Journal of the House

First Regular Session, 93rd General Assembly

THIRTY-NINTH DAY, Tuesday, March 15, 2005

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Father Donald W. Lammers.

              Blessed are You, Lord, God of all creation, whose generosity fills the earth with resources to meet the needs of mankind. Blessed are You, who have brought us together this day to work in harmony and peace.

              Send down Your blessings on these Your servants, who generously devote themselves to helping the people in their districts and all the people in our state. Give them the holy experience of serving You by serving the people.

              Strengthen them with Your grace and wisdom for You are God forever and ever. 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: Jordan Deprow, William Rudd, Matthew Yager, Blake Buchanan, Amber Adams, Phillip Burton, Joseph Fama, Kaitlin Hollar, Hunter Mueller, Ciara Putman, Charlnae Spearman, Robert Adelman, Emilie Fox, Riley Kelly, Malcolm Lee, Briana Mann, Sunevra Penn, Jeffrey Philgreen, Jaysyn Craddock, Donale Holmes, Shala Mays, Ian Morby, Caitlyn Thomas, Elena Worley, Gabriel Anderson, Kendra Carr, Devan Dowdy, Ikenna Obilor, Robin Simmons, Richard Smith, Devan Worley-Tucker, Leslie Burton, Kierra Bryant, April Grant, Christopher Kidwell, Kelsey Mahoney, Arien Ragsdale, Nathan Allen, Travis Burtin, Victor Cole, Makayla Friday, Claire Mansur, Lanisha Merrill, Catherine Roberts, Robert Wilson, Joshua Hobbs, Margarette Pruitt, Victoria Townsend, Joseph Loyacono-Bustos, Timothy Powell, Breyana White, Reginald Johnson, Tatiana Johnson, John Samuel Lincoln, James Lucas Houchin, Tyler Wilson, Timmy Wilcox, Colton Coffell and Samantha Winkelman.

            The Journal of the thirty-eighth day was approved as corrected.

SPECIAL RECOGNITION

            Students from St. Stephen’s Academy, Kansas City, Missouri, were introduced by Representative Burnett and recognized for designing a sixteen-square quilt representing core values of social justice.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1249 - Representative Jetton

            House Resolution No. 1250 - Representative Jones

            House Resolution No. 1251 - Representative Moore

            House Resolution No. 1252 - Representative Wright (159)

            House Resolution No. 1253 - Representative Deeken, et al.

            House Resolution No. 1254

                        and

            House Resolution No. 1255 - Representative Loehner

            House Resolution No. 1256 - Representative Baker (123)

            House Resolution No. 1257

                        through

            House Resolution No. 1260 - Representative Tilley

            House Resolution No. 1261 - Representative Cunningham (145)

            House Resolution No. 1262

                        and

            House Resolution No. 1263 - Representative Day

            House Resolution No. 1264 - Representative Hunter

            House Resolution No. 1265

                        through

            House Resolution No. 1267 - Representative Lager

            House Resolution No. 1268

                        and

            House Resolution No. 1269 - Representative Viebrock

SECOND READING OF HOUSE BILLS

            HB 778 through HB 786 were read the second time.

SECOND READING OF SENATE BILLS

            SB 88 and SS SCS SB 237 were read the second time.

PERFECTION OF HOUSE BILL

            HCS HB 58, as amended, relating to political subdivisions, was taken up by Representative Johnson (47).

            Representative Zweifel offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 58, Page 11, Section 71.794, Line 45, by inserting after all of said line the following:

              "82.291. 1. For purposes of this section, "derelict vehicle" means any motor vehicle or trailer that was originally designed or manufactured to transport persons or property on a public highway, road, or street and that is junked, scrapped, dismantled, disassembled, or in a condition otherwise harmful to the public health, welfare, peace, and safety.

              2. The owner of any property located in any home rule city with more than twenty-six thousand two hundred but less than twenty-six thousand three hundred inhabitants, except any property subclassed as agricultural and horticultural property pursuant to section 4(b), article X, of the Constitution of Missouri or any property containing any licensed vehicle service or repair facility, who permits derelict vehicles or substantial parts of derelict vehicles to remain on the property other than inside a fully enclosed permanent structure designed and constructed for vehicle storage shall be liable for the removal of the vehicles or the parts if they are declared to be a public nuisance.

