to the state of one million dollars or more, within thirty days, the contract shall be deemed approved.

3. Communications related to the attorney general's review are attorney-client communications. The attorney general's written disposition shall be subject to chapter 610, RSMo."; and



Further amend the title and enacting clause accordingly.



Senate Amendment No. 2



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 4, Section 167.181, Line 27, after the word "child" add "'s teeth".



Senate Amendment No. 3



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 213, Section 620.010, Line 7 of said page, by inserting after all of said line the following:



"620.151. For the purpose of determining whether cause for discipline or denial exists under the statutes of any board, commission or committee within the division of professional registration, any licensee, registrant, permittee or applicant that tests positive for a controlled substance, as defined in chapter 195, RSMo, is presumed to have unlawfully possessed the controlled substance in violation of the drug laws or rules and regulations of this state, any other state or the federal government unless he or she has a valid prescription for the controlled substance. The burden of proof that the controlled substance was not unlawfully possessed in violation of the drug laws or rules and regulations of this state, any other state or the federal government is upon the licensee, registrant, permittee or applicant."; and



Further amend the title and enacting clause accordingly.



Senate Amendment No. 4



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 45, Section 324.530, Line 19 of said page, by adding after said line the following:



"324.1005. 1. As used in sections 324.1005 to 324.1017, the following terms mean:

(1) "Amusement machine", any machine, device or apparatus which provides amusement, diversion or entertainment, which is coin-operated and operational results of which depend in whole or in part upon the skill of the player, regardless of whether an award is afforded to a successful player. Such phrase includes any machine, device or apparatus not otherwise excluded by this section and also includes, but is not limited to, such games as radio rifles, miniature football, golf, baseball, hockey, basketball, bumper pool, tennis, shooting galleries, pool tables, shuffleboard, pinball tables, cranes, video games, claw machines, bowling machines, countertop machines, novelty arcade machines and other miniature games, regardless of whether a score shows;

(2) "Amusement machine operator", a person engaged in the business of owning, buying, selling, renting, leasing, trading, or furnishing amusement machines to another; except that the phrase shall exclude an individual who owns and operates an amusement machine for personal use and amusement in such individual's private residence. All amusement machines owned and operated by a business or organization and located on the premises of such business or organization as of August 28, 2001, and used for the amusement of the customers or members of that business or organization, shall be exempt from the requirements and rights of amusement machine operators set forth in sections 324.1005 to 324.1017. Any additional machines which such business or organization acquires or begins to operate after August 28, 2001, shall be subject to the provisions of sections 324.1005 to 324.1017 and the business or organization shall thereafter be required to obtain a license pursuant to sections 324.1005 to 324.1017;

(3) "Award", a noncash prize, toy, item of merchandise or novelty which shall be located and redeemed solely on the premise where an amusement machine is played. The term shall exclude cash, gift certificates, intoxicating beer and liquor, nonintoxicating beer and tobacco products. The value of an award for a single play shall not exceed the greater of a single play of the amusement machine or the wholesale value of five dollars. The value of an award from an accumulation of successful plays shall not exceed a wholesale value of more than two hundred fifty dollars;

(4) "Coin-operated machine", any amuse-ment machine which is operated by placing through a slot or any kind of opening or container any coin, slug, token, paper money or other object or article necessary to be inserted before the machine operates or functions. The term does not include any machine or device which is classified by the United States government as requiring a federal gaming stamp pursuant to applicable provisions of the Internal Revenue Code;

(5) "Director", the director of the division of professional registration of the department of economic development;

(6) "Person", any individual, firm, associ-ation, company, partnership or corporation;

(7) "Redemption machine", an amusement machine from which a successful player receives a redeemable award. An immediate right of replay shall not be considered a redeemable award. No redemption machine shall act as a lottery or gift enterprise, or simulate a slot machine or any gambling game of skill or video representations which are specifically enumerated in subdivision (12) of subsection 1 of section 313.800, RSMo, as of August 28, 1999.

2. No person shall act as an amusement machine operator without first obtaining an amusement machine operator license from the director. Such license shall be renewed biennially on or before July first of each year. The biennial fee for a license to operate amusement machines shall be set by the director at an amount necessary to cover administration costs of the licensing program established in sections 324.1005 to 324.1017, but shall not exceed one thousand five hundred dollars. The biennial fee for a license to operate any number of amusement machines only at carnivals, circuses, local or county fairs or the state fair shall be one hundred dollars for each month of such two-year period in which amusement machines are operated. Any person making an initial application for a license after January first of the year shall be charged a prorated amount of such license. A licensed amusement machine operator shall not transfer his or her license number or allow another person to use his or her license number.

3. A person may obtain an amusement machine operator license if such person has the following qualifications:

(1) Such person, if an individual, is at least twenty-one years of age, or such person, if a business, is in part owned by at least one individual who is at least twenty-one years of age;

(2) Such person, if an individual, is currently a resident of this state and has been such continuously for at least one year before the date of such person's application or, if such person is a business, is in part owned by at least one individual who is currently a resident of this state, has been such continuously for at least one year before the business's application and such person shall be the party accountable for the collection and reporting of all of the business's state taxes, fees and compliance. The residency requirement shall not apply to a person whose operation of amusement machines is limited exclusively to carnivals, circuses, local or county fairs or the state fair and shall not apply to a person who was doing business in Missouri and paying Missouri sales tax on revenues from amusement machines on or before December 31, 2000; and

(3) Such person shall show a Missouri sales tax number and proof that Missouri sales tax has been paid on all business dealings previously undertaken in this state.

4. Any person who acts as an amusement machine operator without first obtaining a license from the director may be assessed a penalty of up to one hundred dollars for each amusement machine in such person's possession and the director may seize any amusement machines in such person's possession and initiate or authorize the attorney general to initiate legal proceedings.

324.1008. All licensed amusement machine operators shall identify each of their amusement machines with a decal. Such decal shall be provided by the operator and shall contain the license number of the operator and any other information the director may require. Each amusement machine operator shall place such decal in a prominent location on each machine owned or operated by him or her.

324.1011. 1. The director is authorized to:

(1) Promulgate rules necessary to implement sections 324.1005 to 324.1017;

(2) Issue warnings, probations, suspensions and revocations to an amusement machine operator who violates sections 324.1005 to 324.1017;

(3) Prescribe all forms, applications, and licenses;

(4) Examine only those books and records of persons applying for an amusement machine operator license or of persons licensed as amusement machine operators that directly pertain to amusement machine activities, including local and state sales tax records; and may only investigate an operator of amusement machines after receiving a written complaint or request to take action from a Missouri citizen or law enforcement agency.

2. Any party aggrieved by any action of the director shall have the right to appeal to the administrative hearing commission from any finding, order or decision of the director. Any person or entity who is a party to such a dispute shall be entitled to a hearing before the administrative hearing commission by the filing of a petition with the administrative hearing commission within thirty days after the decision of the director is placed in the United States mail or within thirty days after the decision is delivered, whichever is earlier. The decision of the director shall contain a notice of the right of appeal in substantially the following language:

If you were adversely affected by this decision, you may appeal to the administrative hearing commission. To appeal, you must file a petition with the administrative hearing commission within thirty days after the date of this decision was mailed or the date it was delivered, whichever date was earlier. If any such petition is sent by registered mail or certified mail, it will be deemed filed on the date it is mailed; if it is sent by any method other than registered mail or certified mail, it will be deemed filed on the date it is received by the commission. The procedures applicable to the processing of such hearings and determinations shall be those established by chapter 536, RSMo. Decisions of the administrative hearing commission pursuant to this section shall be binding subject to appeal by either party.

3. 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.

324.1014. All fees provided for in sections 324.1005 to 324.1017 shall be collected by the director, who shall transmit the funds to the director of revenue to be deposited in the state treasury to the credit of the "Amusement Machine Operator License Fund" which is hereby created. The fund shall be administered by the director. Upon appropriation, money in the fund shall be used solely for the administration of sections 324.1005 to 324.1017. Notwithstanding the provisions of section 33.080, RSMo, to the contrary, no appropriation made to the fund shall lapse. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Interest and moneys earned on such investments shall be credited to the fund.

324.1017. Sections 324.1005 to 324.1017 shall not become effective until expenditures are specifically appropriated or personnel are specifically authorized for the purpose of performing the duties specified therein and the initial rules filed, if appropriate, have become effective. The director shall have the authority to borrow funds from any agency within the division to commence operations upon appropriation for such purpose. This authority shall cease at such time that a sufficient fund has been established by the agency to fund its operations and repay the amount borrowed."; and



Further amend the title and enacting clause accordingly.



Senate Amendment No. 5



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 45, Section 324.530, Line 19 of said page, by inserting after all of said line the following:



"324.700. As used in sections 324.700 to 324.745, unless the context provides otherwise, the following terms shall mean:

(1) "Division", the division of motor carrier and railroad safety;

(2) "House", a dwelling or other structure intended for human habitat in excess of fourteen feet in width. A house does not include a manufactured home as defined in section 700.010, RSMo, or a modular unit;

(3) "Housemover", a person actively engaged on a full-time basis in the intrastate movement of houses on public roads and highways of this state;

(4) "Housemoving", engaging actively and directly on a full-time basis in the intrastate movement of houses on public roads and highways of this state;

(5) "Person", an individual, corporation, partnership, association or any other business entity.

324.703. All persons who engage in the business of housemoving on the roads and highways of this state shall be licensed by the division of motor carrier and railroad safety.

324.706. The division shall issue licenses to applicants meeting the following conditions:

(1) The applicant must be at least eighteen years of age and have at least twenty-four months experience in moving houses;

(2) The applicant must furnish proof that all of the vehicles to be used in the movement of houses have met the requirements of sections 307.350 to 307.400, RSMo, or its equivalent pertaining to the inspection of motor vehicles;

(3) The applicant must exhibit his federal employer's identification number; and

(4) The applicant must pay an annual license fee of one hundred dollars. All moneys received for housemover licenses shall be paid to and collected by the division of motor carrier and railroad safety and transmitted to the director of revenue and deposited in the state treasury to the credit of the state highways and transportation fund as established in section 226.200, RSMo.

324.709. A license issued pursuant to sections 324.700 to 327.742 shall be effective for a period of one year from the date of issuance and shall be renewable on an annual basis.

324.712. 1. No license shall be issued or renewed unless the applicant files with the division a certificate or certificates of insurance from an insurance company or companies authorized to do business in this state. The applicant must demonstrate that he or she has:

(1) Motor vehicle insurance for bodily injury to or death of one or more persons in any one accident and for injury or destruction of property of others in any one accident with minimum coverage of five hundred thousand dollars;

(2) Comprehensive general liability insurance with a minimum coverage of two million dollars, including coverage of operations on state streets and highways that are not covered by motor vehicle insurance; and

(3) Workers' compensation insurance that complies with chapter 287, RSMo, for all employees.

2. The certificate or certificates shall provide for continuous coverage during the effective period of the license issued pursuant to this section. At the time the certificate is filed, the applicant shall also file with the division a current list of all motor vehicles covered by the certificate. The applicant shall file amendments to the list within fifteen days of any changes.

3. An insurance company issuing any insurance policy required by this section shall notify the division of any of the following events at least thirty days before its occurrence:

(1) Cancellation of the policy;

(2) Nonrenewal of the policy by the company; or

(3) Any change in the policy.

4. In addition to all coverages required by this section, the applicant shall file with the division a copy of either:

(1) A bond or other acceptable surety providing coverage in the amount of fifty thousand dollars for the benefit of a person contracting with the housemover to move that person's house for all claims for property damage arising from the movement of a house; or

(2) A policy of cargo insurance in the amount of one hundred thousand dollars.

324.715. 1. Persons licensed as housemovers shall also be required to secure a special permit, as provided for pursuant to section 304.200, RSMo, from the chief engineer of the department of highways and transportation for every move undertaken on the state highway system. The permit shall be issued by the chief engineer if the chief engineer determines that the applicant:

(1) Is properly licensed pursuant to sections 324.700 to 324.745;

(2) Has furnished the surety bond or policy of cargo insurance required by subsection 4 of section 324.712; and

(3) Is complying with such other regulations as required by the division of motor carrier and railroad safety.

2. A license shall not be required for individuals moving their own houses from or to property owned individually by those persons; however, a special permit will be required for all moves.

3. Licensed housemovers shall furnish one rear escort vehicle on interstate and other divided highways. Licensed housemovers shall provide two escorts on all multi-lane and two-lane highways, one in front and one rear.

324.718. 1. Application for a special permit to move a house must be made to the chief engineer of the department of transportation at least two days prior to the date of the move. For good cause shown, this time may be waived by the chief engineer.

2. A travel plan shall accompany the application for the special permit. The travel plan will show the proposed route, the time estimated for each segment of the move, a plan to handle traffic so that no one delay to other highway users shall exceed twenty minutes. The chief engineer shall review the travel plan and if the route cannot accommodate the move due to roadway weight limits, bridge size or weight limits, or will cause undue interruption of traffic flow, the special permit shall not be issued.

3. The applicant may submit alternate plans if desired until an acceptable route is determined. If the width of the house to be relocated is more than thirty-six feet, or if no acceptable travel plan has been filed, and the denial of the permit would cause a hardship, the application and travel plan may be submitted to the chief engineer on appeal. After reviewing the route and travel plan, the chief engineer may in his or her discretion issue the permit after considering the practical physical limitations of the route, the nature and purpose of the move, the size and weight of the house, the distance the house is to be moved, and the safety and convenience of the traveling public. A surety bond in the amount to cover the cost of any damage to the pavement, structures, bridges, roadway or other damages that may occur may be required if deemed necessary by the chief engineer.

