House Journal
second extraordinary Session, 89th General Assembly
FIFTH DAY, Friday, September 12, 1997
Speaker Gaw in the Chair.
Prayer by Father Hugh Behan.
"Where your treasure is, there will your heart be also." (Lk. 12:34)
I spotted this T shirt message last week "Unless you practice, you have no right to the dream."
That challenging message can apply to our lives, to our work here, to the nation, to our religious
communities.
Too often, Eternal Father, we forget that we are locked in time, one day at a time, and we need
patience with ourselves, and with others until we get it right. Some of the cynicism about
politics and about organized religion, and about our other institutions is from our not
understanding that the practice is not over, and the dream is coming.
Press us forward, with your gentle but persistent prodding, gracious God, with more and better
practice, but give us that patient understanding with ourselves and others who are still working at
it. When the underbelly of our personal and institutional lives may be ugly at times, inspire us to
suit up and get out there to practice, focusing our eyes, and lifting our hearts, up to the dream, the
ideal that is set before us. Amen."
The Pledge of Allegiance to the flag was recited.
The Journal of the fourth day was approved as corrected.
COMMITTEE REPORT
Committee on Budget, Chairman Franklin reporting:
Mr. Speaker: Your Committee on Budget, to which was referred HCS SB 1 (Fiscal Note), begs
leave to report it has examined the same and recommends that it Do Pass.
SUPPLEMENTAL CALENDAR
FIFTH DAY, FRIDAY, SEPTEMBER 12, 1997
SENATE BILL FOR THIRD READING
SB 3, HCA 1 - Leake
THIRD READING OF SENATE BILLS
SB 3, with House Committee Amendment No. 1, relating to sewer corporations, was taken up
by Representative Leake.
On motion of Representative Leake, House Committee Amendment No. 1 was adopted.
On motion of Representative Leake, SB 3, as amended, was read the third time and passed by
the following vote:
AYES: 149
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bauer Bennett 15
Berkstresser Bland Boatright Boucher Bray 84
Broach Burton Campbell Carter Champion
Chrismer Cierpiot Clayton Cooper Copeland
Crawford Crump Daniel 42 Daniels 41 Davis 63
Davis 122 Days DeMarce Dolan Donovan
Dougherty Edwards-Pavia Enz Evans Farnen
Fitzwater Foley Foster Franklin Fritts
Froelker Gaskill Gaston Gibbons Graham 24
Graham 106 Gratz Green Griesheimer Gross
Gunn Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hilgemann Holand Hollingsworth Hosmer Howerton
Johnson Kasten Kauffman Kelley 47 Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Marble May 108 Mays 50 McClelland Merideth
Miller Monaco Murphy Murray O'Connor
O'Toole Ostmann Overschmidt Parker Patek
Pouche Pryor Purgason Ransdall Reinhart
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Scott Secrest Seigfreid Shear Sheldon 104
Shelton 57 Shields Skaggs Smith Steen
Stokan Stoll Stroker Summers Surface
Thomason 163 Thompson 72 Townley Treadway Troupe
Van Zandt Vogel Wannenmacher Wiggins Williams 121
Williams 159 Wilson Wooten Mr. Speaker
NOES: 001
Hohulin
PRESENT: 000
ABSENT WITH LEAVE: 012
Bonner Elliott Ford Goward Hand
Hoppe McBride McLuckie Naeger Nordwald
Relford Thompson 37
VACANCY: 001
Speaker Gaw declared the bill passed.
On motion of Representative Clayton, title to the bill was agreed to.
Representative Fritts moved that the vote by which the bill passed be reconsidered.
Representative Fitzwater moved that motion lay on the table.
The latter motion prevailed.
HCS SB 1, relating to economic development, was taken up by Representative Rizzo.
Representative Rizzo offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Bill No. 1, Page 23, Section 99.845, Lines 209
through 218, by deleting all of said lines and inserting in lieu thereof the following:
"13. All personnel and other costs incurred by the department of economic development
for the administration and operation of subsections 4. to 12. of this section shall be paid
from the state's general revenue fund. On an annual basis, the general revenue fund shall
be reimbursed for the full amount of such costs by the developer or developers of the
project or projects for which municipalities have made tax increment financing
applications for the appropriation of new state revenues, as provided for in subdivision (1)
of subsection 10. of this section. The amount of costs charged to each developer shall be
based upon the percentage arrived at by dividing the monetary amount of the application
made by each municipality for a particular project by the total monetary amount of all
applications received by the department of economic development."
On motion of Representative Rizzo, House Amendment No. 1 was adopted.
Representative Rizzo offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for Senate Bill No. 1, Page 50, Section 135.460,
Subsection 9, Lines 63-64 of said subsection, by deleting the following: "in computing
Missouri's tax liability".
On motion of Representative Rizzo, House Amendment No. 2 was adopted.
Representative Gross offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for Senate Bill No. 1, Page 7, Section 99.805, Line 41, by
inserting immediately after "redevelopment" the following: "will not be used for development
of commercial businesses which compete solely in the local economy and".
Representative Scheve assumed the Chair.
Representative Bennett offered House Amendment No. 1 to House Amendment No. 3.
House Amendment No. 1
to
House Amendment No. 3
AMEND House Amendment No. 3 to Senate Bill No. 1, Page 1, Line 2, by deleting the word
"commercial" and inserting in lieu thereof the word "retail"
Representative Bennett moved that House Amendment No. 1 to House Amendment No. 3 be
adopted.
Which motion was defeated.
Representative Gross moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 058
Akin Alter Backer Ballard Barnett 4
Bennett 15 Boatright Broach Burton Champion
Chrismer Cierpiot Crawford Days Dolan
Edwards-Pavia Enz Evans Foster Froelker
Gaskill Gaston Gibbons Gross Gunn
Hegeman Hendrickson Hohulin Howerton Kasten
Kissell Legan Levin Linton Long
Loudon Luetkenhaus Marble Miller Murphy
Naeger Ostmann Patek Pryor Purgason
Reinhart Richardson Ridgeway Schwab Scott
Secrest Steen Stokan Summers Surface
Townley Troupe Williams 159
NOES: 093
Auer Barry 100 Bartelsmeyer Bauer Berkstresser
Boucher Campbell Carter Clayton Cooper
Copeland Crump Daniel 42 Daniels 41 Davis 63
Davis 122 DeMarce Donovan Dougherty Farnen
Fitzwater Foley Ford Franklin Fritts
Graham 24 Graham 106 Gratz Green Griesheimer
Hagan-Harrell Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hickey Hilgemann Holand Hollingsworth Hoppe
Hosmer Johnson Kauffman Kelley 47 Kelly 27
Kennedy Koller Kreider Lakin Lawson
Leake Liese Lograsso May 108 Mays 50
McClelland McLuckie Merideth Monaco Murray
O'Connor O'Toole Overschmidt Parker Pouche
Ransdall Reynolds Rizzo Robirds Ross
Sallee Scheve Schilling Seigfreid Shear
Sheldon 104 Shelton 57 Shields Skaggs Smith
Stoll Stroker Thomason 163 Thompson 37 Thompson 72
Treadway Van Zandt Vogel Wannenmacher Wiggins
Williams 121 Wilson Wooten
PRESENT: 000
ABSENT WITH LEAVE: 011
Bland Bonner Bray 84 Elliott Goward
Hall Hand McBride Nordwald Relford
Mr. Speaker
VACANCY: 001
Representative Rizzo offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for Senate Bill No. 1, Page 4, Section 32.111, Line 6 of
said section, by deleting the words "participation in" and inserting in lieu thereof the word "of".
On motion of Representative Rizzo, House Amendment No. 4 was adopted.
Speaker Gaw resumed the Chair.
Representative Rizzo offered House Amendment No. 5.
House Amendment No. 5
AMEND House Committee Substitute for Senate Bill No. 1, Page 57, section 143.451., line 45,
by adding the numeral "80" immediately following the word "section", and
Further amend said bill, Page 58, Section 143.451., Lines 54 and 76, by adding the numeral "80"
immediately following the word "section" respectively on each of those lines, and
Further amend said bill, Page 58, Section 143.451., Lines 57 and 67, by adding the following: ",
as amended from time to time," immediately after "1940" respectively on each of those lines, and
Further amend said bill, Page 58, Section 143.451., Line 56, by deleting the word "Federal" and
inserting in lieu thereof the word "federal".
On motion of Representative Rizzo, House Amendment No. 5 was adopted.
Representative Rizzo offered House Amendment No. 6.
House Amendment No. 6
AMEND House Committee Substitute for Senate Bill No. 1, Page 57, Section 143.451, Line 45,
by adding the numeral "80" immediately following the word "section", and
Further amend said bill, Page 58, Section 143.451., Lines 54 and 76, by adding the numeral "80"
immediately following the word "section" respectively each of those lines, and
Further amend said bill, Page 58, Section 143.451., Lines 57 and 67, by adding the following: ",
as amended from time to time," immediately after "1940" respectively on each of those lines,
and
Further amend said bill, Page 58, Section 143.451., Line 56, by deleting the word "Federal" and
inserting in lieu thereof the word "federal".
On motion of Representative Rizzo, House Amendment No. 6 was adopted.
Representative Scheve offered House Amendment No. 7.
House Amendment No. 7
AMEND House Committee Substitute for Senate Bill No. 1., Page 54, Section 135.508, Line 10
by inserting after the word "company" the following: "which receives tax credits permitted
under sections 135.500 to 135.529 for an investment in a Missouri certified capital
company".
On motion of Representative Scheve, House Amendment No. 7 was adopted.
Representative Backer offered House Amendment No. 8.
House Amendment No. 8 was withdrawn.
Representative Lograsso offered House Amendment No. 8.
House Amendment No. 8
AMEND House Committee Substitute for Senate Bill No. 1, Page 50, Section 135.460, Line 41
and 42, by deleting all of the new language on said lines; and
Further amend said bill on Page 79, Section 15, Line 16, by deleting the words "selected by the
governor"
On motion of Representative Lograsso, House Amendment No. 8 was adopted.
Representative Graham (24) offered House Amendment No. 9.
House Amendment No. 9
AMEND House Committee Substitute for Senate Bill No. 1, Page 80, Section 17, Line 16, by
inserting after said line the following:
"Section 18. By July 1, 1998, the general assembly shall appropriate from the general
revenue fund an amount not less than one hundred thousand dollars and not more than
one hundred fifty thousand dollars to any county regional sewer district located in any
county of the first classification with a population of at least one hundred thousand
inhabitants but not more than one hundred fifty thousand inhabitants for the sole purpose
of planning and construction of a wastewater treatment facility."; and
Further amend said bill by amending the title and enacting clause accordingly.
Representative Graham (24) moved that House Amendment No. 9 be adopted.
Which motion was defeated by the following vote:
AYES: 047
Auer Backer Barry 100 Bauer Bland
Boucher Clayton Crump Daniel 42 Davis 63
Davis 122 DeMarce Dougherty Fitzwater Foley
Ford Graham 24 Gratz Green Gunn
Harlan Hickey Hilgemann Hoppe Kennedy
Kissell Liese May 108 Monaco Murray
O'Connor Overschmidt Parker Ransdall Reynolds
Rizzo Scheve Seigfreid Shear Shelton 57
Skaggs Stokan Stroker Treadway Troupe
Wilson Mr. Speaker
NOES: 101
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Berkstresser Boatright Bray 84 Broach
Burton Campbell Carter Champion Chrismer
Cierpiot Cooper Copeland Crawford Daniels 41
Days Dolan Donovan Edwards-Pavia Enz
Evans Foster Franklin Fritts Froelker
Gaskill Gaston Gibbons Graham 106 Griesheimer
Gross Hagan-Harrell Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hohulin Holand Hollingsworth
Hosmer Howerton Johnson Kasten Kauffman
Kelley 47 Kelly 27 Koller Kreider Lakin
Lawson Legan Levin Linton Lograsso
Loudon Luetkenhaus Marble Mays 50 McClelland
McLuckie Merideth Miller Murphy Naeger
O'Toole Ostmann Patek Pouche Pryor
Purgason Reinhart Richardson Ridgeway Robirds
Ross Sallee Schilling Schwab Scott
Secrest Sheldon 104 Shields Smith Steen
Stoll Summers Surface Thomason 163 Thompson 72
Townley Van Zandt Vogel Wannenmacher Williams 159
Wooten
PRESENT: 001
Farnen
ABSENT WITH LEAVE: 013
Bonner Elliott Goward Hall Hand
Leake Long McBride Nordwald Relford
Thompson 37 Wiggins Williams 121
VACANCY: 001
HCS SB 1, as amended, was laid over.
On motion of Representative Backer, the House recessed until 11:20 a.m.
The hour of recess having expired, the House was called to order by Speaker Gaw.
THIRD READING OF SENATE BILL
HCS SB 1, as amended, relating to economic development, was again taken up by
Representative Rizzo.
Representative Rizzo offered House Amendment No. 10.
House Amendment No. 10
AMEND House Committee Substitute for Senate Bill No. 1, Page 10, Section 99.810, Line 36,
by striking the word "and"; and
Further amend said bill, Page 10, Section 99.810, Line 38, by inserting at the end of said line
following: "; and
(7) By the last day of February each year, each commission shall report to the director of
economic development the name, address, phone number and primary line of business of
any business which is located in the state of Missouri but not in the district, which relocates
to the district. The director of the department of economic development shall compile and
report same to the governor, the speaker of the house and the president pro tempore of the
senate on the last day of April each year".
Representative Legan offered House Amendment No. 1 to House Amendment No. 10.
House Amendment No. 1
to
House Amendment No. 10
AMEND House Amendment No. 10 to House Committee Substitute for Senate Bill No. 1, Page
1, Section 99.810, Line 8, by striking the period and inserting in lieu thereof the following: "or
the creation of a district for the expansion of an existing business."
On motion of Representative Legan, House Amendment No. 1 to House Amendment No. 10 was
adopted.
Representative Bennett offered House Amendment No. 2 to House Amendment No. 10.
House Amendment No. 2
to
House Amendment No. 10
AMEND House Amendment No. 10 to House Committee Substitute for Senate Bill No. 1, Page
1, Section 7, Line 7, by deleting the words: "which is located in the state of Missouri but not
in the district,"
On motion of Representative Bennett, House Amendment No. 2 to House Amendment No. 10
was adopted.
On motion of Representative Rizzo, House Amendment No. 10, as amended, was adopted.
Representative Scheve offered House Amendment No. 11.
House Amendment No. 11
AMEND House Committee Substitute for Senate Bill No. 1, Page 10, Section 99.810, Line 38,
by inserting immediately after all said line the following:
"99.811. Prior to adoption of an ordinance approving a redevelopment project but after
the public hearing required under subsection 1 of section 99.825, a municipality which is
located in a county of the first class having a population of nine hundred thousand or more
shall first obtain the approval, by resolution, of the governing body of the county with
respect to the fiscal impact of the redevelopment project. The county shall fix a time and
place for a public hearing, notice of which shall be given by publication not more than
fifteen days prior to the hearing in a newspaper of general circulation in the area of the
proposed redevelopment. The county shall also undertake a cost-benefit analysis, the cost
of which shall be defrayed by the municipality, and assess the economic impact of the
proposed redevelopment project on the county as a whole, taking into account the effect of
the proposed redevelopment project on the other businesses and other municipalities
within the county, including, but not limited to, the effect on other tax increment financing
districts established within the county. The county shall approve the redevelopment
project if it determines that the net fiscal impact of the proposed redevelopment on the
county as a whole is not negative."; and
Further amend said bill, Page 23, Section 99.865, Line 4, by inserting immediately after
"development" the following: "and, if the municipality is not a county but is located in a
county of the first class having a population of nine hundred thousand or more, to the
governing body of the county in which the municipality is located"; and
Further amend the title and enacting clause accordingly.
Representative Legan offered House Amendment No. 1 to House Amendment No. 11.
House Amendment No. 1
to
House Amendment No. 11
AMEND House Amendment No. 11 to House Committee Substitute for Senate Bill No. 1, Page
1, Section 99.810, Line 4, by inserting an opening bracket following 99.825; and
Further amend said amendment by placing a closing bracket following the word "more" on line
6.
Representative Legan moved that House Amendment No. 1 to House Amendment No. 11 be
adopted.
Which motion was defeated.
Representative Griesheimer offered House Amendment No. 2 to House Amendment No. 11.
House Amendment No. 2
to
House Amendment No. 11
AMEND House Amendment No. 11 to House Committee Substitute for Senate Bill No. 1, Page
1, Section 99.811, Line 4, by adding immediately after the word "located" the word "wholly".
On motion of Representative Griesheimer, House Amendment No. 2 to House Amendment No.
11 was adopted.
Representative Murphy offered House Amendment No. 3 to House Amendment No. 11.
House Amendment No. 3
to
House Amendment No. 11
AMEND House Amendment No. 11 to House Committee Substitute for Senate Bill No. 1, Page
2, Section 99.811, Line 3, by adding the following at the end of said line: "The provisions of
this section shall be effective May 1, 1997".
Representative Murphy moved that House Amendment No. 3 to House Amendment No. 11 be
adopted.
Which motion was defeated.
Representative Legan offered House Amendment No. 4 to House Amendment No. 11.
House Amendment No. 4
to
House Amendment No. 11
AMEND House Amendment No. 11 to House Committee Substitute for Senate Bill No. 1, Page
1, Section 99.810, by placing an opening bracket following 99.825 on said line; and
Further amend said bill, Line 6, by placing a closing bracket following the word "more"; and
Further amend said amendment by inserting in lieu of the following: "in all counties of the state
except a county of the 1st class with a charter form of government containing a population of
more than 400,000 and less than 750,000".
Representative Legan moved that House Amendment No. 4 to House Amendment No. 11 be
adopted.
Which motion was defeated.
Representative Scheve moved that House Amendment No. 11, as amended, be adopted.
Which motion was defeated by the following vote:
AYES: 033
Auer Bland Boucher Bray 84 Carter
Clayton Copeland Crump Daniel 42 Davis 122
Days Farnen Fitzwater Franklin Harlan
Legan Luetkenhaus McLuckie Murphy Overschmidt
Richardson Rizzo Scheve Shear Shelton 57
Smith Thomason 163 Thompson 37 Troupe Van Zandt
Williams 121 Williams 159 Wilson
NOES: 110
Akin Alter Barnett 4 Barry 100 Bartelsmeyer
Bauer Bennett 15 Berkstresser Boatright Broach
Burton Campbell Champion Chrismer Cierpiot
Cooper Crawford Davis 63 DeMarce Dolan
Donovan Dougherty Edwards-Pavia Enz Evans
Foley Ford Foster Fritts Froelker
Gaskill Gaston Gibbons Graham 24 Graham 106
Gratz Green Griesheimer Gross Gunn
Hagan-Harrell Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hilgemann Hohulin Hoppe
Hosmer Howerton Johnson Kasten Kauffman
Kelley 47 Kelly 27 Kennedy Kissell Lakin
Lawson Levin Liese Linton Lograsso
Long Loudon Marble May 108 Mays 50
McClelland Merideth Miller Monaco Murray
O'Connor O'Toole Ostmann Parker Patek
Pouche Pryor Purgason Ransdall Reinhart
Reynolds Ridgeway Robirds Ross Sallee
Schilling Schwab Secrest Seigfreid Sheldon 104
Shields Skaggs Stokan Stoll Stroker
Summers Surface Thompson 72 Townley Treadway
Vogel Wannenmacher Wiggins Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 019
Backer Ballard Bonner Daniels 41 Elliott
Goward Hall Hand Holand Hollingsworth
Koller Kreider Leake McBride Naeger
Nordwald Relford Scott Steen
VACANCY: 001
Representative Rizzo offered House Amendment No. 12.
House Amendment No. 12
AMEND House Committee Substitute for Senate Bill No. 1, Page 61, Section 143.451, Line 185,
by inserting immediately after all of said line, the following:
"9. Any investment funds service corporation organized as a corporation or S corporation
which has any shareholders residenced in this state shall be subject to Missouri income tax
as provided in this chapter."
Representative Lograsso offered House Amendment No. 1 to House Amendment No. 12.
House Amendment No. 1
to
House Amendment No. 12
AMEND House Amendment No. 12 to House Committee Substitute for Senate Bill No. 1, Page
1, Section 143.451, Line 3, by adding after the word "which" the following: "is organized in
Missouri and which".
On motion of Representative Lograsso, House Amendment No. 1 to House Amendment No. 12
was adopted.
On motion of Representative Rizzo, House Amendment No. 12, as amended, was adopted.
Representative Gratz offered House Amendment No. 13.
House Amendment No. 13
AMEND House Committee Substitute for Senate Bill No. 1, Page 65, Section 253.550, Line 4 of
said section by inserting immediately after the figure "143" the following: "and chapter 148,";
and
Further amend said bill, Page 65, Section 253.550, Line 6 of said section, by deleting "after the
effective date hereof" and inserting in lieu thereof the following: "with respect to such eligible
property".
On motion of Representative Gratz, House Amendment No. 13 was adopted.
Representative Bray offered House Amendment No. 14.
House Amendment No. 14
AMEND House Committee Substitute for Senate Bill No. 1, Page 19, Section 99.845, Line 54,
by inserting after the word "motels," the following: "taxes levied pursuant to section 94.660,
RSMo, for the purpose of public transportation,".
On motion of Representative Bray, House Amendment No. 14 was adopted.
Representative Kissell offered House Amendment No. 15.
House Amendment No. 15
AMEND House Committee Substitute for Senate Bill No. 1, by inserting immediately after said
line the following:
"Section 21. The task force on trade and investment within the department of economic
development and the state highways and transportation commission, or its designee within
the department of transportation, shall identify those airports that are crucial to the overall
economic development of the state, and assist those airports to better promote travel,
education, trade and commerce as it relates to the economic development of the state. Such
airports shall include but not be limited to any privately owned airports designated as
reliever airports by the Federal Aviation Administration, any airports owned by an
instrumentality of the state, including any state agency which owns or operates an airport
as of January 1, 1997, or any state educational institution as defined in section 176.010,
RSMo.
2. Those airports identified pursuant to subsection 1 of this section shall be eligible to
apply for grants from the aviation trust fund, pursuant to the conditions established in
section 305.230."; and
Further amend said bill by renumbering the remaining sections accordingly; and
Further amend the title and enacting clause accordingly.
On motion of Representative Kissell, House Amendment No. 15 was adopted.
Representative Schilling offered House Amendment No. 16.
House Amendment No. 16
AMEND House Committee Substitute for Senate Bill No. 1, Page 79, Section 17, by deleting all
of said section.
Representative Schilling moved that House Amendment No. 16 be adopted.
Which motion was defeated.
Representative Wilson offered House Amendment No. 17.
House Amendment No. 17
AMEND House Committee Substitute for Senate Bill No. 1, Page 73, Section 3, Line 12, by
inserting immediately after the word "development" the following: "corporation".
On motion of Representative Wilson, House Amendment No. 17 was adopted.
Representative Harlan offered House Amendment No. 18.
House Amendment No. 18
AMEND House Committee Substitute for Senate Bill No. 1, Page 80, Section 17, Line 16, by
inserting immediately after said line, the following: "Section 18. 1. Any business entity that
offers health insurance benefits to any of its employees and is otherwise eligible to receive a
tax benefit pursuant to any provision of chapter 99, 135 or 178, RSMo, shall not receive
any such tax benefit unless such business offers the health insurance plan on the same
financial terms to all of its full-time employees, and on a prorated basis for its part-time
employees.
2. The director of the department of revenue shall promulgate rules and regulations to
administer the provisions of this section. No rule or portion of a rule promulgated
pursuant to the authority of this section shall become effective unless it has been
promulgated pursuant to the provisions of chapter 536, RSMo."; and
Further amend the title and enacting clause accordingly.
Representative Harlan offered House Amendment No. 1 to House Amendment No. 18.
House Amendment No. 1
to
House Amendment No. 18
AMEND House Amendment No. 18 to House Committee Substitute for Senate Bill No. 1,
Section 18, Line 8, by adding after the words "part-time employees" the words "who work
1,000 hours or more per year".
On motion of Representative Harlan, House Amendment No. 1 to House Amendment No. 18
was adopted.
On motion of Representative Harlan, House Amendment No. 18, as amended, was adopted by
the following vote:
AYES: 074
Backer Barry 100 Bauer Bland Boucher
Bray 84 Campbell Carter Clayton Crump
Daniel 42 Daniels 41 Davis 63 Davis 122 Days
DeMarce Donovan Dougherty Farnen Fitzwater
Foley Ford Franklin Fritts Graham 24
Gratz Green Gunn Hagan-Harrell Harlan
Heckemeyer Hickey Hilgemann Hollingsworth Hoppe
Hosmer Johnson Kelly 27 Kennedy Kreider
Lakin Lawson Leake Liese Luetkenhaus
May 108 Mays 50 McLuckie Monaco Murphy
Murray O'Connor Overschmidt Parker Reynolds
Rizzo Scheve Schilling Shear Sheldon 104
Shelton 57 Skaggs Smith Stokan Stoll
Stroker Thompson 72 Treadway Troupe Van Zandt
Williams 121 Williams 159 Wilson Mr. Speaker
NOES: 070
Akin Alter Barnett 4 Bartelsmeyer Bennett 15
Berkstresser Boatright Broach Burton Champion
Chrismer Cierpiot Cooper Crawford Dolan
Edwards-Pavia Enz Evans Foster Froelker
Gaskill Gaston Gibbons Graham 106 Griesheimer
Gross Hartzler 123 Hartzler 124 Hegeman Hendrickson
Hohulin Holand Howerton Kasten Kauffman
Kelley 47 Legan Levin Linton Lograsso
Long Loudon McClelland Merideth Miller
Naeger Ostmann Patek Pouche Pryor
Purgason Ransdall Reinhart Richardson Ridgeway
Robirds Ross Sallee Schwab Scott
Secrest Seigfreid Shields Steen Summers
Thomason 163 Townley Vogel Wannenmacher Wooten
PRESENT: 002
Auer Kissell
ABSENT WITH LEAVE: 016
Ballard Bonner Copeland Elliott Goward
Hall Hand Koller Marble McBride
Nordwald O'Toole Relford Surface Thompson 37
Wiggins
VACANCY: 001
Representative Shields requested a verification of Roll Call No. 6.
Representative Wilson offered House Amendment No. 19.
House Amendment No. 19
AMEND House Committee Substitute for Senate Bill No. 1, Page 75, Section 9, Line 3, by
deleting from said line the word "two" that appears immediately before the word "cities"; and
Further amend said bill, Page 76, Section 10, Line 5, by adding immediately after the word
"county" the following: "or any city with a population greater than 50,000 located in any
county of the first classification with a population of at least one hundred thousand
inhabitants but not more than one hundred fifty thousand inhabitants".
On motion of Representative Wilson, House Amendment No. 19 was adopted by the following
vote:
AYES: 082
Auer Backer Barry 100 Bartelsmeyer Bauer
Berkstresser Bland Boucher Bray 84 Campbell
Carter Champion Clayton Copeland Crump
Daniel 42 Daniels 41 Davis 63 Davis 122 Days
DeMarce Dolan Donovan Dougherty Farnen
Fitzwater Foley Ford Franklin Fritts
Gaskill Graham 24 Green Gunn Hagan-Harrell
Harlan Heckemeyer Hickey Hilgemann Hollingsworth
Hoppe Hosmer Johnson Kelley 47 Kennedy
Kissell Lakin Leake Liese Luetkenhaus
May 108 Mays 50 McLuckie Merideth Monaco
Murray O'Toole Overschmidt Parker Ransdall
Reynolds Rizzo Sallee Scheve Schilling
Seigfreid Shear Shelton 57 Skaggs Smith
Stokan Stoll Stroker Thomason 163 Thompson 72
Troupe Van Zandt Wiggins Williams 121 Williams 159
Wilson Mr. Speaker
NOES: 062
Akin Alter Barnett 4 Bennett 15 Boatright
Broach Burton Chrismer Cierpiot Cooper
Crawford Edwards-Pavia Enz Evans Foster
Froelker Gaston Gibbons Graham 106 Gratz
Griesheimer Gross Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
Kauffman Kelly 27 Legan Levin Linton
Lograsso Loudon McClelland Miller Murphy
Naeger Ostmann Patek Pouche Pryor
Purgason Reinhart Richardson Ridgeway Robirds
Ross Schwab Scott Secrest Sheldon 104
Shields Steen Summers Townley Vogel
Wannenmacher Wooten
PRESENT: 000
ABSENT WITH LEAVE: 018
Ballard Bonner Elliott Goward Hall
Hand Koller Kreider Lawson Long
Marble McBride Nordwald O'Connor Relford
Surface Thompson 37 Treadway
VACANCY: 001
Representative Gibbons offered House Amendment No. 20.
Representative Hollingsworth raised a point of order that House Amendment No. 20 goes beyond
the scope of the bill and beyond the scope of the Governor's call.
The Chair ruled the point of order well taken.
Representative Levin offered House Amendment No. 20.
House Amendment No. 20
AMEND House Committee Substitute for Senate Bill No. 1, Page 6, Section 99.805, Line 8, by
adding immediately after the word "use" the following: ", as established by clear and convincing
evidence".
On motion of Representative Levin, House Amendment No. 20 was adopted.
Representative Pryor offered House Amendment No 21.
Representative Foley raised a point of order that House Amendment No. 21 goes beyond the
scope of the bill.
The Speaker ruled the point of order not well taken.
Representative May raised a point of order that House Amendment No. 21 violates the
Hammerschmidt ruling.
The Speaker ruled the point of order well taken.
Representative Murphy offered House Amendment No. 21.
House Amendment No. 21
AMEND House Committee Substitute for Senate Bill No. 1, Pages 5, 6, 7, and 8, "by eliminating
all of said sections".
Representative Murphy moved that House Amendment No. 21 be adopted.
Which motion was defeated by the following vote:
AYES: 011
Boatright Enz Fritts Hendrickson Hohulin
Holand Legan Murphy Schilling Steen
Townley
NOES: 132
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bauer Bennett 15 Berkstresser
Bland Bray 84 Broach Burton Campbell
Carter Champion Chrismer Cierpiot Clayton
Cooper Copeland Crawford Crump Daniel 42
Daniels 41 Davis 63 Davis 122 Days DeMarce
Dolan Donovan Dougherty Edwards-Pavia Evans
Farnen Fitzwater Foley Ford Foster
Franklin Froelker Gaskill Gaston Gibbons
Graham 24 Graham 106 Gratz Griesheimer Gross
Gunn Hagan-Harrell Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hickey Hilgemann Hollingsworth
Hoppe Hosmer Howerton Johnson Kasten
Kauffman Kelley 47 Kelly 27 Kennedy Kissell
Kreider Lakin Lawson Leake Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus May 108 Mays 50 McClelland McLuckie
Merideth Miller Monaco Murray O'Connor
O'Toole Ostmann Overschmidt Parker Patek
Pouche Purgason Ransdall Reinhart Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schwab Scott Secrest
Seigfreid Shear Sheldon 104 Shelton 57 Shields
Skaggs Smith Stokan Stoll Stroker
Summers Thompson 72 Treadway Van Zandt Vogel
Wannenmacher Wiggins Williams 121 Williams 159 Wilson
Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 019
Ballard Bonner Boucher Elliott Goward
Green Hall Hand Koller Marble
McBride Naeger Nordwald Pryor Relford
Surface Thomason 163 Thompson 37 Troupe
VACANCY: 001
Representative Hegeman offered House Amendment No. 22.
House Amendment No. 22
AMEND House Committee Substitute for Senate Bill No. 1, Page 73, Section 3, Line 13, by
adding a period after the word "corporations" and deleting the rest of said sentence.
On motion of Representative Hegeman, House Amendment No. 22 was adopted.
Representative Merideth offered House Amendment No. 23.
House Amendment No. 23
AMEND House Committee Substitute for Senate Bill 1, page 75, Section 9, line 5, by adding
immediately after "act" the following: "and up to two additional pilot projects in qualifying
counties, pursuant to section 13 of this act";
And further amend said bill, Page 77, Section 12, Line 15, by inserting immediately after line 15,
the following new section:
"Section 13. 1. In order to extend the workfare renovation project to the non-metropolitan
areas of the state, up to two pilot projects, in addition to those authorized pursuant to
sections 9 to 12 of this act, shall be established by the Missouri housing development
commission in qualifying counties. "Qualifying counties" shall include any county in the
state selected by the Missouri housing development commission based upon state rankings
of poverty level, income level, public assistance percentages, and unemployment. The
governing body of any political subdivision within a qualifying county shall apply to the
commission for participation in the workfare renovation project for the renovation of
residential property within the qualifying county, and if approved for participation in the
project, shall enact the appropriate ordinances, submit a plan for the renovation of
property within the qualifying county, and establish an agency to administer the projects
within the qualifying county pursuant to any authority delegated to such agency by the
commission.
2. The Missouri housing development commission may:
(1) Receive, hold and convey title to real estate on the workfare renovation project carried
out by any political subdivision in a qualifying county, and receive and use for the purposes
of providing affordable housing to low-income persons, affording low-income persons an
opportunity to obtain job skills obtained through their participation in the workfare
renovation project, and to create tax producing properties for the political subdivisions
within qualifying counties;
(2) Approve the property proposed for renovation for inclusion in the project;
(3) Approve the workers who will perform the renovation and reconstruction work,
pursuant to the provisions of section 11 of this act;
(4) Sell all properties renovated pursuant to the provisions of section 11 of this act; and
(5) Exercise all other administrative oversight of the project as outlined in sections 9 to 12
of this act;
3. Properties selected for renovation shall be those in greatest need of neighborhood
rehabilitation, as determined by the governing body of the municipality within the
qualifying county.
Representative Merideth moved that House Amendment No. 23 be adopted.
Which motion was defeated.
On motion of Representative Rizzo, HCS SB 1, as amended, was adopted.
On motion of Representative Rizzo, HCS SB 1, as amended, was read the third time and passed
by the following vote:
AYES: 106
Auer Backer Barry 100 Bartelsmeyer Bauer
Berkstresser Boucher Bray 84 Broach Burton
Campbell Carter Champion Cierpiot Clayton
Cooper Copeland Crump Daniel 42 Daniels 41
Davis 63 Davis 122 Days DeMarce Dolan
Donovan Dougherty Farnen Fitzwater Foley
Ford Foster Franklin Fritts Gaskill
Graham 24 Graham 106 Gratz Gunn Hagan-Harrell
Harlan Heckemeyer Hickey Hilgemann Hollingsworth
Hoppe Hosmer Howerton Johnson Kasten
Kelley 47 Kelly 27 Kennedy Kissell Kreider
Lawson Leake Levin Liese Long
Luetkenhaus May 108 Mays 50 McClelland McLuckie
Merideth Miller Monaco Murray O'Connor
O'Toole Overschmidt Parker Pouche Reinhart
Reynolds Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Scott Seigfreid
Shear Sheldon 104 Shelton 57 Shields Skaggs
Smith Stoll Stroker Thomason 163 Thompson 72
Treadway Troupe Van Zandt Vogel Wannenmacher
Wiggins Williams 121 Williams 159 Wilson Wooten
Mr. Speaker
NOES: 037
Akin Alter Barnett 4 Bennett 15 Boatright
Chrismer Crawford Edwards-Pavia Enz Evans
Froelker Gaston Gibbons Griesheimer Gross
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin
Holand Kauffman Legan Linton Lograsso
Loudon Murphy Ostmann Patek Pryor
Purgason Richardson Schwab Secrest Steen
Summers Townley
PRESENT: 002
Bland Ransdall
ABSENT WITH LEAVE: 017
Ballard Bonner Elliott Goward Green
Hall Hand Koller Lakin Marble
McBride Naeger Nordwald Relford Stokan
Surface Thompson 37
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Gunn, title to the bill was agreed to.
Representative Hagan-Harrell moved that the vote by which the bill passed be reconsidered.
Representative Kissell moved that motion lay on the table.
The latter motion prevailed.
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 SS HB 1, entitled:
An act to amend chapter 393, RSMo, by adding thereto nineteen new sections to authorize the
creation of certain nonprofit sewer corporations and enhance economic development.
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 2, entitled:
An act relating to sales taxation, with an emergency clause.
With SSA 1 for SA 1, SA 2
Senate Substitute Amendment No. 1
for
Senate Amendment No. 1
AMEND House Committee Substitute for House Bill No. 2, Page 2, Section 1, Line 24, by
inserting after the period "." the following: "If the governing body has not authorized the
initial collection of the tax pursuant to such ordinance or order within three years after the
date of the passage of the proposal, authorization for the governing body to impose such
tax shall expire.".
Senate Amendment No. 2
AMEND House Committee Substitute for House Bill No. 2, Page 2, Section 1, Line 15, by
adding following said line "There is no guarantee of any state funding.".
Emergency Clause Defeated.
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 SCR 1.
SENATE CONCURRENT RESOLUTION NO. 1
WHEREAS, House Bill No. 850 and Senate Bill Nos. 386 & 372 were Truly Agreed To and
Finally Passed in order to provide for appropriate legislative oversight of executive agency
rulemaking; and
WHEREAS, Senate Bill Nos. 386 & 372 amended the rulemaking authority of twenty-six
agencies to apply the provisions of House Bill No. 850, and in particular Section 536.028, to
those agencies, the language of which is otherwise referred to as the "JCAR amendment"; and
WHEREAS, Senate Bill No. 7 of the Extraordinary Session applies the "JCAR amendment" to
only sixteen executive agencies; and
WHEREAS, the General Assembly intends to make the rulemaking authority of all agencies
subject to the "JCAR amendment" and, therefore deems it advisable to examine whether there
are particular circumstances as to some agency that may suggest that the "JCAR amendment"
should not apply or should be adjusted in regard to that agency; and
WHEREAS, it is advisable to examine every rulemaking agency to determine whether such
agency should retain their rulemaking authority or whether such rulemaking authority is subject
to adequate standards consistent with legislative intent; and
NOW, THEREFORE, BE IT RESOLVED by the members of the Senate, the House of
Representatives concurring therein, that an interim committee be created for the purpose of
examining the rulemaking authority of executive agencies and other entities, and that said
committee be authorized to function during the interim of the Eighty-ninth General Assembly;
and
BE IT FURTHER RESOLVED, that said interim committee be composed of five members of the
Senate appointed by the President Pro Tem, and five members of the House of Representatives
appointed by the Speaker, and that no more than three members of either House shall be of the
majority party;
BE IT FURTHER RESOLVED, that the committee examine the applicability of the "JCAR
amendment" to all rulemaking agencies, whether each such agency should retain its rulemaking
power, whether the scope of each agencies' power is subject to adequate legislative standards
consistent with legislative intent and the best interest of the public, and such other matters as the
members of the committee deem appropriate in regard to agency rulemaking; and
BE IT FURTHER RESOLVED, that the committee prepare a report, together with its
recommendations for submission to the Eighty-ninth General Assembly by December 30, 1997,
and that the Committee on Legislative Research, Senate Research and the Director of the Joint
Committee on Administrative Rules provide such research, clerical, and technical services as the
interim committee may require; and
BE IT FURTHER RESOLVED, that the actual and necessary expenses of the committee, its
members, and any staff personnel assigned to the committee incurred in attending meetings of
the committee or any subcommittee thereof, be paid from the joint contingent fund.
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 SS HCS HB 4, entitled:
An act to repeal section 115.125, as truly agreed to in house committee substitute for Senate Bill
No. 132 enacted during the first regular session of the eighty-ninth general assembly, relating to
elections, and to enact in lieu thereof two new sections relating to the same subject, with an
emergency clause.
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 refuses to concur in HCS SB 1 as amended, and requests that the House recede from its
position or, 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 HCA 1 to SB 3, and has taken up and passed SB 3 as
amended.
MOTIONS
SS HB 1, relating to sewer corporations, was taken up by Representative Leake.
On motion of Representative Leake, SS HB 1 was adopted by the following vote:
AYES: 143
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bauer Bennett 15 Berkstresser
Bland Boatright Boucher Bray 84 Broach
Burton Campbell Carter Champion Chrismer
Cierpiot Clayton Cooper Copeland Crawford
Crump Daniel 42 Daniels 41 Davis 63 Davis 122
Days DeMarce Dolan Donovan Dougherty
Edwards-Pavia Enz Evans Farnen Fitzwater
Foley Foster Franklin Fritts Froelker
Gaskill Gaston Gibbons Graham 24 Graham 106
Gratz Griesheimer Gross Gunn Hagan-Harrell
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hilgemann Holand Hollingsworth
Hoppe Hosmer Howerton Johnson Kasten
Kauffman Kelley 47 Kelly 27 Kennedy Kissell
Kreider Lawson Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus May 108 Mays 50 McClelland McLuckie
Merideth Miller Monaco Murphy Murray
O'Connor O'Toole Ostmann Overschmidt Parker
Patek Pouche Pryor Purgason Ransdall
Reinhart Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Secrest Seigfreid Shear
Sheldon 104 Shelton 57 Shields Skaggs Smith
Steen Stokan Stoll Stroker Summers
Thomason 163 Thompson 72 Townley Treadway Van Zandt
Vogel Wannenmacher Wiggins Williams 121 Williams 159
Wilson Wooten Mr. Speaker
NOES: 001
Hohulin
PRESENT: 000
ABSENT WITH LEAVE: 018
Ballard Bonner Elliott Ford Goward
Green Hall Hand Koller Lakin
Marble McBride Naeger Nordwald Relford
Surface Thompson 37 Troupe
VACANCY: 001
On motion of Representative Leake, SS HB 1 was truly agreed to and finally passed by the
following vote:
AYES: 135
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Berkstresser Bland Boatright
Boucher Bray 84 Broach Burton Campbell
Carter Champion Chrismer Cierpiot Clayton
Cooper Copeland Crawford Daniel 42 Daniels 41
Davis 63 Davis 122 Days DeMarce Dolan
Donovan Dougherty Edwards-Pavia Enz Evans
Farnen Fitzwater Foley Foster Franklin
Fritts Froelker Gaskill Gaston Gibbons
Graham 24 Graham 106 Griesheimer Gross Gunn
Hagan-Harrell Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hilgemann Holand
Hollingsworth Hoppe Hosmer Howerton Johnson
Kasten Kauffman Kelley 47 Kelly 27 Kennedy
Kissell Kreider Lawson Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus May 108 Mays 50 McClelland
McLuckie Merideth Miller Monaco Murphy
Murray O'Connor O'Toole Ostmann Overschmidt
Parker Pouche Pryor Purgason Ransdall
Reinhart Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Secrest Seigfreid Sheldon 104 Shelton 57
Shields Skaggs Smith Steen Stokan
Stoll Stroker Summers Thomason 163 Thompson 72
Townley Treadway Van Zandt Vogel Wannenmacher
Wiggins Williams 121 Williams 159 Wilson Mr. Speaker
NOES: 001
Hohulin
PRESENT: 000
ABSENT WITH LEAVE: 026
Ballard Bauer Bennett 15 Bonner Crump
Elliott Ford Goward Gratz Green
Hall Hand Koller Lakin Marble
McBride Naeger Nordwald Patek Relford
Scott Shear Surface Thompson 37 Troupe
Wooten
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Heckemeyer, title to the bill was agreed to.
Representative Days moved that the vote by which the bill passed be reconsidered.
Representative Farnen moved that motion lay on the table.
The latter motion prevailed.
HCS HB 2, with Senate Substitute Amendment No. 1 for Senate Amendment No. 1 and
Senate Amendment No. 2, relating to local sales/use tax, was taken up by Representative Gratz.
On motion of Representative Gratz, the House concurred in Senate Substitute Amendment No. 1
for Senate Amendment No. 1 and Senate Amendment No. 2 to HCS HB 2 , by the following
vote:
AYES: 133
Alter Auer Backer Barnett 4 Barry 100
Bartelsmeyer Bauer Bennett 15 Berkstresser Bland
Boucher Broach Burton Campbell Carter
Champion Chrismer Cierpiot Clayton Cooper
Copeland Crawford Crump Daniel 42 Daniels 41
Davis 63 Davis 122 Days DeMarce Dolan
Donovan Dougherty Enz Evans Farnen
Fitzwater Foley Foster Franklin Fritts
Froelker Gaskill Gibbons Graham 24 Graham 106
Gratz Griesheimer Gross Gunn Hagan-Harrell
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hilgemann Holand Hollingsworth
Hoppe Hosmer Johnson Kasten Kauffman
Kelley 47 Kelly 27 Kennedy Kissell Kreider
Lawson Leake Legan Levin Liese
Lograsso Long Luetkenhaus May 108 Mays 50
McClelland McLuckie Merideth Miller Monaco
Murphy Murray O'Connor O'Toole Ostmann
Overschmidt Parker Pouche Pryor Purgason
Ransdall Reinhart Reynolds Richardson Ridgeway
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Secrest Seigfreid
Shear Sheldon 104 Shelton 57 Shields Skaggs
Smith Steen Stokan Stoll Stroker
Summers Thomason 163 Thompson 72 Townley Treadway
Vogel Wannenmacher Wiggins Williams 121 Williams 159
Wilson Wooten Mr. Speaker
NOES: 011
Akin Boatright Bray 84 Edwards-Pavia Gaston
Hohulin Howerton Linton Loudon Patek
Van Zandt
PRESENT: 000
ABSENT WITH LEAVE: 018
Ballard Bonner Elliott Ford Goward
Green Hall Hand Koller Lakin
Marble McBride Naeger Nordwald Relford
Surface Thompson 37 Troupe
VACANCY: 001
On motion of Representative Gratz, HCS HB 2, as amended, was truly agreed to and finally
passed by the following vote:
AYES: 129
Alter Auer Backer Barnett 4 Barry 100
Bartelsmeyer Bauer Bennett 15 Berkstresser Bland
Boucher Burton Campbell Carter Champion
Chrismer Cierpiot Clayton Cooper Copeland
Crawford Crump Daniel 42 Daniels 41 Davis 63
Davis 122 Days DeMarce Donovan Dougherty
Enz Evans Farnen Fitzwater Foley
Foster Franklin Fritts Froelker Gaskill
Gibbons Graham 24 Graham 106 Gratz Griesheimer
Gross Gunn Hagan-Harrell Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hilgemann Holand Hollingsworth Hoppe Hosmer
Johnson Kasten Kauffman Kelley 47 Kelly 27
Kennedy Kissell Kreider Lawson Leake
Legan Levin Liese Long Luetkenhaus
May 108 Mays 50 McClelland McLuckie Merideth
Miller Monaco Murphy Murray O'Connor
O'Toole Ostmann Overschmidt Parker Pouche
Pryor Purgason Ransdall Reinhart Reynolds
Richardson Rizzo Robirds Ross Sallee
Scheve Schwab Scott Secrest Seigfreid
Shear Sheldon 104 Shelton 57 Shields Skaggs
Smith Steen Stokan Stoll Stroker
Summers Thomason 163 Thompson 72 Townley Treadway
Van Zandt Vogel Wannenmacher Wiggins Williams 121
Williams 159 Wilson Wooten Mr. Speaker
NOES: 014
Akin Boatright Bray 84 Broach Edwards-Pavia
Gaston Hohulin Howerton Linton Lograsso
Loudon Patek Ridgeway Schilling
PRESENT: 000
ABSENT WITH LEAVE: 019
Ballard Bonner Dolan Elliott Ford
Goward Green Hall Hand Koller
Lakin Marble McBride Naeger Nordwald
Relford Surface Thompson 37 Troupe
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Dougherty, title to the bill was agreed to.
Representative O'Toole moved that the vote by which the bill passed be reconsidered.
Representative Copeland moved that motion lay on the table.
The latter motion prevailed.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the
Senate has taken up and passed SCS HCS HB 3, entitled:
An act to repeal sections 67.1150, 67.1170, 67.1177, 94.800, 94.802, 94.805, 94.810, 94.812,
94.815, 94.817, 94.820, 94.822 and 94.825, RSMo 1994, and section 67.1000 as enacted by the
first regular session of the eighty-ninth general assembly in Senate Bill No. 155 and approved by
the governor on June 3, 1997, and to enact in lieu thereof eighteen new sections relating to local
tourism taxes of municipalities and other political subdivisions currently authorized pursuant to
state law or in bills passed by the eighty-ninth general assembly during the first regular session,
as well as revisions ancillary to authorization of said tourism taxes, with an emergency clause
and a severability clause.
With SA 1, SSA 1 for SA 2, SA 3, SA 4, SA 5
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 3,
Page 18, Section 94.825, Line 4, by inserting immediately after said line the following:
"94.870. In addition to all other taxes prescribed by law, the governing body of any municipality
of the third classification with a population of at least fifteen thousand but not more than eighteen
thousand inhabitants located within a county with a population of at least thirty-five thousand but
not more than forty-five thousand inhabitants which has a total assessed valuation of at least two
hundred [twenty] seventy-five million dollars but not more than [two] three hundred [thirty]
twenty-five million dollars, [and] the governing body of any county with a population of at least
twenty thousand but not more than twenty-five thousand which has a total assessed valuation of
at least one hundred twenty million dollars but not more than one hundred [ten] forty million
dollars and the governing body of any county with a population of at least twenty-eight
thousand but not more than thirty-one thousand which has a total assessed valuation of at
least two hundred fifty-five million dollars or any municipality located in such county and the
governing body of any county with a population of at least twenty-five thousand but not more
than thirty thousand which has a total assessed valuation of at least two hundred million dollars
but not more than two hundred five million dollars or any municipality located in such county, or
any city located partially but not wholly within a county of the third classification with a
population of at least thirty-nine thousand inhabitants may impose, by ordinance or order, a tax
on the price paid or charged to any person for rooms or accommodations paid by transient guests
of hotels, motels, condominium units, campgrounds, and tourist courts situated within the
political subdivision, at a rate not to exceed four percent of such price paid or charged. As used
in this section, the term "hotel", "motel", or "tourist court" means any structure or building, under
one management, which contains rooms furnished for the accommodation or lodging of guests,
with or without meals being provided, including bed and breakfast facilities, and kept, used,
maintained, advertised, or held out to the public as a place where sleeping accommodations are
sought for pay or compensation to transient guests, and the term "campground" means real
property, other than state-owned property, which contains parcels for rent to transient guests for
pay or compensation, which may include temporary utility hook-ups for use by the transient
guests, and where such transient guests generally use tents, recreational vehicles or some other
form of temporary shelter while on the rented premises. Shelters for the homeless operated by
not for profit organizations are not a hotel, motel, or tourist court for the purposes of this section.
As used in this section, the term "transient guest" means a person who occupies a room or rooms
in a hotel, motel, campground, or tourist court for thirty consecutive days or less."; and
Further amend said bill, page 19, section 2, line 6 of said section, by striking the following: "or
67.1364" and inserting in lieu thereof the following: ", 67.1364 or 94.870"; and
Further amend said bill, page 21, section C, line 3 of said section, by inserting immediately after
"94.825," the following: "94.870,"; and
Further amend the title and enacting clause accordingly.
Senate Substitute Amendment No. 1
for
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 3,
Page 4, Section 67.1150, Line 15, of said page, by inserting immediately after said line the
following:
"3. No authority receiving funds under this section shall be authorized to lend its credit or grant
public money or property to any private individual, association or corporation."
Senate Amendment No. 3
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 3,
Page 3, Section 67.1000, Line 67, by striking the word "may" and inserting in lieu thereof the
following: "and which has had such a tax approved by the voters prior to January 1, 1998,
shall be authorized to"; and
Further amend said bill, Page 8, Section 67.1360, Line 2, by striking the words "six thousand"
and inserting in lieu thereof the following: "seven thousand and less than seven thousand five
hundred".
Senate Amendment No. 4
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 3,
Page 9, Section 67.1362, Line 26 of said page, by inserting immediately after the word "city" the
word "may"; and
Further amend said bill, Page 18, Section 1, Lines 1-10 of said page, by striking all of said lines
and inserting in lieu thereof the following:
"Section 1. All local sales taxes or gross receipts taxes adopted for the purpose, in whole or
in part, for providing revenues for the promotion of tourism, other than those collected by
the department of revenue pursuant to other provisions of law,"; and
Further amend said bill, Page 18, Section 1, Line 15 of said page, by striking the word
"subsection" and inserting in lieu thereof the word "section"; and
Further amend said bill, Page 19, Section 1, Line 27 of said page, by striking the word
"subsection" and inserting in lieu thereof the word "section".
Senate Amendment No. 5
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 3,
Page 8, Section 67.1360, Line 2, by inserting immediately after "thousand" the following: "and
a county with a population of over nine thousand six hundred which has a total assessed
valuation of at least sixty-three million dollars if the county submits the issue to the voters
of that county prior to January 1, 2003 shall be authorized to"; and
Further amend said bill, page and section, Line 8, by inserting immediately after the word "city"
as it appears both times the following: "or county"; and
Further amend said bill and section, Page 8, Line 10, by inserting after the word "city" the
following: "or county"; and
Further amend Line 14, by inserting after the word "city" the following: "or county"; and
Further amend said bill, Section 67.1362, Page 8, Line 3, by inserting after the word "city" the
following: "or county"; and
Further amend Line 6, by inserting after the word "city" the following: "or county"; and
Further amend said bill and section, Page 9, Line 14, by inserting after the word "city" the
following: "or county"; and
Further amend Line 16, by inserting after the word "city" the following: "or county"; and
Further amend Line 17, by inserting after the word "city" the following: "or county"; and
Further amend Line 20, by inserting after the word "city" the following: "or county"; and
Further amend Line 23, by inserting after the word "city" the following: "or county"; and
Further amend Line 24, by inserting after the word "city" the following: "or county"; and
Further amend Line 25, by inserting after the word "city" the following: "or county"; and
Further amend Line 26, by inserting after the word "city" the following: "or county"; and
Further amend Line 28, by inserting after the word "city" the following: "or county"; and
Further amend Line 40, by inserting after the word "city" the following: "or county"; and
Further amend Line 41 by inserting after the word "city" the following: "or county".
In which the concurrence of the House is respectfully requested.
HOUSE BILL WITH SENATE AMENDMENTS
SCS HCS HB 3, as amended, relating to tourism tax, was taken up by Representative Kreider.
Representative Kreider moved that the House refuse to adopt SCS HCS HB 3, 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 SB 1, as amended, relating to economic development, was taken up by Representative
Rizzo.
Representative Rizzo moved that the House refuse to recede from its position on HCS SB 1, as
amended, and grant the Senate a conference.
Which motion was adopted.
MESSAGE 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 positon on SCS HCS HB 3, as amended, and grants the House
a conference thereon.
APPOINTMENT OF CONFERENCE COMMITTEES
The Speaker appointed the following Conference Committee to act with a like committee from
the Senate on the following bills:
HCS SB 1: Representatives Rizzo, Scheve, Harlan, Cooper and Sallee
SCS HCS HB 3: Representatives Kreider, Crump, Leake, Robirds and Wooten
MESSAGES FROM THE SENATE
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 HCS SB 1 as amended: Senators Mathewson, Scott, Goode,
Childers, and Flotron.
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 SCS HCS HB 3 as amended: Senators Wiggins, Childers,
Caskey, Goode, and Russell.
MOTION
Representative Backer moved that Rule 60(b) be suspended in order to take up CCR SCS
HB 3.
Which motion was adopted by the following vote:
AYES: 126
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bauer Bennett 15 Berkstresser
Boatright Boucher Bray 84 Broach Campbell
Carter Champion Chrismer Cierpiot Clayton
Cooper Copeland Crawford Crump Davis 122
DeMarce Dolan Dougherty Edwards-Pavia Enz
Evans Farnen Fitzwater Foley Foster
Franklin Fritts Froelker Gaskill Gaston
Gibbons Graham 24 Graham 106 Gratz Griesheimer
Gross Hagan-Harrell Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hilgemann Holand
Hollingsworth Hoppe Hosmer Howerton Johnson
Kasten Kauffman Kelley 47 Kelly 27 Kennedy
Kissell Kreider Lawson Legan Levin
Linton Lograsso Long Loudon Luetkenhaus
Mays 50 Merideth Miller Monaco Murphy
Murray O'Connor O'Toole Ostmann Overschmidt
Parker Patek Pouche Pryor Purgason
Ransdall Reinhart Reynolds Richardson Ridgeway
Rizzo Robirds Ross Sallee Schilling
Schwab Scott Secrest Seigfreid Sheldon 104
Shelton 57 Shields Skaggs Smith Steen
Stoll Stroker Summers Thomason 163 Thompson 72
Townley Treadway Van Zandt Vogel Wannenmacher
Wiggins Williams 121 Williams 159 Wilson Wooten
Mr. Speaker
NOES: 001
Hohulin
PRESENT: 000
ABSENT WITH LEAVE: 035
Ballard Bland Bonner Burton Daniel 42
Daniels 41 Davis 63 Days Donovan Elliott
Ford Goward Green Gunn Hall
Hand Hickey Koller Lakin Leake
Liese Marble May 108 McBride McClelland
McLuckie Naeger Nordwald Relford Scheve
Shear Stokan Surface Thompson 37 Troupe
VACANCY: 001
BILL IN CONFERENCE
CCR SCS HB 3, as amended, relating to tourism tax, was taken up by Representative Kreider.