              3. To declare derelict vehicles or parts of derelict vehicles to be a public nuisance, the governing body of the city shall give a hearing upon ten days' notice, either personally or by United States mail to the owner or agent, or by posting a notice of the hearing on the property. At the hearing, the governing body may declare the vehicles or the parts to be public nuisances, and may order the nuisance to be removed within five business days. If the nuisance is not removed within the five days, the governing body or the designated city official shall have the nuisance removed and shall certify the costs of the removal to the city clerk or the equivalent official, who shall cause a special tax bill for the removal to be prepared against the property and collected by the collector with other taxes assessed on the property, and to be assessed any interest and penalties for delinquency as other delinquent tax bills are assessed as permitted by law.

              4. The provisions of this section shall terminate on August 28, [2004] 2008."; and

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

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

            Representative Portwood offered House Amendment No. 9.

            Representative Shoemyer raised a point of order that the distribution of House Amendment No. 9 was not timely.

            The Chair ruled the point of order well taken.

            Representative Wagner offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for House Bill No. 58, Section 321.322, Page 21, Line 57, by deleting the word “has”; and

              Further amend said section and page, Line 58, by deleting all of said line and inserting in lieu thereof the following:

              “is a city of the fourth classification with more than eight thousand nine hundred but fewer than nine thousand inhabitants,”; and

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

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

            Representative Pratt offered House Amendment No. 11.

            Representative Byrd raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Shoemyer offered House Amendment No. 12.

            Speaker Pro Tem Bearden assumed the Chair.

            Representative Myers raised a point of order that House Amendment No. 12 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Burnett offered House Amendment No. 13.

House Amendment No. 13

AMEND House Committee Substitute for House Bill No. 58, Section 2, Page 26, Line 8, by inserting immediately after all of said line the following:

              “Section 3. The Missouri housing development commission is prohibited from awarding grants or loans to any home rule city with more than four hundred thousand inhabitants and located in more than one county unless the governing body of such city has implemented oversight procedures to review expenditures and development plans for all housing contracts in excess of seventy-five thousand dollars.”; and

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

            On motion of Representative Burnett, House Amendment No. 13 was adopted.

            Representative Witte offered House Amendment No. 14.

House Amendment No. 14

AMEND House Committee Substitute for House Bill No. 58, Page 14, Section 82.1025, Line 25, by inserting after all of said line the following:

              "94.700. The following words, as used in sections 94.700 to 94.755, shall have the following meaning unless a different meaning clearly appears from the context:

              (1) "City" shall mean any incorporated city, town, or village in the state of Missouri with a population of [two] one hundred or more, but the term "city" does not include any city not within a county or any city of over four hundred thousand inhabitants wholly or partially within a first class county;

              (2) "City transit authority" shall mean a commission or board created by city charter provision or by ordinance of a city, and which operates a public mass transportation system;

              (3) "City utilities board" shall mean a board or commission created by city charter provision or by ordinance of a city, which controls and operates city-owned utilities including a public mass transportation system;

              (4) "Director of revenue" shall mean the director of revenue of the state of Missouri;

              (5) "Interstate transportation authority" shall mean any political subdivision created by compact between this state and another state, which is a body corporate and politic and a political subdivision of both contracting states, and which operates a public mass transportation system;

              (6) "Interstate transportation district" shall mean that geographical area set forth and defined in the particular compact between this state and another state;

              (7) "Person" shall mean an individual, corporation, partnership, or other entity;

              (8) "Public mass transportation system" shall mean a transportation system or systems owned and operated by an interstate transportation authority, a municipality, a city transit authority, or a city utilities board, employing motor buses, rails or any other means of conveyance, by whatsoever type or power, operated for public use in the conveyance of persons, mainly providing local transportation service within an interstate transportation district or municipality;

              (9) "Transportation purposes" shall mean financial support of a "public mass transportation system"; the construction, reconstruction, repair and maintenance of streets, roads and bridges within a municipality; the construction, reconstruction, repair and maintenance of airports owned and operated by municipalities; the acquisition of lands and rights-of-way for streets, roads, bridges and airports; and planning and feasibility studies for streets, roads, bridges, and airports. "Bridges" shall include bridges connecting a municipality with another municipality either within or without the state, with an unincorporated area of the state, or with another state or an unincorporated area thereof."; and

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

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

            Representative Villa offered House Amendment No. 15.

House Amendment No. 15

AMEND House Committee Substitute for House Bill No. 58, Page 19, Section 250.140, Line 14, by deleting the word “sixty” and inserting in lieu thereof the word “ninety”; and

              Further amend said bill, Section 250.140, Line 15, by deleting the word “sixty” and inserting in lieu thereof the word “ninety”.

            Representative Johnson (47) offered House Amendment No. 1 to House Amendment No. 15.

            House Amendment No. 1 to House Amendment No. 15 was withdrawn.

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

            Representative Schneider offered House Amendment No. 16.

House Amendment No. 16

AMEND House Committee Substitute for House Bill No. 58, Section 82.305, Page 13, Line 9 of said substitute, by inserting the following lines:

              "83.206. No municipal governing body shall adopt any ordinance that conflicts with or supercedes any state law concerning the natural resources and conservation of the state."; and

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

            HCS HB 58, as amended, with House Amendment No. 16, pending, was laid over.

MESSAGES FROM THE SENATE

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HCS HB 393, as amended, and grants the House a conference thereon.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS SCS HCS HB 393, as amended: Senators Scott, Bartle, Shields, Callahan and Wheeler.

APPOINTMENT OF CONFERENCE COMMITTEE

            The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:

SS SCS HCS HB 393, as amended:  Representatives Byrd, Pratt, Richard, Burnett and Johnson (90).

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

AFTERNOON SESSION

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

            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Wesley Hjelm, Bailey Seward, Jacob Benson and Luke Benson.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 1270

                        through

            House Resolution No. 1273 - Representative Bringer

            House Resolution No. 1274 - Representative Jetton

            House Resolution No. 1275

                        and

            House Resolution No. 1276 - Representative Jolly

            House Resolution No. 1277 - Representative Hunter

            House Resolution No. 1278 - Representative Cooper (158)

            House Resolution No. 1279 - Representative Brown (30)

            House Resolution No. 1280 - Representative Nieves

            House Resolution No. 1281

                        and

            House Resolution No. 1282 - Representative Avery

            House Resolution No. 1283 - Representative Wright (137)

            House Resolution No. 1284 - Representative Bivins, et al.

            House Resolution No. 1285

                        through

            House Resolution No. 1298 - Representative Jackson

PERFECTION OF HOUSE BILL

            HCS HB 348, relating to military preparedness and enhancement, was taken up by Representative Pearce.

            Representative Pearce offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 348, Section 41.1013, Pages 3 and 4, by deleting all of said section and inserting in lieu thereof the following:

              “41.1013. 1. The governing body or county planning commission, if any, of any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants shall provide for the planning, zoning, subdivision and building within all or any portion of the unincorporated area extending three thousand feet outward from the boundaries of any military base located in such county and the area within the perimeter of accident potential zones one and two if the county has a zoning commission and a board of adjustment established under sections 64.510 to 64.727, RSMo. As used in this section, the term “accident potential zones one and two” means any land area that was identified in the April, 1976 Air Installation Compatible Use Zone Report at the north and south ends of the clear zone of a military installation located in any county of the second classification with more than forty-eight thousand two hundred but fewer than forty-eight thousand three hundred inhabitants and which is in significant danger of aircraft accidents by being beneath that airspace where the potential for aircraft accidents is most likely to occur.”; and

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

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

            On motion of Representative Pearce, HCS HB 348, as amended, was adopted by the following vote:

            On motion of Representative Pearce, HCS HB 348, as amended, was ordered perfected and printed.

THIRD READING OF HOUSE BILLS - CONSENT

            HB 40, relating to industrial development corporations, was taken up by Representative Tilley.

            On motion of Representative Tilley, HB 40 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            The emergency clause was adopted by the following vote:

            HCS HB 56, relating to referrals for health care services, was taken up by Representative Threlkeld.

            On motion of Representative Threlkeld, HCS HB 56 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HB 127, relating to fire protection district boards, was taken up by Representative Bivins.

            On motion of Representative Bivins, HB 127 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS HB 47, relating to consolidated public library districts, was taken up by Representative Brown (30).

            On motion of Representative Brown (30), HCS HB 47 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            The emergency clause was defeated by the following vote:

            HCS HBs 163, 213 & 216, relating to Veterans' medallion programs, was taken up by Representative Smith (14).

            On motion of Representative Smith (14), HCS HBs 163, 213 & 216 was read the third time and passed by the following vote: