jrn048_21.ps

 

Journal of the House


First Regular Session, 93rd General Assembly




FORTY-EIGHTH DAY, Tuesday, April 5, 2005

The House met pursuant to adjournment.


            Speaker Jetton in the Chair.


            Prayer by Father Donald W. Lammers.


              Let us pray, on this day of voting.


              Lord our God, we thank You for creating humankind in Your image and likeness. You gave us the ability to “choose the good” (Isaiah 7:15), as one of our highest forms of acting the way You act.


              We pray for the people, the citizens of our state. Inspire them to go to the polls and carefully to “choose the good” as they vote today. In this simple act, help them experience their personal dignity, their individual power, and the fulfillment of their duty before all the people and even before You, their God.


              When the voting is over, give us the humility to discern the meaning of the results. In all our work in this House of Representatives, guide and help us to carefully “choose the good”. Whenever we vote here, may we experience our own dignity of being created in Your image and likeness. Inspire us to cast our votes in the way we believe to be most in harmony with Your will.


              We pray to You, who are our God forever and ever. Amen!


            The Pledge of Allegiance to the flag was recited.


            The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Ryan Stellhorn, Christian Winkelmann, Mitchell Brungard, Jimmy Colestock, Patrick Rice, Joseph Benoist, Tawner Stefan, Dainec Stefan, Allison Cecil, Logan Darnell, Jackie Hall, Woody Hall, Karissa Forrest, Brooke Simms, Brian VanMeter, Daylon Duncan, Carrie Schmidt and Avery J. Adams.


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


SPECIAL RECOGNITION


            Ms. Cathy Clear was introduced by Representative McGhee and recognized as an Outstanding Missourian.


            General Randal Castro was introduced by Representative Day and recognized as an Outstanding Missourian.


            General Castro addressed the House.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1783 - Representative Avery

            House Resolution No. 1784

                        through

            House Resolution No. 1791 - Representative Lager

            House Resolution No. 1792 - Representative Stevenson

            House Resolution No. 1793

                        through

            House Resolution No. 1795 - Representative Fraser

            House Resolution No. 1796 - Representative Flook

            House Resolution No. 1797 - Representative Myers

            House Resolution No. 1798 - Representative Donnelly

            House Resolution No. 1799 - Representative Yaeger

            House Resolution No. 1800

                        and

            House Resolution No. 1801 - Representative Wilson (119)


COMMITTEE REPORT


            Committee on Fiscal Review, Chairman Guest reporting:


            Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 394, begs leave to report it has examined the same and recommends that it Do Pass.


            Speaker Pro Tem Bearden assumed the Chair.


PERFECTION OF HOUSE BILLS


            HCS HB 388, relating to insurance compliance audits, was taken up by Representative Yates.


            Representative Yates offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 388, Section 375.1065, Page 4, Line 4, by deleting the words, “or administrative”; and


              Further amend said section, Page 4, Line 14, after the words, “of a criminal offense” by inserting the following words, “and the prosecuting attorney or attorney general has made a good faith request or lawful subpoena for the information"; and


              Further amend said section, Page 4, Line 14, by inserting after all of said line the following:


              4. In any administrative or civil proceeding initiated by the director, the administrative hearing officer or court may, after an in-camera review, require public disclosure of material for which the privilege established in section 375.1064 is asserted, if the administrative hearing officer or court determines at least one of the following:

              (1) The privilege is asserted for a fraudulent purpose;

              (2) The material is not subject to the privilege; or

              (3) The material contains evidence relevant to a breach of a civil duty owed by the insurer to others, and the director is unable to obtain the substantial equivalent of the information by independent means without incurring unreasonable cost and delay.”; and


              Further amend said bill, Section 375.1066, Page 4, Line 2, after the words, “in-camera hearing” insert the words, “pursuant to section 375.1065"; and


              Further amend said section, Page 4, Line 4, after the words, “to this subsection” insert the following, “within forty-five days of the insurer’s receipt of the request for disclosure"; and


              Further amend said section, Page 4, Line 15, after the words, “camera review” insert the following, “pursuant to subsection 2 or 3 of section 375.1065"; and


              Further amend said section, Page 4, Line 16, by deleting the words, “or administrative”; and


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


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


            Representative Schaaf offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 388, Page 3, Section 375.1063, Line 27, by inserting after the number "375.012" the words “and those insurance companies operating under the provisions of chapter 383, RSMo"; and


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


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


            Representative Burnett offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 388, Page 4, Section 375.1065.2, Line 5, after the word “disclosure”, insert the following words:


              “and order the admissibility of, if otherwise competent”; and


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


            On motion of Representative Burnett, House Amendment No. 3 was adopted.


            On motion of Representative Yates, HCS HB 388, as amended, was adopted.


            On motion of Representative Yates, HCS HB 388, as amended, was ordered perfected and printed.


            Representative Behnen assumed the Chair.


            HCS HB 64, relating to a sales and use tax holiday, was taken up by Representative Sutherland.


            Representative Bearden offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 64, Page 2, Section 144.049, Line 45, by inserting before the word, “order” the words, “ordinance or”; and


              Further amend said bill, Page 2, Section 144.049, Line 46, by inserting a “.” after the words, “local sales tax”; and


              Further amend said bill, Page 2, Section 144.049, Line 46, by deleting the following words, “however, no such order shall”; and


              Further amend said bill, Page 2, Section 144.049, Lines 47-64, by deleting all of said lines and inserting in lieu thereof the following:


              After opting out the political subdivision may rescind the ordinance or order, provided that such order or ordinance shall be enacted not less than 45 calendar days prior to the beginning date of the sales tax holiday occurring in that year.”; and


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


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


            HCS HB 64, as amended, was laid over.


THIRD READING OF HOUSE BILL - CONSENT


            HB 707, relating to banks and financial institutions, was taken up by Representative Cunningham (145).


            On motion of Representative Cunningham (145), HB 707 was read the third time and passed by the following vote:


AYES: 147

 

 

 

 

 

 

 

 

 

Aull

Baker 123

Baker 25

Bearden

Behnen

Bivins

Black

Bowman

Boykins

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Byrd

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Henke

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Kuessner

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Oxford

Page

Parker

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Storch

Sutherland

Threlkeld

Tilley

Viebrock

Villa

Vogt

Wagner

Wallace

Walsh

Walton

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yaeger

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Whorton

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 014

 

 

 

 

 

 

Avery

Barnitz

Bean

Bland

Donnelly

Hughes

Johnson 90

Marsh

McGhee

Meadows

Pollock

Roorda

Stevenson

Swinger

 

 

 

 

 

 

VACANCIES: 001


            Representative Behnen declared the bill passed.


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


AFTERNOON SESSION


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


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED


            House Resolution No. 1802 - Representative Lager

            House Resolution No. 1803

                        through

            House Resolution No. 1815 - Representative Bruns

            House Resolution No. 1816

                        through

            House Resolution No. 1822 - Representative Whorton

            House Resolution No. 1823 - Representative Lager



            House Resolution No. 1824

                        through

            House Resolution No. 1829 - Representative Whorton

            House Resolution No. 1830 - Representative Wildberger

            House Resolution No. 1831 - Representative Viebrock

            House Resolution No. 1832 - Representative Avery

            House Resolution No. 1833 - Representative Bowman

            House Resolution No. 1834

                        through

            House Resolution No. 1836 - Representative Wells

            House Resolution No. 1837 - Representative George

            House Resolution No. 1838 - Representative Roark

            House Resolution No. 1839

                        and

            House Resolution No. 1840 - Representative Kraus

            House Resolution No. 1841

                        through

            House Resolution No. 1854 - Representative Schad

            House Resolution No. 1855 - Representative Hunter, et al.

            House Resolution No. 1856

                        through

            House Resolution No. 1860 - Representative Kingery

            House Resolution No. 1861 - Representative Behnen

            House Resolution No. 1862 - Representative Schneider

            House Resolution No. 1863 - Representative Wilson (119)

 

PERFECTION OF HOUSE BILLS


            HCS HB 64, as amended, relating to a sales and use tax holiday, was again taken up by Representative Sutherland.


            Representative Sutherland offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 64, Section 144.049, Page 2, Line 43, by inserting after all of said line the following:


              5. This section may not apply to any retailer when less than two percent of their merchandise sold during the sales tax holiday is qualifying items under this section. The retailer may offer a sales tax refund in lieu of the sales tax holiday.”; and


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


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




            Representative Smith (118) offered House Amendment No. 3.


House Amendment No. 3


AMEND House Committee Substitute for House Bill No. 64, Page 2, Section 144.049, Line 42, by adding after the word “section” the following:


              applies to sales of tangible personal property bought for personal use only.

              5. This section”; and


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


            On motion of Representative Smith (118), House Amendment No. 3 was adopted.


            On motion of Representative Sutherland, HCS HB 64, as amended, was adopted.


            On motion of Representative Sutherland, HCS HB 64, as amended, was ordered perfected and printed.


            HCS HBs 518, 288, 418 & 635, relating to highway safety, was taken up by Representative St. Onge.


            Representative Cooper (120) assumed the Chair.


            Representative Richard assumed the Chair.


            On motion of Representative St. Onge, HCS HBs 518, 288, 418 & 635 was adopted.


            On motion of Representative St. Onge, HCS HBs 518, 288, 418 & 635 was ordered perfected and printed.


            HB 700, relating to endangerment at correctional facilities, was taken up by Representative Moore.


            Representative Moore offered House Amendment No. 1.


House Amendment No. 1


AMEND House Bill No. 700, Page 1, Line 3 of the Title, by deleting the words “endangerment of individuals at correctional facilities” and inserting in lieu thereof the words “department of corrections”; and


              Further amend said bill, Page 1, Section A, Line 2, by inserting after said line the following:

 

              “217.690. 1. When in its opinion there is reasonable probability that an offender of a correctional center can be released without detriment to the community or to himself, the board may in its discretion release or parole such person except as otherwise prohibited by law. All paroles shall issue upon order of the board, duly adopted.

              2. Before ordering the parole of any offender, the board shall have the offender appear before a hearing panel and shall conduct a personal interview with him, unless waived by the offender. A parole shall be ordered only for the best interest of society, not as an award of clemency; it shall not be considered a reduction of sentence or a pardon. An offender shall be placed on parole only when the board believes that he is able and willing to fulfill the obligations of a law-abiding citizen. Every offender while on parole shall remain in the legal custody of the department but shall be subject to the orders of the board.

              3. The board has discretionary authority to require the payment of a fee, not to exceed sixty dollars per month, from every offender placed under board supervision on probation, parole, or conditional release, to waive all or part of any fee, to sanction offenders for willful nonpayment of fees, and to contract with a private entity for fee collections services. All fees collected shall be deposited in the inmate fund established in section 217.430. Fees collected may be used to pay the costs of contracted collections services. The fees collected may otherwise be used to provide community corrections and intervention services for offenders. Such services include substance abuse assessment and treatment, mental health assessment and treatment, electronic monitoring services, residential facilities services, employment placement services, and other offender community corrections or intervention services designated by the board to assist offenders to successfully complete probation, parole, or conditional release. The board shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to sanctioning offenders and with respect to establishing, waiving, collecting, and using fees.

               4. The board shall adopt rules not inconsistent with law, in accordance with section 217.040, with respect to the eligibility of offenders for parole, the conduct of parole hearings or conditions to be imposed upon paroled offenders. Whenever an order for parole is issued it shall recite the conditions of such parole.

              [4.] 5. When considering parole for an offender with consecutive sentences, the minimum term for eligibility for parole shall be calculated by adding the minimum terms for parole eligibility for each of the consecutive sentences, except the minimum term for parole eligibility shall not exceed the minimum term for parole eligibility for an ordinary life sentence.

              [5.] 6. Any offender under a sentence for first degree murder who has been denied release on parole after a parole hearing shall not be eligible for another parole hearing until at least three years from the month of the parole denial; however, this subsection shall not prevent a release pursuant to subsection 4 of section 558.011, RSMo.

              [6.] 7. Parole hearings shall, at a minimum, contain the following procedures:

              (1) The victim or person representing the victim who attends a hearing may be accompanied by one other person;

              (2) The victim or person representing the victim who attends a hearing shall have the option of giving testimony in the presence of the inmate or to the hearing panel without the inmate being present;

              (3) The victim or person representing the victim may call or write the parole board rather than attend the hearing;

              (4) The victim or person representing the victim may have a personal meeting with a board member at the board's central office;

              (5) The judge, prosecuting attorney or circuit attorney and a representative of the local law enforcement agency investigating the crime shall be allowed to attend the hearing or provide information to the hearing panel in regard to the parole consideration; and

              (6) The board shall evaluate information listed in the juvenile sex offender registry pursuant to section 211.425, RSMo, provided the offender is between the ages of seventeen and twenty-one, as it impacts the safety of the community.

              [7.] 8. The board shall notify any person of the results of a parole eligibility hearing if the person indicates to the board a desire to be notified.

              [8.] 9. The board may, at its discretion, require any offender seeking parole to meet certain conditions during the term of that parole so long as said conditions are not illegal or impossible for the offender to perform. These conditions may include an amount of restitution to the state for the cost of that offender's incarceration.

              [9.] 10. Nothing contained in this section shall be construed to require the release of an offender on parole nor to reduce the sentence of an offender heretofore committed.

              [10.] 11. Beginning January 1, 2001, the board shall not order a parole unless the offender has obtained a high school diploma or its equivalent, or unless the board is satisfied that the offender, while committed to the custody of the department, has made an honest good-faith effort to obtain a high school diploma or its equivalent; provided that the director may waive this requirement by certifying in writing to the board that the offender has actively participated in mandatory education programs or is academically unable to obtain a high school diploma or its equivalent.

              12. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2005, shall be invalid and void.”; and


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


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


            On motion of Representative Moore, HB 700, as amended, was ordered perfected and printed.


            HB 375, relating to a bridge designation, was taken up by Representative Nance.


            On motion of Representative Nance, HB 375 was ordered perfected and printed.


            Speaker Pro Tem Bearden resumed the Chair.


BILL IN CONFERENCE


            CCR SCS HCS HB 14, as amended, relating to appropriations, was taken up by Representative Lager.


            On motion of Representative Lager, CCR SCS HCS HB 14, as amended, was adopted by the following vote:


AYES: 141

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Baker 25

Barnitz

Bean

Bearden

Behnen

Bivins

Black

Bland

Bowman

Bringer

Brown 30

Brown 50

Bruns

Burnett

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parker

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Storch

Sutherland

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

Mr Speaker

 

 

 

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Byrd

Vogt

Whorton

 

 

 

 

 

 

 

PRESENT: 006

 

 

 

 

 

 

 

 

 

Brooks

Henke

Johnson 61

Kuessner

Meadows

Oxford

 

 

 

 

 

 

 

 

 

ABSENT WITH LEAVE: 012

 

 

 

 

 

 

Boykins

Donnelly

Hughes

Johnson 90

Marsh

Pollock

Roorda

Skaggs

Stevenson

Swinger

Walton

Yaeger

 

 

 

 

 

 

 

 

VACANCIES: 001


            On motion of Representative Lager, CCS SCS HCS HB 14 was read the third time and passed by the following vote:


AYES: 139

 

 

 

 

 

 

 

 

 

Aull

Avery

Baker 123

Barnitz

Bean

Bearden

Behnen

Bivins

Bland

Bowman

Bringer

Brooks

Brown 30

Brown 50

Bruns

Burnett

Chappelle-Nadal

Casey

Chinn

Cooper 120

Cooper 155

Cooper 158

Corcoran

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis

Day

Deeken

Dempsey

Denison

Dethrow

Dixon

Dougherty

Dusenberg

El-Amin

Emery

Ervin

Faith

Fares

Fisher

Flook

Franz

Fraser

George

Goodman

Guest

Harris 110

Harris 23

Haywood

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Johnson 47

Johnson 61

Jolly

Jones

Kelly

Kingery

Kratky

Kraus

Lager

Lampe

Lembke

LeVota

Liese

Lipke

Loehner

Low 39

Lowe 44

May

McGhee

Meiners

Moore

Munzlinger

Muschany

Myers

Nance

Nieves

Nolte

Page

Parson

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Richard

Roark

Robb

Robinson

Rucker

Ruestman

Rupp

Salva

Sander

Sater

Schaaf

Schad

Schlottach

Schneider

Schoemehl

Selby

Self

Shoemyer

Smith 118

Smith 14

Spreng

Stefanick

St. Onge

Storch

Sutherland

Threlkeld

Tilley

Viebrock

Villa

Wagner

Wallace

Walsh

Wasson

Wells

Weter

Wildberger

Wilson 119

Wilson 130

Witte

Wood

Wright-Jones

Wright 137

Wright 159

Yates

Young

Zweifel

 

 

 

 

 

 

NOES: 003

 

 

 

 

 

 

 

 

 

Byrd

Vogt

Whorton

 

 

 

 

 

 

 

PRESENT: 004

 

 

 

 

 

 

 

 

 

Henke

Kuessner

Meadows

Oxford

 

 

 

 

 

 

ABSENT WITH LEAVE: 016

 

 

 

 

 

 

Baker 25

Black

Boykins

Donnelly

Hughes

Johnson 90

Marsh

Parker

Pollock

Roorda

Skaggs

Stevenson

Swinger

Walton

Yaeger

Mr Speaker

 

 

 

 

 

 

 

 

 

VACANCIES: 001


            Speaker Pro Tem Bearden declared the bill passed.


PERFECTION OF HOUSE BILL


            HCS HB 519, relating to unemployment insurance, was taken up by Representative Roark.


            Representative Roark offered House Amendment No. 1.


House Amendment No. 1


AMEND House Committee Substitute for House Bill No. 519, Page 15, Section 288.110, Line 86, by inserting after all of said line the following:


              "288.120. 1. On each June thirtieth, or within a reasonable time thereafter as may be fixed by regulation, the balance of an employer's experience rating account, except an employer participating in a shared work plan under section 288.500, shall determine his contribution rate for the following calendar year as determined by the following table:

    Percentage the Employer's Experience Rating

Account is to that Employer's Average Annual Payroll


              Equals or Exceeds             Less Than            Contribution Rate

                      -----                              -12.0                           6.0%

                       -12.0                           -11.0                           5.8%

                       -11.0                           -10.0                           5.6%

                       -10.0                             -9.0                           5.4%

                         -9.0                             -8.0                           5.2%

                         -8.0                             -7.0                           5.0%

                         -7.0                             -6.0                           4.8%

                         -6.0                             -5.0                           4.6%

                         -5.0                             -4.0                           4.4%

                         -4.0                             -3.0                           4.2%

                         -3.0                             -2.0                           4.0%

                         -2.0                             -1.0                           3.8%

                         -1.0                               0                              3.6%

                          0                                  2.5                           2.7%

                          2.5                               3.5                           2.6%

                          3.5                               4.5                           2.5%

                          4.5                               5.0                           2.4%

                          5.0                               5.5                           2.3%

                          5.5                               6.0                           2.2%

                          6.0                               6.5                           2.1%

                          6.5                               7.0                           2.0%

                          7.0                               7.5                           1.9%

                          7.5                               8.0                           1.8%

                          8.0                               8.5                           1.7%

                          8.5                               9.0                           1.6%

                          9.0                               9.5                           1.5%

                          9.5                             10.0                           1.4%

                        10.0                             10.5                           1.3%

                        10.5                             11.0                           1.2%

                        11.0                             11.5                           1.1%

                        11.5                             12.0                           1.0%

                        12.0                             12.5                           0.9%

                        12.5                             13.0                           0.8%

                        13.0                             13.5                           0.6%

                        13.5                             14.0                           0.4%

                        14.0                             14.5                           0.3%

                        14.5                             15.0                           0.2%

                        15.0                           ----                              0.0%

              2. Using the same mathematical principles used in constructing the table provided in subsection 1 of this section, the following table has been constructed. The contribution rate for the following calendar year of any employer participating in a shared work plan under section 288.500 during the current calendar year or any calendar year during a prior three-year period shall be determined from the balance in such employer's experience rating account as of the previous June thirtieth, or within a reasonable time thereafter as may be fixed by regulation, from the following table:

    Percentage the Employer's Experience Rating

Account is to that Employer's Average Annual Payroll


              Equals or Exceeds             Less Than            Contribution Rate

                      -----                              -27.0                           9.0%

                       -27.0                           -26.0                           8.8%

                       -26.0                           -25.0                           8.6%

                       -25.0                           -24.0                           8.4%

                       -24.0                           -23.0                           8.2%

                       -23.0                           -22.0                           8.0%

                       -22.0                           -21.0                           7.8%

                       -21.0                           -20.0                           7.6%

                       -20.0                           -19.0                           7.4%

                       -19.0                           -18.0                           7.2%

                       -18.0                           -17.0                           7.0%

                       -17.0                           -16.0                           6.8%

                       -16.0                           -15.0                           6.6%

                       -15.0                           -14.0                           6.4%

                       -14.0                           -13.0                           6.2%

                       -13.0                           -12.0                           6.0%

                       -12.0                           -11.0                           5.8%

                       -11.0                           -10.0                           5.6%

                       -10.0                             -9.0                           5.4%

                         -9.0                              -8.0                           5.2%

                         -8.0                              -7.0                           5.0%

                         -7.0                              -6.0                           4.8%

                         -6.0                              -5.0                           4.6%

                         -5.0                              -4.0                           4.4%

                         -4.0                              -3.0                           4.2%

                         -3.0                              -2.0                           4.0%

                         -2.0                              -1.0                           3.8%

                         -1.0                                0                              3.6%

                          0                                   2.5                           2.7%

                          2.5                                3.5                           2.6%

                          3.5                                4.5                           2.5%

                          4.5                                5.0                           2.4%

                          5.0                                5.5                           2.3%

                          5.5                                6.0                           2.2%

                          6.0                                6.5                           2.1%

                          6.5                                7.0                           2.0%

                          7.0                                7.5                           1.9%

                          7.5                                8.0                           1.8%

                          8.0                                8.5                           1.7%

                          8.5                                9.0                           1.6%

                          9.0                                9.5                           1.5%

                          9.5                              10.0                           1.4%

                        10.0                              10.5                           1.3%

                        10.5                              11.0                           1.2%

                        11.0                              11.5                           1.1%

                        11.5                              12.0                           1.0%

                        12.0                              12.5                           0.9%

                        12.5                              13.0                           0.8%

                        13.0                              13.5                           0.6%

                        13.5                              14.0                           0.4%

                        14.0                              14.5                           0.3%

                        14.5                              15.0                           0.2%

                        15.0                            ----                              0.0%

              3. Notwithstanding the provisions of subsection 2 of section 288.090, any employer participating in a shared work plan under section 288.500 who has not had at least twelve calendar months immediately preceding the calculation date throughout which his account could have been charged with benefits shall have a contribution rate equal to the highest contribution rate in the table in subsection 2 of this section, until such time as his account has been chargeable with benefits for the period of time sufficient to enable him to qualify for a computed rate on the same basis as other employers participating in shared work plans.

              4. Employers who have been taxed at the maximum rate pursuant to this section for two consecutive years shall have a surcharge of one-quarter percent added to their contribution rate calculated pursuant to this section unless the balance in the trust fund is greater than or equal to four hundred fifty million dollars, then, no such surcharge shall be added. In the event that an employer remains at the maximum rate pursuant to this section for a third or subsequent year, an additional surcharge of one-quarter percent shall be annually assessed and if the balance in the trust fund remains less than or equal to four hundred fifty million dollars, then, an additional surcharge of one-quarter percent shall be assessed, but in no case shall this surcharge cumulatively exceed one-half of one percent. [Additionally, if an employer continues to remain at the maximum rate pursuant to this section an additional surcharge of one-half percent shall be assessed.] In no case shall the total surcharge assessed to any employer exceed [one and] one-half percent in any given year."; and


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


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


            Representative Hunter offered House Amendment No. 2.


House Amendment No. 2


AMEND House Committee Substitute for House Bill No. 519, Section 288.128, Page 18, Line 67, by deleting the word “for” and in lieu thereof the word “of”; and


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


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


            HCS HB 519, as amended, was laid over.


REFERRAL OF SENATE BILLS


            The following Senate Bills were referred to the Committee indicated:


SCS SB 68 - Ways and Means

SCS SB 170 - Conservation and Natural Resources

SB 192 - Conservation and Natural Resources

SB 216 - Judiciary

SCS SB 227 - Transportation

SCS SB 289 - Judiciary

SCS SB 310 - Ways and Means

SB 318 - Financial Institutions

SB 320 - Judiciary

SB 323 - Health Care Policy

SB 347 - Professional Registration and Licensing

SCS SB 354 - Transportation

SCS SB 355 - Agriculture

SB 357 - Retirement

SB 358 - Tourism

SB 361 - Local Government

SCS SB 372 - Transportation

SCS SB 374 - Transportation

SB 378 - Transportation

SB 380 - Special Committee on Urban Issues

SCS SB 390 - Transportation

SCS SB 392 - Corrections and Public Institutions

SB 394 - Financial Institutions

SB 396 - Ways and Means

SB 401 - Retirement

SB 404 - Judiciary

SB 405 - Judiciary

SCS SB 407 - Judiciary

SB 418 - Crime Prevention and Public Safety

SCS SBs 420 & 344 - Judiciary

SB 431 - Local Government

SCS SB 450 - Corrections and Public Institutions

SB 453 - Local Government

SB 464 - Corrections and Public Institutions

SB 479 - Elections

SB 480 - Elementary and Secondary Education

SB 488 - Transportation

SB 490 - Local Government

SCS SB 496 - Corrections and Public Institutions

SCS SB 502 - Corrections and Public Institutions

SB 507 - Local Government

SB 516 - Job Creation and Economic Development

SB 518 - Health Care Policy

SB 521 - Special Committee on General Laws

SB 526 - Higher Education

SB 534 - Judiciary


COMMITTEE REPORTS


            Committee on Corrections and Public Institutions, Chairman Kelly reporting:


            Mr. Speaker: Your Committee on Corrections and Public Institutions, to which was referred SCS SB 69, begs leave to report it has examined the same and recommends that it Do Pass by Consent, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


            Committee on Financial Institutions, Chairman Cunningham (145) reporting:


            Mr. Speaker: Your Committee on Financial Institutions, to which was referred SCS SB 270, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass, and pursuant to Rule 25(26)(f) be referred to the Committee on Rules.


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 14, as amended, and has taken up and passed CCS SCS HCS HB 14.