On motion of Representative Kreider, CCR SCS HB 3, as amended, was adopted by the
following vote:
AYES: 128
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bauer Bennett 15 Berkstresser
Boatright Boucher Bray 84 Broach Campbell
Carter Champion Chrismer Cierpiot Clayton
Cooper Copeland Crawford Crump Davis 122
DeMarce Dolan Donovan Dougherty Edwards-Pavia
Enz Evans Farnen Foley Foster
Franklin Fritts Froelker Gaskill Gaston
Gibbons Graham 24 Graham 106 Gratz Griesheimer
Gross Hagan-Harrell Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hilgemann Hohulin
Holand Hoppe Hosmer Howerton Johnson
Kasten Kauffman Kelley 47 Kelly 27 Kennedy
Kissell Kreider Lawson Leake Legan
Levin Linton Lograsso Long Loudon
Luetkenhaus Mays 50 McClelland Merideth Miller
Monaco Murphy Murray O'Connor O'Toole
Ostmann Overschmidt Parker Patek Pouche
Pryor Purgason Ransdall Reinhart Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Secrest Sheldon 104 Shelton 57 Shields Skaggs
Smith Steen Stoll Stroker Summers
Thomason 163 Thompson 72 Townley Treadway Van Zandt
Vogel Wannenmacher Wiggins Williams 121 Williams 159
Wilson Wooten Mr. Speaker
NOES: 001
Fitzwater
PRESENT: 002
Hollingsworth Seigfreid
ABSENT WITH LEAVE: 031
Ballard Bland Bonner Burton Daniel 42
Daniels 41 Davis 63 Days Elliott Ford
Goward Green Gunn Hall Hand
Hickey Koller Lakin Liese Marble
May 108 McBride McLuckie Naeger Nordwald
Relford Shear Stokan Surface Thompson 37
Troupe
VACANCY: 001
On motion of Representative Kreider, CCS SCS HB 3 was read the third time and passed by the
following vote:
AYES: 127
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bauer Bennett 15 Berkstresser
Boatright Boucher Bray 84 Broach Campbell
Carter Champion Chrismer Cierpiot Clayton
Cooper Copeland Crawford Crump Davis 122
DeMarce Dolan Donovan Dougherty Edwards-Pavia
Enz Evans Farnen Foley Foster
Franklin Fritts Froelker Gaskill Gaston
Gibbons Graham 24 Graham 106 Gratz Griesheimer
Gross Hagan-Harrell Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hilgemann Hohulin
Holand Hosmer Howerton Johnson Kasten
Kauffman Kelley 47 Kelly 27 Kennedy Kissell
Kreider Lawson Leake Legan Levin
Linton Lograsso Long Loudon Luetkenhaus
Mays 50 McClelland Merideth Miller Monaco
Murphy Murray O'Connor O'Toole Ostmann
Overschmidt Parker Patek Pouche Pryor
Purgason Ransdall Reinhart Reynolds Richardson
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Secrest
Sheldon 104 Shelton 57 Shields Skaggs Smith
Steen Stoll Stroker Summers Thomason 163
Thompson 72 Townley Treadway Van Zandt Vogel
Wannenmacher Wiggins Williams 121 Williams 159 Wilson
Wooten Mr. Speaker
NOES: 001
Fitzwater
PRESENT: 002
Hollingsworth Seigfreid
ABSENT WITH LEAVE: 032
Ballard Bland Bonner Burton Daniel 42
Daniels 41 Davis 63 Days Elliott Ford
Goward Green Gunn Hall Hand
Hickey Hoppe Koller Lakin Liese
Marble May 108 McBride McLuckie Naeger
Nordwald Relford Shear Stokan Surface
Thompson 37 Troupe
VACANCY: 001
Speaker Gaw declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 123
Akin Alter Auer Backer Barnett 4
Barry 100 Bartelsmeyer Bauer Bennett 15 Berkstresser
Boatright Boucher Broach Campbell Carter
Champion Chrismer Cierpiot Clayton Cooper
Copeland Crawford Crump Davis 122 DeMarce
Dolan Donovan Dougherty Enz Evans
Farnen Foley Foster Franklin Fritts
Froelker Gaskill Gaston Gibbons Graham 24
Graham 106 Gratz Griesheimer Gross Hagan-Harrell
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hilgemann Hohulin Holand Hosmer
Howerton Johnson Kasten Kauffman Kelley 47
Kelly 27 Kennedy Kissell Kreider Lawson
Leake Legan Levin Linton Lograsso
Long Loudon Luetkenhaus Mays 50 McClelland
Merideth Miller Monaco Murphy Murray
O'Connor O'Toole Ostmann Overschmidt Parker
Patek Pouche Pryor Purgason Ransdall
Reinhart Reynolds Richardson Ridgeway Rizzo
Robirds Ross Sallee Schilling Schwab
Scott Secrest Sheldon 104 Shelton 57 Shields
Skaggs Smith Steen Stoll Summers
Thomason 163 Thompson 72 Townley Treadway Van Zandt
Vogel Wannenmacher Wiggins Williams 121 Williams 159
Wilson Wooten Mr. Speaker
NOES: 004
Bray 84 Edwards-Pavia Fitzwater Scheve
PRESENT: 002
Hollingsworth Seigfreid
ABSENT WITH LEAVE: 033
Ballard Bland Bonner Burton Daniel 42
Daniels 41 Davis 63 Days Elliott Ford
Goward Green Gunn Hall Hand
Hickey Hoppe Koller Lakin Liese
Marble May 108 McBride McLuckie Naeger
Nordwald Relford Shear Stokan Stroker
Surface Thompson 37 Troupe
VACANCY: 001
On motion of Representative Skaggs, title to the bill was agreed to.
Representative Stoll moved that the vote by which the bill passed be reconsidered.
Representative Monaco moved that motion lay on the table.
The latter motion prevailed.
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 adopted the Conference Committee Report on SCS HCS HB 3 as
amended, and has taken up and passed CCS SCS HCS HB 3.
Emergency Clause Adopted.
REFERRAL OF HOUSE JOINT RESOLUTION
The following House Joint Resolution was referred to the Committee indicated:
HJR 1 - Civil and Administrative Law
REFERRAL OF SENATE BILL
The following Senate Bill was referred to the Committee indicated:
SCS SB 7 - Civil and Administrative Law
On motion of Representative Backer, the House recessed until 8:30 p.m.
The hour of recess having expired, the House was called to order by Speaker Gaw.
COMMITTEE REPORT
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Backer
reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which
was referred SS HB 1 and CCS SCS HCS HB 3, begs leave to report it has examined the
foregoing bills and finds the same to be truly and correctly printed as agreed to and finally
passed.
SIGNING OF HOUSE BILLS
All other business of the House was suspended while SS HB 1 and CCS SCS HCS HB 3 were
read at length and, there being no objection, were signed by the Speaker to the end that the same
may become law.
Having been duly signed in open session of the Senate, SS HB 1 and CCS SCS HCS HB 3 were
delivered to the Governor by the Chief Clerk of the House.
SIGNING OF SENATE BILL
All other business of the House was suspended while SB 3 was read at length and, there being no
objection, was signed by the Speaker to the end that the same may become law.
ADJOURNMENT
On motion of Speaker Gaw, the House adjourned until 11:00 a.m., Wednesday, September 17,
1997.
CORRECTION TO THE HOUSE JOURNAL
Correct House Journal, Fourth Day, Thursday, September 11, 1997, pages 47 and 48, roll call, by
showing Representative Froelker voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Wednesday, September 17, 1997, 9:00 am. Hearing Room 8. Gary Stangler,
Dept. of Social Services. Re: EBT Welfare reform.
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Wednesday, September 17, 1997, 9:30 am. Senate Lounge. Elementary and
Secondary Education 5 CSR 30-4.040
HOUSE CALENDAR
SIXTH DAY, WEDNESDAY, SEPTEMBER 17, 1997
HOUSE BILL WITH SENATE AMENDMENTS
SS HCS HB 4, E.C. - Kreider
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