324.721. All obstructions, including traffic signals, signs, and utility lines will be removed immediately prior to and replaced immediately after the move at the expense of the housemover, provided that arrangements for and approval from the owner is obtained.

324.724. Irrespective of the route shown on the special permit, an alternate route will be followed:

(1) If directed by a peace officer;

(2) If directed by a uniformed officer assigned to a weighing station to follow a route to a weighing device; or

(3) If the specified route is officially detoured. Should a detour be encountered, the driver shall check with the department of transportation prior to proceeding.

324.727. The house to be transported will not be loaded, unloaded, nor parked, day or night, on a highway right-of-way without specific permission from the director.

324.730. No move will be made when atmospheric conditions render visibility lower than safe for travel. Moves will not be made when highways are covered with snow or ice, or at any time travel conditions are considered unsafe by the director or highway patrol or other law enforcement officers having jurisdiction.

324.733. The permit may be voided if any conditions of the permit are violated. Upon any violation, the permit must be surrendered and a new permit obtained before proceeding. Misrepresentation of information on an application to obtain a license, fraudulently obtaining a permit, alteration of a permit, or unauthorized use of a permit will render the permit void.

324.736. All moves on streets on the municipal system of streets shall comply with local ordinances. The officer in charge of the maintenance of streets of any municipality may issue permits for the use of the streets by housemovers within the limits of such municipalities.

324.739. The speed of moves will be that which is reasonable and prudent for the load, considering weight and bulk, under conditions existing at the time.

324.742. Any person violating sections 324.700 to 324.745 or the regulations of the division or department of transportation shall be guilty of a class A misdemeanor.

324.745. 1. If any provisions of sections 324.700 to 324.745, or if the application of such provisions to any person or circumstance shall be held invalid, the remainder of this section and the application of such provision of sections 324.700 to 324.745 other than those as to which it is held valid, shall not be affected thereby.

2. Nothing in sections 324.700 to 324.745 shall be construed to limit, modify or supercede the standards governing the intrastate or interstate movement of property pursuant to 49 U.S.C. 14501 or 49 U.S.C. 14504.

3. The provisions of sections 324.700 to 324.745 shall not apply to housemovers engaged in the interstate movement of houses. Those engaged in the interstate movement of houses, however, shall comply with all applicable provisions of federal and state law with respect to the movement of such property."; and



Further amend the title and enacting clause accordingly.



Senate Amendment No. 8



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 3, Section A, Line 4 of said page, by inserting after all of said line the following:



"109.120. 1. The head of any business, industry, profession, occupation or calling, or the head of any state, county or municipal department, commission, bureau or board may cause any and all records kept by such official, department, commission, bureau, board or business to be photographed, microphotographed, photostated or transferred to other material using photographic, video, or electronic processes, including a computer-generated electronic or digital retrieval system, and the judges and justices of the several courts of record within this state may cause all closed case files more than five years old to be photographed, microphotographed, photostated, or transferred to other material using photographic, video, or electronic processes, including a computer-generated electronic or digital retrieval system.  Such reproducing material shall be of durable material and the device used to reproduce the records shall be such as to accurately reproduce and perpetuate the original records in all details and ensure their proper retention and integrity in accordance with standards established by the state records commission.

2. The cost of reproduction of closed files of the several courts of record as provided herein shall be chargeable to the county and paid out of the county treasury wherein the court is situated.

3. When any recorder of deeds in this state is required or authorized by law to record, copy, file, recopy, replace or index any document, plat, map or written instrument, the recorder may do so by photostatic, photographic, microphotographic, microfilm, or electronic process, including a computer-generated electronic or digital retrieval system, which produces a clear, accurate and permanent copy of the original, provided they meet the standards for permanent retention and integrity as promulgated by the local records board. The reproductions so made may be used as permanent records of the original. When microfilm or electronic reproduction is used as a permanent record by recorder of deeds, duplicate reproductions of all recorded documents, indexes and files required by law to be kept by the recorder shall be made and one copy of each document shall be stored in a fireproof vault and the other copy shall be readily available in the recorder's office together with suitable equipment for viewing the record by projection to a size not smaller than the original and for reproducing copies of the recorded or filmed documents for any person entitled thereto.  In all cases where instruments are recorded pursuant to this section by microfilm or electronic process, any release, assignment or other instrument affecting a previously recorded instrument by microfilm or electronic process shall be filed and recorded as a separate instrument and shall be cross-indexed to the document which it affects.

109.241. The head of each local agency shall:

(1) Submit within six months after a call to do so from the secretary of state in accordance with standards established by the local records board and promulgated by the director of records management and archives, schedules proposing the length of time each local records series warrants retention for administrative, legal, historical or fiscal purposes after it has been received or created by the local agency;

(2) Submit lists of local records that are not needed in the transaction of current business and that do not have sufficient administrative, legal, historical or fiscal value to warrant their further retention;

(3) Cooperate with the director in the conduct of surveys made by the director pursuant to the provisions of sections 109.200 to 109.310;

(4) When files in the custody of a local governmental agency are microfilmed or otherwise reproduced through photographic, video, electronic, or other reproduction processes, including a computer-generated electronic or digital retrieval system, the public official having custody of the reproduced records shall, before disposing of the originals, certify to the director that the official has made provisions for preserving the microfilms or electronically created records for viewing and recalling images to paper or original form, as appropriate, and that the official has done so in a manner guaranteeing the proper retention and integrity of the records in accordance with standards established by the local records board. Certification shall include a statement, written plan, or reputable vendor's certificate, as appropriate, that any microfilm or document reproduced through electronic process meets the standards for archival permanence established by the United States of America Standards Institute or similar agency, or local records board. If records are microfilmed, original camera masters shall not be used for frequent reference or reading purposes, but copies shall be made for such purposes."; and



Further amend the title and enacting clause accordingly.



Senate Amendment No. 9



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 192, Section 338.210, Line 5, by deleting the words "symbol "RX", or the" on said line.



Senate Amendment No. 10



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 56, Section 324.1120, Line 15, by inserting immediately at the end of said line of said page the following:



";

(6) Create any video recording of an individual in their domicile without the individual's permission. Furthermore, if such video recording is made, it shall not be admissible as evidence in any civil proceeding.".



Senate Amendment No. 15



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 122, Section 327.603, Lines 9-15, by deleting the following:





"Nothing in sections 327.600 to 327.635 shall be construed to require licensing of employees of the state of Missouri or its political subdivisions while engaged in the practice of landscape architecture for the state of Missouri or a political subdivision of the state, provided the project does not jeopardize the public health, safety and welfare."; and



Further amend said section, Line 16, by inserting after the word "prohibit" the following:



"employees of the state when working for the state or its political subdivisions or".



Senate Amendment No. 16



AMEND Senate Substitute for Senate Committee Substitute for House Committee Substitute for House Bill No. 567, Page 212, Section 620.010, Line 19 of said page, by striking the bracket; and amend Page 213, Lines 1 to 7, by striking the bracket on line one and all the bold face type in said lines.



Emergency clause adopted.



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 HCS SB 130 and has taken up and passed HCS SB 130.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 178 and has taken up and passed HCS SCS SB 178.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SS SCS SB 267, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 462, as amended, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 543 and has taken up and passed HCS SB 543.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 610, and requests the House to recede from its position and failing to do so grant the Senate a conference thereon.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 945, entitled:



An act to repeal sections 488.429 and 494.455, RSMo 2000, relating to funding for court services, and to enact in lieu thereof two new sections relating to the same subject.



In which the concurrence of the House is respectfully requested.





Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 16, entitled:



An act 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.



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 HB 17, entitled:



An act 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.



With Senate Amendment No. 1



Senate Amendment No. 1



AMEND Senate Committee Substitute for House Bill No. 17, Page 36, Section 17.220, Line 9, by deleting the number "$1,500,000" and inserting in lieu thereof the number "$1,000,000".



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 refuses to concur in HCS SS SB 193, as amended, and requests the House to recede from its position and failing to do so, grant the Senate a conference thereon.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 345 and has taken up and passed HCS SB 345.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 515 and has taken up and passed HCS SCS SB 515.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SB 538 and has taken up and passed HCS SB 538.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 568 and has taken up and passed HCS SCS SB 568.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted HCS SCS SB 619 and has taken up and passed HCS SCS SB 619.



Emergency clause adopted.



WITHDRAWAL OF HOUSE RESOLUTION



May 7, 2001



The Honorable Jim Kreider

Speaker of the House

Room 308 State Capitol

Jefferson City, MO 65101



Dear Mr. Speaker:



I wish to withdraw House Resolution No. 1868 concerning a House Task Force of Better Vision. In its place I will be writing you a letter to request the establishment of an Interim Committee to study vision related issues in our State.



Sincerely,



/s/ D.J. Davis



ADJOURNMENT



On motion of Representative Foley, the House adjourned until 10:00 a.m., Tuesday, May 8, 2001.



CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Sixty-seventh Day, Thursday, May 3, 2001, page 1612, lines 13 through 40 and page 1613, lines 2 through 17, by deleting all of said lines and inserting in lieu thereof the following:



HOUSE COMMITTEE SUBSTITUTE

FOR

SENATE CONCURRENT RESOLUTION NO. 28



WHEREAS, recent high fuel prices have alerted us to the need to improve our nation's policies on fuel production and efficient use of energy; and



WHEREAS, the Organization of Petroleum Exporting Countries (OPEC) has recently suggested that they will reduce crude oil production again in an attempt to manipulate prices; and



WHEREAS, reductions in crude oil production have resulted in sharp increases in prices for natural gas, gasoline and home heating oil; and



WHEREAS, the United States has become dangerously dependent on foreign petroleum; and



WHEREAS, Missouri consumers are experiencing higher prices at the pump and in home heating costs and these high prices are negatively impacting their quality of life; and



WHEREAS, the economic stability of many areas of the state which rely on tourism may be jeopardized if the number of persons traveling to Missouri's vacation destinations is significantly reduced due to increased gasoline prices; and



WHEREAS, the trucking industry, heavily dependent on the availability and price of gasoline and diesel fuel, has been especially hard hit by the increase in fuel costs that have resulted in a significant increase in the transportation costs associated with the delivery of consumer goods throughout the state. Such an increase in cost to the trucking industry will inevitably be passed along to consumers as an increase in the price of consumer goods; and



WHEREAS, the increased petroleum fuel costs is particularly detrimental to Missouri family farmers because it comes at a time when overall market prices are low; and



WHEREAS, fuel prices could be reduced by increasing domestic production and encouraging the development of markets for products that can be used as the source material for renewable alternative fuels:



NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri Senate of the Ninety-first General Assembly, First Regular Session, the House of Representatives concurring therein, hereby urge the United States Congress to actively address the issue of fuel prices and take immediate actions necessary to reduce our nation's dependency on foreign petroleum sources, boost our own economy, and increase energy efficiency by:



(1) Encouraging exploration for domestic petroleum sources in a manner that does not, based on established scientific principles, adversely impact the environment;



(2) Encouraging and creating incentives for fuel conservation measures that do not, based on established economic principles, harm the economy; and



(3) Encouraging and creating incentives for research, development and use of solar and other alternative fuel sources, including ethanol and other fuels made from renewable materials that would not only reduce our dependency on foreign petroleum, but also have the potential to improve environmental protection and boost local economies; and



BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for the President of the United States Senate, the Speaker of the United States House of Representatives, Secretary Gale Norton of the United States Department of the Interior, Secretary Spencer Abraham of the United States Department of Energy, Secretary Ann M. Veneman of the United States Department of Agriculture, Administrator Christine Todd Whitman of the United States Environmental Protection Agency, the White House Office of Management and Budget, and each member of the Missouri Congressional delegation.



Page 1565, roll call, by showing Representatives Boykins and Naeger voting "aye" rather than "absent with leave".



Pages 1565 and 1566, roll call, by showing Representatives Barnett, Boykins, Franklin and Miller voting "aye" rather than "absent with leave".



Pages 1578 and 1579, roll call, by showing Representative Shields voting "aye" rather than "absent with leave".



Page 1581, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".



Page 1582, roll call, by showing Representatives Boatright and Franklin voting "aye" rather than "absent with leave".



Pages 1583 and 1584, roll call, by showing Representative Campbell voting "aye" rather than "absent with leave".



Pages 1584 and 1585, roll call, by showing Representative King voting "aye" rather than "absent with leave".



Pages 1585 and 1586, roll call, by showing Representative Ward voting "aye" rather than "absent with leave".



Pages 1586 and 1587, roll call, by showing Representative Reynolds voting "aye" rather than "absent with leave".



Pages 1587 and 1588, roll call, by showing Representatives Boykins, Dempsey, Dolan, Reynolds and Surface voting "aye" rather than "absent with leave".



Pages 1588 and 1589, roll call, by showing Representative Dolan voting "aye" rather than "no".



Pages 1588 and 1589, roll call, by showing Representatives Kennedy and Reynolds voting "aye" rather than "absent with leave".



Pages 1589 and 1590, roll call, by showing Representatives Barnett, Dolan, Holt, Kennedy, King, Rector and Secrest voting "aye" rather than "absent with leave".



Pages 1590 and 1591, roll call, by showing Representatives Barnett and Secrest voting "aye" rather than "absent with leave".



Pages 1591 and 1592, roll call, by showing Representatives Barnett, Sanders Brooks and Froelker voting "aye" rather than "absent with leave".



Pages 1592 and 1593, roll call, by showing Representative Barnett voting "aye" rather than "absent with leave".



Pages 1593 and 1594, roll call, by showing Representatives Barnett, Sanders Brooks, Cooper, Dolan and Enz voting "aye" rather than "absent with leave".



Pages 1594 and 1595, roll call, by showing Representative Barnett voting "aye" rather than "absent with leave".



Pages 1596 and 1597, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".



Pages 1597 and 1598, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".



Pages 1598 and 1599, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".





Pages 1599 and 1600, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".



Pages 1600 and 1601, roll call, by showing Representatives Davis, Franklin, Reinhart, Ridgeway, Surface and Wright voting "aye" rather than "absent with leave".



Pages 1601 and 1602, roll call, by showing Representatives Barry, Coleman, Hunter and Surface voting "aye" rather than "absent with leave".



Pages 1602 and 1603, roll call, by showing Representatives Crowell and Surface voting "no" rather than "absent with leave".



Pages 1603 and 1604, roll call, by showing Representatives Behnen, Crowell, Kelly (27), Ridgeway and Surface voting "aye" rather than "absent with leave".



Pages 1604 and 1605, roll call, by showing Representatives Crowell, Kelly (27), Kennedy, Ridgeway and Surface voting "aye" rather than "absent with leave".



Pages 1605 and 1606, roll call, by showing Representatives Crowell, Kelly (27), Reynolds and Surface voting "aye" rather than "absent with leave".



Pages 1606 and 1607, roll call, by showing Representative Crowell voting "no" rather than "absent with leave".



Pages 1607 and 1608, roll call, by showing Representatives Copenhaver and Crowell voting "aye" rather than "absent with leave".



Pages 1608 and 1609, roll call, by showing Representatives Black, Crowell, Harding and Ridgeway voting "aye" rather than "absent with leave".



Pages 1609 and 1610, roll call, by showing Representative Luetkemeyer voting "aye" rather than "absent with leave".



COMMITTEE MEETINGS



APPROPRIATIONS - TRANSPORTATION

Wednesday, May 9, 2001, 8:30 am. Hearing Room 7.

MODOT presentation.



CHILDREN, FAMILIES, AND HEALTH

Tuesday, May 8, 2001. Hearing Room 4 upon morning adjournment.

Executive Session may follow.

To be considered - SB 66, SB 551





CONFERENCE COMMITTEE - APPROPRIATIONS

Tuesday, May 8, 2001, 8:00 am. Hearing Room 3.

House Bills 2 through 12



CONFERENCE COMMITTEE - APPROPRIATIONS

Wednesday, May 9, 2001, 8:00 am. Hearing Room 3.

House Bills 2 through 12



CONFERENCE COMMITTEE - APPROPRIATIONS

Thursday, May 10, 2001, 8:00 am. Hearing Room 3.

House Bills 2 through 12



CONFERENCE COMMITTEE - APPROPRIATIONS

Friday, May 11, 2001, 8:00 am. Hearing Room 3.

House Bills 2 through 12



JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Monday, May 14, 2001, 8:00 am. Hearing Room 1.

Quarterly business meeting. Release of Oversight reports.

AMENDED.



JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Tuesday, May 8, 2001, 9:00 am. Hearing Room 1.

Second quarter meeting. AMENDED.



JUDICIARY

Tuesday, May 8, 2001. Hearing Room 5 upon morning adjournment.

Executive Session to follow. AMENDED.

To be considered - SB 10, SB 128, SB 258



MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, May 9, 2001, 8:30 am. Hearing Room 6.

Executive Session may follow. AMENDED.

To be considered - HCR 34, HR 1894, SB 226, SB 525, SB 578



MOTOR VEHICLE AND TRAFFIC REGULATIONS

Tuesday, May 8, 2001. Hearing Room 1 upon morning adjournment.

Executive Session to follow.

To be considered - SB 52



SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Tuesday, May 8, 2001. Side gallery upon morning adjournment.

Executive Session.





URBAN AFFAIRS

Tuesday, May 8, 2001. Side gallery upon morning adjournment.

Executive Session. Reconsideration.

To be considered - HB 963



UTILITIES REGULATION

Tuesday, May 8, 2001, 8:15 am. Hearing Room 6. AMENDED.

To be considered - SB 387



HOUSE CALENDAR



SIXTY-NINTH DAY, TUESDAY, MAY 8, 2001



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 HCS HB 593 - Riback Wilson (25)

3 HCS HB 239 - Smith

4 HB 802 - Ransdall

5 HCS HB 374 - Fraser

6 HCS HB 635 - Barry

7 HCS HB 868 - Merideth

8 HCS HB 253 - Ross

9 HB 809, HCA 1 - Carnahan

10 HCS HB 340, 303 & 316 - Graham

11 HB 640 - Johnson (90)

12 HCS HB 723 - Mays (50)

13 HCS HB 117 - Riback Wilson (25)

14 HCS HB 307 - Wiggins

15 HCS HB 921 - Curls

16 HB 911 - Carnahan

17 HCS HB 511 - Johnson (90)

18 HB 63 - Reynolds

19 HCS HB 93 - Gaskill

20 HCS HB 1000 - Hosmer













HOUSE BILLS FOR PERFECTION - INFORMAL



1 HCS HB 113 - Hickey

2 HCS HB 853 & 258 - Crump

3 HCS HB 186 & 172 - Troupe

4 HCS HB 888, 942 & 943 - Scheve

5 HCS HB 472 - Burton

6 HCS HB 293 - Kennedy

7 HCS HB 663 & 375 - Kennedy

8 HCS HB 170 - Froelker



HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING



HCR 33, (5-3-01, page 1611) - Lawson



HOUSE BILLS FOR THIRD READING



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

2 HS HB 286, E.C. - Smith

3 HS HB 715 - Foley



SENATE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING



1 SCR 23, (4-4-01, pg. 950) - Bonner

2 SCR 27, (4-4-01, pgs. 950 & 951) - Hagan-Harrell

3 SCR 3, (2-15-01, pgs. 402 & 403) - Dempsey

4 SCR 18, (3-8-01, pgs. 644 & 645) - Mays (50)

5 HCS SCR 28, (5-7-01) - Harding



SENATE JOINT RESOLUTION FOR THIRD READING



HCS SS SCS SJR 1 & 4, (Fiscal Review 5-2-01) - O'Toole



SENATE BILLS FOR THIRD READING



1 HS HCS SB 371, (Fiscal Review 5-7-01) - O'Toole

2 HCS SB 125 - Hoppe

3 HCS SB 319, E.C. - Johnson (61)

4 HCS SB 460 - Kennedy

5 HCS SB 72 - Smith

6 HCS SCS SB 236, E.C. - Ladd Baker

7 SB 416 - Wagner

8 SB 500 - Rizzo

9 SB 370, HCA 1 - Smith

10 SCS SB 290 - Rizzo

11 HCS SCS SB 486 & SB 422, (Fiscal Review 5-7-01) - Hoppe

12 HCS SS SB 244 - Koller

13 HCS SB 365 - Overschmidt

14 HCS SCS SB 591 - Hoppe

15 HCS SCS SB 617 - Rizzo

16 HCS SB 288, E.C.(Fiscal Review 5-7-01) - Monaco

17 HCS SCS SB 266, (Fiscal Review 5-7-01) - Barry

18 SCS SB 393, E.C. - Treadway

19 SCS SB 374, (Fiscal Review 5-3-01) - Ransdall

20 HCS SS SCS SB 48 - Hollingsworth



SENATE BILL FOR THIRD READING - INFORMAL



SB 123 - Hampton



SENATE BILL FOR THIRD READING - CONSENT - INFORMAL



SB 556 - Hoppe



HOUSE BILLS WITH SENATE AMENDMENTS



1 HB 955, SCA 1 - Green (73)

2 SCS HB 607, E.C. - Johnson (90)

3 SCS HB 796 - Hosmer

4 SS SCS HCS HB 144 & 46, as amended - Bonner

5 HS HJR 11, SA 1 - Gambaro

6 SS SCS HB 575 - O'Connor

7 SS HCR 5, as amended - Mays (50)

8 SS SCS HCS HB 567, as amended, E.C. - Treadway

9 HB 52, SCA 1 & SCA 2, E.C. - Ward

10 SCS HB 945 - Hosmer

11 SCS HB 16 - Green (73)

12 SCS HB 17, as amended - Green (73)



BILLS CARRYING REQUEST MESSAGES



1 HCS SCS SB 151, (request House recede/grant conf/conferees exceed differences) - Gaskill

2 SCS HCS HB 302 & 38, as amended, (request Senate recede/grant conf) - Hosmer

3 HCS SB 462, as amended, (request House recede/grant conf) - Legan

4 HCS SB 610, (request House recede/grant conf) - Hoppe

5 HS HCS SS SCS SB 267, as amended, (request House recede/grant conf) - Monaco

6 HCS SS SB 193, as amended, (request House recede/grant conf) - Ward







BILLS IN CONFERENCE



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)

12 SCS HCS HB 13 - Green (73)

13 SCS HCS HB 18, as amended - Green (73)

14 SCS HCS HB 19 - Green (73)

15 SCS HB 491 - George
Missouri House of Representatives