            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SB 168, entitled:


            An act to amend chapters 213 and 431, RSMo, by adding thereto eight new sections relating to resolution of disputes concerning alleged defective residential construction, with an effective date for a certain section.


            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 SCS SB 462, entitled:


            An act to repeal section 393.145, RSMo, and to enact in lieu thereof two new sections relating to certain sewer and water corporations.


            In which the concurrence of the House is respectfully requested.


            The following member's presence was noted: Marsh.




ADJOURNMENT


            On motion of Representative Dempsey, the House adjourned until 2:00 p.m., Wednesday, April 6, 2005.


CORRECTION TO THE HOUSE JOURNAL


            Correct House Journal, Forty-fifth Day, Thursday, March 31, 2005, Page 816, Line 21, by inserting immediately after said line the following:


REFERRAL OF HOUSE BILLS - APPROPRIATIONS


            The following House Bills were referred to the Committee indicated:


HB 1 - Budget

HB 2 - Budget

HB 3 - Budget

HB 4 - Budget

HB 5 - Budget

HB 6 - Budget

HB 7 - Budget

HB 8 - Budget

HB 9 - Budget

HB 10 - Budget

HB 11 - Budget

HB 12 - Budget

HB 13 - Budget


COMMITTEE MEETINGS


BUDGET

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.

Committee will adjourn at 2:00 p.m. AMENDED

Public hearing to be held on: HJR 12


BUDGET

Wednesday, April 6, 2005, 6:00 p.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.

Committee will adjourn at 10:00 p.m.




BUDGET

Thursday, April 7, 2005, 8:00 a.m. Hearing Room 3.

Committee will adjourn at 10:00 a.m. House Bills 1 through 13.

Executive session may follow.


BUDGET

Thursday, April 7, 2005, 2:00 p.m. Hearing Room 3.

Markup. House Bills 1 through 13.

Executive session may follow.


CHILDREN AND FAMILIES

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 452, HB 536, SB 21, SCS SB 501


CONSERVATION AND NATURAL RESOURCES

Wednesday, April 6, 2005, Hearing Room 1 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 824, HB 549, HB 698, HB 706, SS SJR 1


CONSERVATION AND NATURAL RESOURCES

Thursday, April 7, 2005, Hearing Room 1 upon afternoon adjournment.

Executive session.


CORRECTIONS AND PUBLIC INSTITUTIONS

Wednesday, April 13, 2005, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: SB 174, SB 288, SB 364, SCS SB 450, SCS SB 502


ELEMENTARY AND SECONDARY EDUCATION

Wednesday, April 6, 2005, 9:15 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: SCS SBs 103 & 115, SCS SB 161,

SCS SB 266, SB 298, SB 299, SCS SB 302, SB 306


ELEMENTARY AND SECONDARY EDUCATION

Thursday, April 7, 2005, 8:00 a.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: HB 831, HB 842, HB 514, HB 329


HEALTH CARE POLICY

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow.

Public hearing to be held on: HB 636




HEALTH CARE POLICY

Thursday, April 7, 2005, 8:30 a.m. Hearing Room 5.

Executive session may follow. AMENDED

Public hearings to be held on: HB 802, HB 805, HB 835, SB 323, SB 518


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, April 6, 2005, 12:00 p.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: HB 854, HB 863, SCS SB 70, SB 156, SB 99


JOINT COMMITTEE ON TERRORISM, BIOTERRORISM AND HOMELAND SECURITY

Thursday, April 7, 2005, 8:30 a.m. House Lounge.

Vote to approve the 12-7-04 report of the Joint Committee on

Terrorism, Bioterrorism and Homeland Security.


JUDICIARY

Thursday, April 7, 2005, Hearing Room 7 upon morning adjournment.

Executive session.

Hearing will begin thirty minutes upon adjournment.


LOCAL GOVERNMENT

Thursday, April 7, 2005, 8:00 a.m. Hearing Room 6.

Executive session may follow. AMENDED

Public hearings to be held on: SCS SB 138, SS SCS SB 210,

SCS SB 262, SB 268, SCS SB 57, SB 242, SB 307


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, April 6, 2005, 12:00 p.m. Hearing Room 1. AMENDED

Public hearings to be held on: HB 554, HB 855, SCS SB 28, SB 177, SB 178

Executive session may be held on: HB 61, HB 652, HB 662,

HB 665, HB 702, HB 803, HB 855


RETIREMENT

Wednesday, April 6, 2005, 6:00 p.m. Hearing Room 7.

Executive session may follow. AMENDED

Public hearings to be held on: HB 804, HB 327, HB 721, SB 317


RULES

Wednesday, April 6, 2005, 1:00 p.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HB 412, HCS HB 66, HB 679,

HCS HB 640, HB 116, HCS HB 586, SS SCS SB 179




RULES

Wednesday, April 6, 2005, House Chamber side gallery upon afternoon adjournment.

Executive session may follow.

Public hearings to be held on: SCS SB 69, HCS SCS SB 270


SENIOR CITIZEN ADVOCACY

Thursday, April 7, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow.

Public hearings to be held on: HB 816, HB 827, HB 859


SMALL BUSINESS

Wednesday, April 6, 2005, 12:00 p.m. Hearing Room 4.

Executive session may follow.

Public hearings to be held on: SB 141, SB 173, SB 211


SPECIAL COMMITTEE ON URBAN ISSUES

Wednesday, April 6, 2005, Hearing Room 4 upon evening adjournment.

Executive session may follow.

Public hearings to be held on: HB 880, SCS SB 246


TRANSPORTATION

Wednesday, April 6, 2005, 8:00 a.m. Hearing Room 1.

Executive session may follow. AMENDED

Public hearings to be held on: HB 612, HB 777, HB 760, HB 632,

HB 223, HB 147, SB 38, SB 209, SCS SB 233


UTILITIES

Wednesday, April 6, 2005, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearing to be held on: SS SCS SB 237


WAYS AND MEANS

Wednesday, April 6, 2005, Hearing Room 5 upon evening adjournment.

Executive session may follow. AMENDED

Public hearings to be held on: HB 912, HB 779, SCS SB 267, SCS SB 238,

SB 189, SCS SB 222, SCS SB 68, SCS SB 310, SB 396


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, April 6, 2005, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 828, HB 881




HOUSE CALENDAR


FORTY-NINTH DAY, WEDNESDAY, APRIL 6, 2005


HOUSE BILLS FOR PERFECTION


1          HB 344 - Baker (123)

2          HB 376 - Guest

3          HCS HB 576 - Flook

4          HCS HB 286 - Bland

5          HCS HB 519, as amended - Roark                 (3 hours debate on Perfection)

6          HB 539 - Icet

7          HCS HB 474 - Yates

8          HCS HB 628 - Byrd

9          HCS HB 639 - Cunningham (86)

10        HB 410 - Flook

11        HCS HB 532 - Spreng

12        HCS HB 255 - Cunningham (86)

13        HCS HB 387 - Byrd

14        HCS HB 525 - May

15        HB 530 - Moore

16        HCS HB 353 - Lipke                                      (2 hours debate on Perfection)

17        HB 205 - Salva

18        HCS HB 49 & 50 - Jolly

19        HCS HB 209 - Cooper (120)

20        HCS HB 461 - Sutherland

21        HCS HB 36 - Davis

22        HCS HB 400 - Yates

23        HB 320 - Muschany

24        HB 417 - Yates

25        HCS HB 440 - Pratt

26        HCS HB 649 - Fares

 

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE


HCS HB 276 - Cunningham (86)


HOUSE JOINT RESOLUTION FOR THIRD READING


HCS HJR 16 - Chinn


HOUSE BILLS FOR THIRD READING


1          HCS HB 394 - Byrd

2          HCS HB 388 - Yates

3          HCS HB 64, E.C. - Sutherland

4          HCS HB 518, 288, 418 & 635 - St. Onge

5          HB 700 - Moore

6          HB 375 - Nance


HOUSE BILL FOR THIRD READING - FEDERAL MANDATE


HB 738, E.C. - Behnen


HOUSE BILL FOR THIRD READING - CONSENT


HCS HB 508, E.C. - Pratt


SENATE BILLS FOR SECOND READING


1          SS SCS SB 168

2          SS SCS SB 462


SENATE BILLS FOR THIRD READING


1          HCS SCS SBs 202, 33, 45, 183 & 217, E.C. - Smith (118)

2          SS SB 539 - Stefanick                                    (7 hours debate on Third Reading) 


HOUSE CONCURRENT RESOLUTIONS


1          HCR 11, (2-17-05, Pages 351-352) - Sander

2          HCR 4, (3-02-05, Pages 467-468) - Burnett

3          HCR 9, (2-17-05, Page 351) - Bivins

4          HCR 15, (3-03-05, Pages 487-488) - Baker (123)

5          HCR 20, (3-09-05, Page 553) - Rupp

6          HCS HCR 24, (3-30-05, Pages 777-778) - Bowman


HOUSE RESOLUTION


HR 1117, (3-10-05, Page 587) - Wright (137)