Journal of the House

Second Regular Session, 95th General Assembly

FORTIETH DAY, Tuesday, March 23, 2010

The House met pursuant to adjournment.

            Speaker Pro Tem Pratt in the Chair.

            Prayer by Msgr. Donald W. Lammers.

              Almighty God, we thank You for springtime, with its steady increase of daylight. We thank You for the warm sunshine, nurturing the greening of lawns and landscapes, fields and forests.

              We pray for our nation, as the health care legislation passed on Sunday is signed into law today. May Your divine power guide those who continue to be passionately concerned about this legislation and those responsible for its implementation, so that it leads to good outcomes for our people and for our nation as a whole.

              Lord God, inspire us who are responsible in any way for human law to bow always before Your divine law.

              To You be glory and praise forever. 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: Jessica Gardner, Megan Graves, Kristina Assaf, Katie Hayes, Stephen Plassmeyer, Kylie Meyer, Evan M. Davies-Sigmund, Randi Prock, Shaylee Miller, Tony Carr, Tyler Swearingin, Nick Hurshman, Madasyn Scarlett, Samuel Pruitt, Nathan Hurshman, A.J. Lynn, Dustin Reaves, Jacob Bean and Jonathan Shuler.

            The Journal of the thirty-ninth day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1336 through House Resolution No. 1362

HOUSE CONCURRENT RESOLUTION

Representative Bringer offered House Concurrent Resolution No. 74.

SECOND READING OF HOUSE BILLS

HB 2355 through HB 2361 were read the second time.

SECOND READING OF SENATE BILLS

SCS SB 700, SCS SB 782, SB 851, SB 860, SCS SB 862, SCS SB 863, SCS SB 915, SB 919, SB 929, SCS SB 942 and SB 981 were read the second time.

            Speaker Richard assumed the Chair.

            Speaker Pro Tem Pratt resumed the Chair.

PERFECTION OF HOUSE BILL

            HCS HB 2198, relating to motor vehicle franchise practices, was taken up by Representative Parson.

            Representative Witte raised a point of order that HCS HB 2198 is not in order pursuant to Rule 47.

            The Chair ruled the point of order well taken.

MOTION

            Representative Tilley moved to suspend Rule 47 in order to take up HCS HB 2198 and HCS HB 2001 through HCS HB 2013.

            Representative Roorda requested a division of the question on the motion to suspend Rule 47.

Part I: Suspension of Rule 47 on HCS HB 2198.

            On motion of Representative Tilley, Part I was adopted by the following vote:

Part II: Suspension of Rule 47 on HCS HB 2001 through HCS HB 2013.

            On motion of Representative Tilley, Part II was adopted by the following vote:

PERFECTION OF HOUSE BILL

            HCS HB 2198, relating to motor vehicle franchise practices, was again taken up by Representative Parson.

            Representative Parson offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 2198, Page 2, Section 407.812, Line 6, by striking the following “, circumvents,”; and

              Further amend said substitute, Page 3, Section 407.815, Line 46, by striking the following “, parts and service manuals,”; and

              Further amend said substitute, Page 19, Section 407.825, Line 217, by inserting immediately before the word “data” the word “required”; and

              Further amend said page and section, Line 237, by striking the word “eighteen” and insert in lieu thereof the word “twelve”; and

              Further amend said substitute, Page 24, Section 407.825, Line 404, by inserting immediately after the word “shall” the word “not”; and

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

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

            On motion of Representative Parson, HCS HB 2198, as amended, was adopted.

            On motion of Representative Parson, HCS HB 2198, as amended, was ordered perfected and printed.

HOUSE CONCURRENT RESOLUTION

            HCR 46, relating to greenhouse gases, was taken up by Representative Funderburk.

            Representative Oxford offered House Amendment No. 1.

            Representative Jones (89) raised a point of order that House Amendment No. 1 goes beyond the scope of the resolution.

            The Chair ruled the point of order well taken.

            HCR 46 was laid over.

            On motion of Representative Tilley, the House recessed until 2:15 p.m.

AFTERNOON SESSION

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

HOUSE CONCURRENT RESOLUTION

            HCR 46, relating to greenhouse gases, was again taken up by Representative Funderburk.

            On motion of Representative Funderburk, HCR 46 was adopted by the following vote:

PERFECTION OF HOUSE BILL

            HCS HB 1684, relating to economic development, was taken up by Representative Zerr.

            Representative Flook offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1684, Page 53, Section 620.1920, Line 5, by deleting all of said line and inserting in lieu thereof the following:

              "(2) "Expansion", the addition of net new jobs in this state or a significant capital investment;"; and

              Further amend said bill, Page 54, Section 620.1920, Lines 19 to 22, by deleting all of said lines and inserting in lieu thereof the following:

              "Upon an objective finding of an economic benefit to the state, the director of the department shall authorize an increase in the amount of tax credit, withholding percentage, or other economic benefit that a Missouri business expansion project would otherwise qualify for, up to a total of an additional ten percent, under the following:"; and

              Further amend said bill, Page 54, Section 620.1920, Lines 30 to 33, by deleting all of said lines and inserting in lieu thereof the following:

              "section 178.894; or

              (6) The quality jobs tax credit or withholding tax retention authorized under section 620.1881;"; and

              Further amend said bill, Page 54, Section 620.1920, Line 36, by deleting all of said line and inserting in lieu thereof the following:

              "or any of the regulations promulgated under subdivisions (1) to (6) of this subsection."; and

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

            On motion of Representative Flook, House Amendment No. 1 was adopted by the following vote:

            Representative Molendorp offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1684, Page 1, Section A, Line 5, by inserting after all of said line:

              “67.1461. 1. Each district shall have all the powers, except to the extent any such power has been limited by the petition approved by the governing body of the municipality to establish the district, necessary to carry out and effectuate the purposes and provisions of sections 67.1401 to 67.1571 including, but not limited to, the following:

              (1) To adopt, amend, and repeal bylaws, not inconsistent with sections 67.1401 to 67.1571, necessary or convenient to carry out the provisions of sections 67.1401 to 67.1571;

              (2) To sue and be sued;

              (3) To make and enter into contracts and other instruments, with public and private entities, necessary or convenient to exercise its powers and carry out its duties pursuant to sections 67.1401 to 67.1571;

              (4) To accept grants, guarantees and donations of property, labor, services, or other things of value from any public or private source;

              (5) To employ or contract for such managerial, engineering, legal, technical, clerical, accounting, or other assistance as it deems advisable;

              (6) To acquire by purchase, lease, gift, grant, bequest, devise, or otherwise, any real property within its boundaries, personal property, or any interest in such property;

              (7) To sell, lease, exchange, transfer, assign, mortgage, pledge, hypothecate, or otherwise encumber or dispose of any real or personal property or any interest in such property;

              (8) To levy and collect special assessments and taxes as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivision (5) of section 137.100, RSMo. Those exempt pursuant to subdivision (5) of section 137.100, RSMo, may voluntarily participate in the provisions of sections 67.1401 to 67.1571;

              (9) If the district is a political subdivision, to levy real property taxes and business license taxes in the county seat of a county of the first classification containing a population of at least two hundred thousand, as provided in sections 67.1401 to 67.1571. However, no such assessments or taxes shall be levied on any property exempt from taxation pursuant to subdivisions (2) and (5) of section 137.100, RSMo. Those exempt pursuant to subdivisions (2) and (5) of section 137.100, RSMo, may voluntarily participate in the provisions of sections 67.1401 to 67.1571;

              (10) If the district is a political subdivision, to levy sales taxes pursuant to sections 67.1401 to 67.1571;

              (11) To fix, charge, and collect fees, rents, and other charges for use of any of the following:

              (a) The district's real property, except for public rights-of-way for utilities;

              (b) The district's personal property, except in a city not within a county; or

              (c) Any of the district's interests in such real or personal property, except for public rights-of-way for utilities;

              (12) To borrow money from any public or private source and issue obligations and provide security for the repayment of the same as provided in sections 67.1401 to 67.1571;

              (13) To loan money as provided in sections 67.1401 to 67.1571;

              (14) To make expenditures, create reserve funds, and use its revenues as necessary to carry out its powers or duties and the provisions and purposes of sections 67.1401 to 67.1571;

              (15) To enter into one or more agreements with the municipality for the purpose of abating any public nuisance within the boundaries of the district including, but not limited to, the stabilization, repair or maintenance or demolition and removal of buildings or structures, provided that the municipality has declared the existence of a public nuisance;

              (16) Within its boundaries, to provide assistance to or to construct, reconstruct, install, repair, maintain, and equip any of the following public improvements:

              (a) Pedestrian or shopping malls and plazas;

              (b) Parks, lawns, trees, and any other landscape;

              (c) Convention centers, arenas, aquariums, aviaries, and meeting facilities;

              (d) Sidewalks, streets, alleys, bridges, ramps, tunnels, overpasses and underpasses, traffic signs and signals, utilities, drainage, water, storm and sewer systems, and other site improvements;

              (e) Parking lots, garages, or other facilities;

              (f) Lakes, dams, and waterways;

              (g) Streetscape, lighting, benches or other seating furniture, trash receptacles, marquees, awnings, canopies, walls, and barriers;

              (h) Telephone and information booths, bus stop and other shelters, rest rooms, and kiosks;

              (i) Paintings, murals, display cases, sculptures, and fountains;

              (j) Music, news, and child-care facilities; [and]

              (k) Any property, device, structure, or equipment necessary for the acquisition, installation, equipping, and improvement of any real or personal property used for the purpose of creating a solar photovoltaic project or a solar thermal energy project, whether such real or personal property is publicly or privately owned; and

              (l) Any other useful, necessary, or desired improvement;

              (17) To dedicate to the municipality, with the municipality's consent, streets, sidewalks, parks, and other real property and improvements located within its boundaries for public use;

              (18) Within its boundaries and with the municipality's consent, to prohibit or restrict vehicular and pedestrian traffic and vendors on streets, alleys, malls, bridges, ramps, sidewalks, and tunnels and to provide the means for access by emergency vehicles to or in such areas;

              (19) Within its boundaries, to operate or to contract for the provision of music, news, child-care, or parking facilities, and buses, minibuses, or other modes of transportation;

              (20) Within its boundaries, to lease space for sidewalk café tables and chairs;

              (21) Within its boundaries, to provide or contract for the provision of security personnel, equipment, or facilities for the protection of property and persons;

              (22) Within its boundaries, to provide or contract for cleaning, maintenance, and other services to public and private property, including, but not limited to, real or personal property installed as part of a special energy improvement project;

              (23) To produce and promote any tourism, recreational or cultural activity or special event in the district by, but not limited to, advertising, decoration of any public place in the district, promotion of such activity and special events, and furnishing music in any public place;

              (24) To support business activity and economic development in the district including, but not limited to, the promotion of business activity, development and retention, and the recruitment of developers and businesses;

              (25) To provide or support training programs for employees of businesses within the district;

              (26) To provide refuse collection and disposal services within the district;

              (27) To contract for or conduct economic, planning, marketing or other studies;

              (28) To repair, restore, or maintain any abandoned cemetery on public or private land within the district; and

              (29) To carry out any other powers set forth in sections 67.1401 to 67.1571.

              2. Each district which is located in a blighted area or which includes a blighted area shall have the following additional powers:

              (1) Within its blighted area, to contract with any private property owner to demolish and remove, renovate, reconstruct, or rehabilitate any building or structure owned by such private property owner; and

              (2) To expend its revenues or loan its revenues pursuant to a contract entered into pursuant to this subsection, provided that the governing body of the municipality has determined that the action to be taken pursuant to such contract is reasonably anticipated to remediate the blighting conditions and will serve a public purpose.

              3. Each district shall annually reimburse the municipality for the reasonable and actual expenses incurred by the municipality to establish such district and review annual budgets and reports of such district required to be submitted to the municipality; provided that, such annual reimbursement shall not exceed one and one-half percent of the revenues collected by the district in such year.

              4. Nothing in sections 67.1401 to 67.1571 shall be construed to delegate to any district any sovereign right of municipalities to promote order, safety, health, morals, and general welfare of the public, except those such police powers, if any, expressly delegated pursuant to sections 67.1401 to 67.1571.

              5. The governing body of the municipality establishing the district shall not decrease the level of publicly funded services in the district existing prior to the creation of the district or transfer the financial burden of providing the services to the district unless the services at the same time are decreased throughout the municipality, nor shall the governing body discriminate in the provision of the publicly funded services between areas included in such district and areas not so included.”; and  

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

            HCS HB 1684, as amended, with House Amendment No. 2, pending, was laid over.

PERFECTION OF HOUSE BILLS - APPROPRIATIONS

            HCS HB 2001, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2001 was laid over.

            HCS HB 2002, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2002 was laid over.

            HCS HB 2003, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2003 was laid over.

            HCS HB 2004, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2004 was laid over.

            HCS HB 2005, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2005 was laid over.

            HCS HB 2006, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2006 was laid over.

            HCS HB 2007, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2007 was laid over.

            HCS HB 2008, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2008 was laid over.

            HCS HB 2009, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2009 was laid over.

            HCS HB 2010, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2010 was laid over.

            HCS HB 2011, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2011 was laid over.

            HCS HB 2012, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2012 was laid over.

            HCS HB 2013, relating to appropriations, was taken up by Representative Icet.

            HCS HB 2013 was laid over.

            HCS HB 2001, relating to appropriations, was again taken up by Representative Icet.

            HCS HB 2001 was laid over.

            HCS HB 2002, relating to appropriations, was again taken up by Representative Icet.

            Representative Wallace offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 2002, Page 2, Section 2.015, Line 4, by deleting “3,110,093,730" and inserting “3,004,388,410"; and

              Further amend said bill, said page, said section, Line 12, by deleting “2,339,771,759" and inserting “2,234,066,439"; and

              Further amend said bill, Page 11, Section 2.275, Line 4, by deleting “2,185,038,859" and inserting “2,079,333,539"; and

              Further amend said bill by adjusting section and bill totals accordingly.

            On motion of Representative Wallace, House Amendment No. 1 was adopted by the following vote:

            Representative Icet offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 2002, Page 2, Section 2.015, Line 4, by inserting immediately after the word “formula” the following:

              “provided that, notwithstanding the provisions of Section 163.031, RSMo, to the contrary, the Department of Elementary and Secondary Education shall modify the foundation formula phase-in percentages pursuant to Section 163.031.4(5) to accommodate the total amount of available appropriations in fiscal year 2011”.

            On motion of Representative Icet, House Amendment No. 2 was adopted by the following vote:

            Representative Schoemehl offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 2002, Page 7, Section 2.132, Line 3, by deleting “100,000" and inserting “1"; and

              Further amend said bill by adjusting section and bill totals accordingly.

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

            Which motion was defeated.

            Representative McClanahan offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 2002, Page 2, Section 2.015, Line 18, by inserting immediately after the word “Program” the following:

              “, provided that preference be given to students with medical needs”; and

              Further amend said bill by adjusting section and bill totals accordingly.

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

            Which motion was defeated.

            Representative Silvey offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 2002, Page 1, Section 2.005, Line 6, by deleting “1,946,137" and inserting “1,803,637"; and

              Further amend said bill by adjusting section and bill totals accordingly.

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

            Representative Zerr offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 2002, Page 1, Section 2.005, Line 6, by deleting “1,946,137" and inserting “1,741,609"; and

              Further amend said bill by adjusting section and bill totals accordingly.

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

            Representative Schaaf offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 2002, Page 3, Section 2.020, Line 7, by deleting “295,689” and inserting “241,927”; and

              Further amend said bill, said page, said section, Line 14, by deleting “and University of Missouri – St. Louis Center” and inserting “University of Missouri – St. Louis Center, Missouri Southern State University Center, and Missouri Western State University Center”; and

              Further amend said bill, said page, said section, Line 16, by deleting “273,847” and inserting “224,056”; and

              Further amend said bill, said page, said section, Line 22, by deleting “and the University of Missouri – St. Louis Center” and inserting “, University of Missouri – St. Louis Center, Missouri Southern State University Center, and Missouri Western State University Center”; and

              Further amend said bill by adjusting section and bill totals accordingly.

            Representative Schaaf moved that House Amendment No. 7 be adopted.

            Which motion was defeated by the following vote:

            Representative Schaaf offered House Amendment No. 8.

            House Amendment No. 8 was withdrawn.

            Representative Dieckhaus offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for House Bill No. 2002, Page 2, Section 2.015, Line 6, by deleting “37,467,000" and inserting “33,367,000"; and

              Further amend said bill by adjusting section and bill totals accordingly.

            Representative Dieckhaus moved that House Amendment No. 9 be adopted.

            Which motion was defeated the following vote:

            Representative Curls offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for House Bill No. 2002, Page 2, Section 2.015, Line 20, by deleting “650,000" and inserting “150,000"; and

              Further amend said bill by adjusting section and bill totals accordingly.

            Representative Curls moved that House Amendment No. 10 be adopted.

            Which motion was defeated by the following vote:

            HCS HB 2002, as amended, was laid over.

            HCS HB 2003, relating to appropriations, was again taken up by Representative Icet.

            Representative Silvey offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 2003, Page 1, Section 3.005, Line 8, by deleting “994,724" and inserting “909,648"; and

              Further amend said bill by adjusting section and bill totals accordingly.

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

            Representative Stevenson offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 2003, Page 6, Section 3.145, Line 6, by deleting said line;

              Further amend said bill, said page, Section 3.150, Line 5, by deleting said line; and

              Further amend said bill, said page, Section 3.155, Line 5, by deleting said line; and

              Further amend said bill, Page 7, Section 3.160, Line 5, by deleting said line; and

              Further amend said bill, said page, Section 3.165, Line 5, by deleting said line; and

              Further amend said bill, said page, Section 3.170, Line 5, by deleting said line; and

              Further amend said bill, said page, Section 3.175, Line 5, by deleting said line; and

              Further amend said bill, Page 8, Section 3.180, Line 5, by deleting said line; and

              Further amend said bill, said page, Section 3.185, Line 5, by deleting said line; and

              Further amend said bill, said page, Section 3.190, Line 5, by deleting said line; and

              Further amend said bill, Page 9, Section 3.195, Line 5, by deleting said line; and

              Further amend said bill, Page 9, Section 3.200, Line 4, by deleting “372,329,131" and inserting “361,329,131"; and

              Further amend said bill, said page, said section, Line 6, by deleting said line; and

              Further amend said bill by adjusting section and bill totals accordingly.

            Representative Stevenson moved that House Amendment No. 2 be adopted.

            Which motion was defeated by the following vote: