JOURNAL OF THE HOUSE
SECOND REGULAR SESSION, 90th GENERAL ASSEMBLY
FIFTY-SEVENTH DAY, WEDNESDAY, APRIL 19, 2000
Speaker Gaw in the Chair.
Prayer by Reverend Harold Butler, Northern Baptist Church, St. Louis.
O Lord, Our God, Ruler of the nations, regard with favor all members of the Senate and of the House of Representatives, the presiding officers, and all other officials. Endow them with a high sense of responsibility of the office to which they have been elected. Make them immune to the temptations of selfish interests. Fill them with knowledge and wisdom, that the resolutions adopted and the laws enacted may meet Your standards and be for the good of all people.
Bless our country, bless our government, bless all people, and make this nation a blessing to the people of the world. In the name of Your Son and our Redeemer we pray. 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: Amanda O’Connell, Courtney Wiesenhan, Lizzie Griesedieck, Kevin Donnelly, Elise Desloge, Brittani Kelsey, Austin Gray, Heather Woodley, Becky Thole, David Neislein, Mandi Pohlman, Cory Wucher, Adam McKenzie, Kayla Stierwalt, Patrick O’Brian, Rosemary Rolls, Takendra Brown, Crystal Vahrenhold, Kyle Morin, John Oungst, Jacqueline Slavin, Brandon Keith Jackson, Devin Spears, Jordan Michael Matteucci, John Paul Matteucci, Georgiana Candice Matteucci and Ashleigh Grace Clemensen.
The Journal of the fifty-sixth day was approved as corrected by the following vote:
AYES: 081
Abel Backer Barry 100 Berkowitz Bonner Boucher 48 Boykins Bray 84 Britt Brooks Campbell Clayton Crump Curls Davis 122 Davis 63 Days Dougherty Farnen Fitzwater Foley Ford Franklin Fraser Gambaro George Graham 24 Gratz Gunn Hagan-Harrell Hampton Harlan Hilgemann Hollingsworth Hoppe Hosmer Kelly 27 Kennedy Kissell Koller Kreider Lawson Leake Liese Luetkenhaus May 108 Mays 50 McBride McKenna McLuckie Merideth Monaco Murray O'Connor O'Toole Overschmidt Parker Ransdall Relford Reynolds Riley Rizzo Scheve Schilling Seigfreid Selby Shelton Skaggs Smith Thompson Treadway Troupe Van Zandt Wagner Ward Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
1000 1001 Journal of the House
NOES: 074
Akin Alter Ballard Barnett Bartelsmeyer Bartle Bennett Berkstresser Black Blunt Boatright Burton Champion Chrismer Cierpiot Crawford Dolan Elliott Enz Evans Foster Froelker Gibbons Graham 106 Griesheimer Gross Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin Holand Howerton Kasten Kelley 47 King Klindt Legan Levin Linton Lograsso Long Loudon Luetkemeyer Marble McClelland Miller Murphy Myers Naeger Nordwald Ostmann Patek Phillips Pouche 30 Pryor Purgason Reid Reinhart Richardson Robirds Ross Sallee Schwab Scott Secrest Shields Summers Surface Townley Tudor Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 007
Auer Gaskill Green Hickey Lakin Ridgeway Stokan
VACANCIES: 001
RESOLUTION
HR 233 was taken up by the Missouri House of Representatives and read.
House Resolution No. 233
WHEREAS, it is with a tremendous sense of pride that the members of the Missouri House of Representatives pause to recognize an outstanding group of athletes who have distinguished themselves as the world champions of professional football; and
WHEREAS, on January 30, 2000, the St. Louis Rams culminated their unbelievable season as they walked away with the Super Bowl XXXIV Championship after defeating the Tennessee Titans during a nail-biting game that ended with a Rams victory of 23-16; and
WHEREAS, following a 16-0 lead at the half, the Tennessee Titans came back to tie the score at 16-all until Wide Receiver Isaac Bruce completed a 73-yard touchdown pass to put the Rams out in front, where they anticipated a victory until the Titans made their way into the red zone in the final minutes of the game; and
WHEREAS, both teams fearing an overtime sudden death, the last play of the game came when Outside Linebacker Mike Jones, the pride of the University of Missouri, prevented a touchdown attempt made by Titan Kevin Dyson with a textbook tackle at the one-yard line as time expired; and
WHEREAS, Super Bowl XXXIV was highlighted by contributions from NFL and Super Bowl MVP Quarterback Kurt Warner, who broke a Super Bowl Record with 414 yards passing; Wide Receiver Isaac Bruce, who made six receptions for 162 yards; Wide Receiver Torry Holt, who made one touchdown and seven receptions for 109 yards; and NFL Offensive Player of the Year Running Back Marshall Faulk, who holds the new NFL All-Time Yards from Scrimmage Record at 2,429 yards; and
WHEREAS, the Super Bowl Championship Team sparkled with the stunning talent of eight Pro Bowl players, including Kurt Warner, Marshall Faulk, Adam Timmerman, Todd Lyght, Kevin Carter, Isaac Bruce, D'Marco Farr, and Orlando Pace; and Fifty-seventh Day–Wednesday, April 19, 2000 1002
WHEREAS, the oldest Head Coach ever to win a Super Bowl title, NFL Coach of the Year Dick Vermeil led the Rams to glory after culminating his long and illustrious career with his third Super Bowl victory and his first trip to the Super Bowl in nineteen years; and
WHEREAS, the St. Louis Rams scored more points than any other team in the NFL this season to win their first Super Bowl and to become Missouri's first Super Bowl Champions since the Kansas City Chiefs in 1970:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninetieth General Assembly, unanimously join in extending our most hearty congratulations to Rams owner Georgia Frontiere, Head Coach Dick Vermeil, and the entire coaching staff and players of the St. Louis Rams Football Team for bringing the coveted Lombardi Trophy home to the Show-Me State; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the St. Louis Rams.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1168 - Representative McClelland House Resolution No. 1169 and House Resolution No. 1170 - Representative Patek House Resolution No. 1171 - Representative Schwab House Resolution No. 1172 - Representative Hartzler (124) House Resolution No. 1173 - Representative Townley House Resolution No. 1174 through House Resolution No. 1178 - Representative Fitzwater House Resolution No. 1179 - Representative Fraser House Resolution No. 1180 - Representative Hegeman
SECOND READING OF HOUSE BILL
HB 2167 was read the second time.
SECOND READING OF HOUSE BILL - APPROPRIATIONS
HB 1122 was read the second time.
SECOND READING OF SENATE CONCURRENT RESOLUTIONS
SCR 29, SCR 35, SCR 36 and SCR 37 were read the second time.
COMMITTEE REPORT
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting: 1003 Journal of the House
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1326, HB 1464 and HS HCS HB 1762, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HS HCS HB 1762 - Fiscal Review (Fiscal Note) HB 1122 - Budget
HOUSE BILLS WITH SENATE AMENDMENTS
SCS HCS HB 1101, relating to appropriations, was taken up by Representative Franklin.
On motion of Representative Franklin, SCS HCS HB 1101 was adopted by the following vote:
AYES: 145
Abel Akin Alter Backer Ballard Barnett Barry 100 Bartelsmeyer Bennett Berkowitz Berkstresser Black Blunt Boatright Bonner Boykins Bray 84 Britt Brooks Burton Campbell Champion Chrismer Cierpiot Clayton Crawford Crump Curls Davis 122 Davis 63 Days Dolan Dougherty Enz Evans Farnen Fitzwater Foley Ford Foster Franklin Fraser Froelker Gambaro Gaskill George Graham 106 Graham 24 Gratz Griesheimer Gross Gunn Hagan-Harrell Hampton Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson Hilgemann Hohulin Holand Hollingsworth Hoppe Hosmer Howerton Kasten Kelly 27 Kennedy King Kissell Klindt Koller Kreider Lawson Leake Legan Levin Liese Linton Lograsso Long Loudon Luetkemeyer Marble May 108 Mays 50 McClelland McKenna McLuckie Merideth Miller Monaco Murray Myers Nordwald O'Connor O'Toole Ostmann Overschmidt Parker Patek Phillips Pouche 30 Pryor Purgason Ransdall Reinhart Relford Reynolds Richardson Riley Rizzo Robirds Ross Sallee Scheve Schilling Schwab Scott Seigfreid Selby Shelton Shields Skaggs Smith Summers Surface Thompson Townley Treadway Troupe Tudor Van Zandt Vogel Wagner Ward Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 001
Murphy
PRESENT: 001
Reid Fifty-seventh Day–Wednesday, April 19, 2000 1004
ABSENT WITH LEAVE: 015
Auer Bartle Boucher 48 Elliott Gibbons Green Hickey Kelley 47 Lakin Luetkenhaus McBride Naeger Ridgeway Secrest Stokan
VACANCIES: 001
On motion of Representative Franklin, SCS HCS HB 1101 was truly agreed to and finally passed by the following vote:
AYES: 149
Abel Akin Alter Backer Ballard Barnett Barry 100 Bartelsmeyer Bartle Bennett Berkowitz Berkstresser Black Boatright Bonner Boucher 48 Boykins Bray 84 Britt Brooks Burton Campbell Champion Chrismer Cierpiot Clayton Crump Curls Davis 122 Davis 63 Days Dolan Dougherty Elliott Enz Evans Farnen Fitzwater Foley Ford Foster Franklin Fraser Froelker Gambaro Gaskill George Gibbons Graham 106 Graham 24 Gratz Griesheimer Gross Gunn Hagan-Harrell Hampton Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson Hilgemann Hohulin Holand Hollingsworth Hoppe Hosmer Howerton Kasten Kelley 47 Kelly 27 Kennedy King Kissell Klindt Koller Kreider Lawson Leake Legan Levin Liese Linton Lograsso Long Loudon Luetkemeyer Marble May 108 Mays 50 McClelland McKenna McLuckie Merideth Monaco Murray Myers Naeger Nordwald O'Connor O'Toole Ostmann Overschmidt Parker Patek Pouche 30 Pryor Purgason Ransdall Reid Reinhart Relford Reynolds Richardson Riley Rizzo Robirds Ross Sallee Scheve Schilling Schwab Scott Secrest Seigfreid Selby Shelton Shields Skaggs Smith Summers Surface Thompson Townley Treadway Troupe Tudor Van Zandt Vogel Wagner Ward Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker
NOES: 001
Murphy
PRESENT: 000
ABSENT WITH LEAVE: 012
Auer Blunt Crawford Green Hickey Lakin Luetkenhaus McBride Miller Phillips Ridgeway Stokan
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Dougherty, title to the bill was agreed to.
Representative Farnen moved that the vote by which the bill passed be reconsidered. 1005 Journal of the House
Representative Fitzwater moved that motion lay on the table.
The latter motion prevailed.
SCS HCS HB 1102, as amended, relating to appropriations, was taken up by Representative Franklin.
Representative Franklin moved that the House refuse to adopt SCS HCS HB 1102, 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.
SCS HCS HB 1103, as amended, relating to appropriations, was taken up by Representative Franklin.
Representative Franklin moved that the House refuse to adopt SCS HCS HB 1103, 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.
SCS HCS HB 1104, relating to appropriations, was taken up by Representative Franklin.
Representative Franklin moved that the House refuse to adopt SCS HCS HB 1104 and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Which motion was adopted.
SCS HCS HB 1105, as amended, relating to appropriations, was taken up by Representative Franklin.
Representative Franklin moved that the House refuse to adopt SCS HCS HB 1105, 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.
PERFECTION OF HOUSE BILL - INFORMAL
HCS HBs 1489, 1488 & 1650, with HS, as amended, pending, relating to immunizations of school children, was taken up by Representative Kennedy.
Representative Seigfreid offered House Amendment No. 3. Fifty-seventh Day–Wednesday, April 19, 2000 1006
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1489, 1488 & 1650, Pages 4-5, Section 192.905, by deleting all of said section; and
Further amend the title, enacting clause, and intersectional references accordingly.
On motion of Representative Seigfreid, House Amendment No. 3 was adopted.
Representative Shields offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1489, 1488 & 1650, Page 2, Section 167.181, Line 8, by deleting the word “attending” and replacing with the words “entering their education in”.
HCS HBs 1489, 1488 & 1650, with House Amendment No. 4 and HS, as amended, pending, was laid over.
Representative Hollingsworth assumed the Chair.
COMMITTEE REPORTS
Committee on Fiscal Review, Chairman Backer reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 1569 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 1711 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
MESSAGE 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 SCR 22.
SENATE CONCURRENT RESOLUTION NO. 22
WHEREAS, Robert Ward served the citizenry of District 107 as a member of the Missouri House of Representatives from 1982 to 1996; and
WHEREAS, Robert Ward's commitment to public service was exemplified by his tenure in the Missouri House of Representatives, where he served as Majority Floor Leader from 1991 to 1994 and as Majority Whip from 1987 to 1990: 1007 Journal of the House
NOW, THEREFORE, BE IT RESOLVED, that the members of the Missouri Senate, Ninetieth General Assembly, Second Regular Session, the House of Representatives concurring therein, do hereby instruct the Missouri Highway Commission and the Department of Transportation to take action immediately to name a section of Route 32, St. Francois County, from west of Route B (Park Hill) to 0.4 miles west of Route 67 (Leadington), with a total length of 3.5 miles, the "State Representative Bob Ward Highway", to honor Robert Ward for his many years of commitment to public service; and
BE IT FURTHER RESOLVED that the designation of the State Representative Bob Ward Highway be completed no later than July 15, 2000; and
BE IT FURTHER RESOLVED that the Secretary of the Senate be instructed to prepare properly inscribed copies of this resolution for Robert Ward, the Missouri Highway Commission and the Department of Transportation.
In which the concurrence of the House is respectfully requested.
On motion of Representative Crump, the House recessed until 2:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by Speaker Gaw.
The Speaker appointed the following to act as an Honorary Page for the Day, to serve without compensation: Keshia L. Young.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1181 - Representative Ford House Resolution No. 1182 - Representative Sallee House Resolution No. 1183 - Representative Kelly (27), et al House Resolution No. 1184 - Representative Williams (159)
PERFECTION OF HOUSE BILL - INFORMAL
HCS HBs 1489, 1488 & 1650, with House Amendment No. 4 and HS, as amended, pending, relating to immunizations of school children, was again taken up by Representative Kennedy.
House Amendment No. 4 was withdrawn.
On motion of Representative Kennedy, HS HCS HBs 1489, 1488 & 1650, as amended, was adopted.
On motion of Representative Kennedy, HS HCS HBs 1489, 1488 & 1650, as amended, was ordered perfected and printed. Fifty-seventh Day–Wednesday, April 19, 2000 1008
THIRD READING OF SENATE BILL - INFORMAL
HCS SS SB 549, with HS, pending, relating to Tobacco Settlement Fund, was taken up by Representative Van Zandt.
Representative Lawson offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
“7. The state treasurer shall monthly transfer from monies being transferred into the tobacco settlement trust fund to the “Agriculture Economic Development Trust Fund” an amount equal to three and one-half percent of the tobacco settlement fund. Moneys in the agriculture economic development trust fund shall be appropriated solely for the purpose of developing opportunities for rural communities and family farms. The three and one-half percent transferred to the agriculture economic development fund shall be distributed as follows: (a) one percent to communities and farmers affected by the tobacco settlement and (b) two and one-half percent to other rural communities and family farms.”.
Representative Monaco assumed the Chair.
Speaker Gaw resumed the Chair.
Representative Van Zandt offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1 for House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 2, Section 196.1014, Line 10, by inserting after the word “people” the following:
“and such money shall only be appropriated pursuant to the provisions of said constitutional amendment”; and
Further amend said line, by deleting the words “or January 3, 2003, whichever occurs sooner”.
Representative Loudon raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 2 is not a true substitute amendment.
The Chair ruled the point of order not well taken.
Representative Van Zandt moved that House Substitute Amendment No. 1 for House Amendment No. 2 be adopted.
Which motion was defeated by the following vote: 1009 Journal of the House
AYES: 064
Abel Barry 100 Berkowitz Bonner Boucher 48 Boykins Bray 84 Brooks Campbell Clayton Curls Davis 122 Davis 63 Days Dougherty Farnen Fitzwater Foley Ford Franklin Fraser Gambaro George Graham 24 Green Gunn Hagan-Harrell Hampton Harlan Hickey Hilgemann Hollingsworth Hoppe Hosmer Kennedy Kreider Leake Mays 50 McBride McClelland McKenna McLuckie Monaco Murray O'Toole Overschmidt Parker Relford Riley Rizzo Scheve Schilling Shelton Skaggs Thompson Treadway Troupe Van Zandt Wagner Ward Williams 121 Wilson 25 Wilson 42 Mr. Speaker
NOES: 093
Akin Alter Backer Ballard Barnett Bartelsmeyer Bartle Bennett Berkstresser Black Blunt Boatright Britt Burton Champion Chrismer Cierpiot Crawford Dolan Elliott Enz Evans Foster Froelker Gaskill Gibbons Graham 106 Gratz Griesheimer Gross Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin Holand Howerton Kasten Kelley 47 Kelly 27 King Kissell Klindt Koller Lakin Lawson Legan Levin Liese Linton Lograsso Long Loudon Luetkemeyer Luetkenhaus Marble May 108 Merideth Miller Murphy Myers Naeger Nordwald O'Connor Ostmann Patek Phillips Pouche 30 Purgason Ransdall Reid Reinhart Reynolds Richardson Robirds Ross Sallee Schwab Scott Secrest Seigfreid Selby Shields Smith Summers Surface Townley Tudor Vogel Wiggins Williams 159 Wright
PRESENT: 000
ABSENT WITH LEAVE: 005
Auer Crump Pryor Ridgeway Stokan
VACANCIES: 001 Representative Lawson moved that House Amendment No. 2 be adopted.
Which motion was defeated.
HCS SS SB 549, with HS, pending, was placed back on the Informal Calendar.
PERFECTION OF HOUSE BILLS
HCS HB 1811, relating to Farmland Protection Act, was taken up by Representative Kreider.
Representative Kreider offered HS HCS HB 1811.
Representative Williams (159) offered House Amendment No. 1. Fifty-seventh Day–Wednesday, April 19, 2000 1010
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for House Bill No. 1811, Page 4, Section 3, Line 9 of said page, by inserting after all of said line the following:
"32.110. Any business firm which engages in the activities of providing physical revitalization, economic development, job training or education for individuals, community services, or crime prevention in the state of Missouri shall receive a tax credit as provided in section 32.115 if the director of the department of economic development annually approves the proposal of the business firm; except that, no proposal shall be approved which does not have the endorsement of the agency of local government within the area in which the business firm is engaging in such activities which has adopted an overall community or neighborhood development plan that the proposal is consistent with such plan. The proposal shall set forth the program to be conducted, the neighborhood area to be served, why the program is needed, the estimated amount to be contributed to the program and the plans for implementing the program. If, in the opinion of the director of the department of economic development, a business firm's contribution can more consistently with the purposes of sections 32.100 to 32.125 be made through contributions to a neighborhood organization as defined in subdivision (12) of section 32.105, tax credits may be allowed as provided in section 32.115. The director of the department of economic development is hereby authorized to promulgate rules and regulations for establishing criteria for evaluating such proposals by business firms for approval or disapproval and for establishing priorities for approval or disapproval of such proposals by business firms with the assistance and approval of the director of the department of revenue. The total amount of tax credit granted for programs approved pursuant to sections 32.100 to 32.125 shall not exceed fourteen million dollars in fiscal year 1999 and twenty-six million dollars in fiscal year 2000, and any subsequent fiscal year, except as otherwise provided for proposals approved pursuant to section 32.111, 32.112 or 32.117. All tax credits authorized pursuant to the provisions of sections 32.100 to 32.125 may be used as a state match to secure additional federal funding. Contributing funds to help finance a building or structure and any equipment necessary therein which is located within this state and used to sell or add value to agricultural food products grown or produced in Missouri by family farm corporations, as defined in subdivision (5) of section 350.010, RSMo, family farms as defined in subdivision (4) of section 350.010, RSMo, and value-added agricultural products produced by eligible new generation cooperatives, as defined in section 348.430, RSMo. The total amount of tax credits allowed for programs described in the preceding sentence is two and one-half million dollars per fiscal year for fiscal years 2002 to 2006. 261.031. The marketing program currently known as AgriMissouri is renamed "Producer's Choice". 261.032. The director of the department of agriculture shall, for the use of the marketing division of the department of agriculture, develop and implement rules and regulations by product category for all Missouri agricultural products included in the producer's choice marketing program, formerly known as AgriMissouri, or any equivalent successor program. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it is promulgated pursuant to chapter 536, RSMo. 261.037. 1. There is hereby created in the state treasury for the use of the marketing division of the state department of agriculture a fund to be known as "The Missouri Agricultural Products Marketing Development Fund". The general assembly shall appropriate to the fund from the general revenue fund one million three hundred thousand dollars for fiscal year 2002, one million dollars for fiscal year 2003 and seven hundred fifty thousand dollars for fiscal years 2003 to 2006. All moneys received by the state department of agriculture for Missouri agricultural products marketing development from any source, including trademark fees, shall be deposited in the fund. Moneys deposited in the fund shall, upon appropriation by the general assembly to the state department of agriculture, be expended by the marketing division of the state department of agriculture for purposes of Missouri agricultural products marketing development as specified in this section. The unexpended balance in the Missouri agricultural products marketing development fund at the end of the biennium shall not be transferred to the ordinary revenue fund of the state treasury and accordingly shall be exempt from the provisions of section 33.080, RSMo, relating to transfer of funds to the ordinary revenue funds of the state by the state treasurer. 2. There is hereby created within the department of agriculture the "Citizens' Advisory Commission for Marketing Missouri Agricultural Products". The commission shall establish guidelines for the spending by the marketing division of the department of agriculture of all moneys in the Missouri agricultural products marketing development fund created pursuant to subsection 1 of this section. The guidelines shall focus on the promotion of the Producer's Choice or successor trademark associated with Missouri agricultural products 1011 Journal of the House which has been approved by the general assembly, and shall advance the following objectives: (1) Increasing the impact and fostering the effectiveness of local efforts to promote Missouri agricultural products; (2) Enabling and encouraging expanded advertising efforts for Missouri agricultural products; (3) Encouraging effective, high-quality advertising projects, innovative marketing strategies, and the coordination of local, regional and statewide marketing efforts; (4) Providing training and technical assistance to cooperative-marketing partners.
The commission shall establish a fee structure for sellers electing to use the producer's choice or successor trademark associated with Missouri agricultural products. Under the fee structure: (1) A seller having gross annual sales greater than two million dollars per fiscal year of Missouri agricultural products which constitute the final product of a series of processes or activities shall remit to the marketing division of the department of agriculture, at such times and in such manner as may be prescribed, a trademark fee of one-half of one percent of the aggregate amount of all of such seller's wholesale sales of products carrying the producer's choice or successor trademark; and (2) All sellers having gross annual sales less than or equal to two million dollars per fiscal year of Missouri agricultural products which constitute the final product of a series of processes or activities shall, after three years of selling Missouri agricultural products carrying the producer's choice or successor trademark, shall remit to the marketing division of the department of agriculture, at such times and in such manner as may be prescribed, a trademark fee of one-half of one percent of the aggregate amount of all of such seller's wholesale sales of products carrying the producer's choice or successor trademark. All trademark fees shall be deposited to the credit of the Missouri agricultural products marketing development fund, created pursuant to section 261.037. The commission may also create two additional trademark labels to be associated with Missouri agricultural products which are certified organic products and certified family farm produced products. 3. The marketing division of the department of agriculture is authorized to promote rules consistent with the guidelines and fee structure established by the commission. No rules or portion of a rule shall become effective unless it has been promulgated pursuant to the provisions of chapter 536, RSMo. 4. The commission shall consist of nine members appointed by the governor with the advice and consent of the senate. One member shall be the director of the market development division of the department of agriculture. At least one member shall be a specialist in advertising; at least one member shall be a specialist in agribusiness; at least one member shall be a specialist in the retail grocery business; at least one member shall be a specialist in communications; at least one member shall be a specialist in product distribution; at least one member shall be a family farmer with expertise in livestock farming; at least one member shall be a family farmer with expertise in grain farming and at least one member shall be a family farmer with expertise in organic farming. Members shall serve for four-year terms, except in the first appointments three members shall be appointed for terms of four years, three members shall be appointed for terms of three years and three members shall be appointed for terms of two years each. Any member appointed to fill a vacancy of an unexpired term shall be appointed for the remainder of the term of the member causing the vacancy. The governor shall appoint a chairperson of the commission, subject to ratification by the commission. 5. Commission members shall receive no compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their official duties on the commission. The division of market development of the department of agriculture shall provide all necessary staff and support services as required by the commission to hold commission meetings, to maintain records of official acts and to conduct all other business of the commission. The commission shall meet quarterly and at any such time that it deems necessary. Meetings may be called by the chairperson or by a petition signed by a majority of the members of the commission. Ten days notice shall be given in writing to such members prior to the meeting date. A simple majority of the members of the commission shall be present to constitute a quorum. Proxy voting shall not be permitted. 261.038. The marketing division of the department of agriculture shall create an Internet web site for the purpose of fostering the marketing of Missouri agricultural products over the Internet. The web site shall allow consumers to place orders for Missouri agricultural products over the Internet and shall enable small companies which process Missouri agricultural products to pool products with other such small companies."; and Fifty-seventh Day–Wednesday, April 19, 2000 1012
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Williams (159), House Amendment No. 1 was adopted.
Representative Graham (24) offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for House Bill No. 1811, Page 1, Section 1, Line 5 of said page, by inserting before all of said line the following:
"32.105. As used in sections 32.100 to 32.125, the following terms mean: (1) "Affordable housing assistance activities", money, real or personal property, or professional services expended or devoted to the construction, or rehabilitation of affordable housing units; (2) "Affordable housing unit", a residential unit generally occupied by persons and families with incomes at or below the levels described in this subdivision and bearing a cost to the occupant no greater than thirty percent of the maximum eligible household income for the affordable housing unit. In the case of owner-occupied units, the cost to the occupant shall be considered the amount of the gross monthly mortgage payment, including casualty insurance, mortgage insurance, and taxes. In the case of rental units, the cost to the occupant shall be considered the amount of the gross rent. The cost to the occupant shall include the cost of any utilities, other than telephone. If any utilities are paid directly by the occupant, the maximum cost that may be paid by the occupant is to be reduced by a utility allowance prescribed by the commission. Persons or families are eligible occupants of affordable housing units if the household combined, adjusted gross income as defined by the commission is equal to or less than the following percentages of the median family income for the geographic area in which the residential unit is located, or the median family income for the state of Missouri, whichever is larger; ("geographic area" means the metropolitan area or county designated as an area by the federal Department of Housing and Urban Development under Section 8 of the United States Housing Act of 1937, as amended, for purposes of determining fair market rental rates): Percent of State or Geographic Area Family Size of Household Median Income One Person 35% Two Persons 40% Three Persons 45% Four Persons 50% Five Persons 54% Six Persons 58% Seven Persons 62% Eight Persons 66% (3) "Business firm", person, firm, a partner in a firm, corporation or a shareholder in an S corporation doing business in the state of Missouri and subject to the state income tax imposed by the provisions of chapter 143, RSMo, or a corporation subject to the annual corporation franchise tax imposed by the provisions of chapter 147, RSMo, or an insurance company paying an annual tax on its gross premium receipts in this state, or other financial institution paying taxes to the state of Missouri or any political subdivision of this state pursuant to the provisions of chapter 148, RSMo, or an express company which pays an annual tax on its gross receipts in this state; (4) "Commission", the Missouri housing development commission; (5) "Community services", any type of counseling and advice, emergency assistance or medical care furnished to individuals or groups in the state of Missouri or transportation services at below-cost rates as provided in sections 208.250 to 208.275, RSMo; (6) "Crime prevention", any activity which aids in the reduction of crime in the state of Missouri; (7) "Defense industry contractor", a person, corporation or other entity which will be or has been negatively impacted as a result of its status as a prime contractor of the Department of Defense or as a second or third tier contractor. A "second tier contractor" means a person, corporation or other entity which contracts to perform manufacturing, maintenance or repair services for a prime contractor of the Department of Defense, and a "third tier 1013 Journal of the House contractor" means a person, corporation or other entity which contracts with a person, corporation or other entity which contracts with a prime contractor of the Department of Defense; (8) "Doing business", among other methods of doing business in the state of Missouri, a partner in a firm or a shareholder in an S corporation shall be deemed to be doing business in the state of Missouri if such firm or S corporation, as the case may be, is doing business in the state of Missouri; (9) "Economic development", the acquisition, renovation, improvement, or the furnishing or equipping of existing buildings and real estate in distressed or blighted areas of the state when such acquisition, renovation, improvement, or the furnishing or equipping of the business development projects will result in the creation or retention of jobs within the state; or, until June 30, 1996, a defense conversion pilot project located in a standard metropolitan statistical area which contains a city with a population of at least three hundred fifty thousand inhabitants, which will assist Missouri-based defense industry contractors in their conversion from predominately defense-related contracting to nondefense-oriented manufacturing. Only neighborhood organizations, as defined in subdivision (13) of this section, may apply to conduct economic development projects. Prior to the approval of an economic development project, the neighborhood organization shall enter into a contractual agreement with the department of economic development. Credits approved for economic development projects may not exceed four million dollars from within any one fiscal year's allocation. Neighborhood assistance program tax credits for economic development projects and affordable housing assistance as defined in section 32.111, may be transferred, sold or assigned by a notarized endorsement thereof naming the transferee; (10) "Education", any type of scholastic instruction or scholarship assistance to an individual who resides in the state of Missouri that enables the individual to prepare himself or herself for better opportunities or community awareness activities rendered by a statewide organization established for the purpose of archeological education and preservation; (11) "Eligible farmer's market", a group of farmers, each of whom farms agricultural land located within this state which he or she rents or owns, and who have formed a group for the purpose of allowing each member farmer to sell his or her products derived from his or her farming activities to the public at a common structure or building when at least fifty percent of the costs of such structure or building are paid for by such group of farmers; (12) "Farms" and "farming activities", using or cultivating land for the production of (a) agricultural crops; (b) livestock or livestock products; (c) poultry or poultry products; (d) milk or dairy products; or (e) fruit or other horticultural products, provided; however, "farms" and "farming activities" shall not include a processor of farm products or a distributor of farming supplies contracting to provide spraying, harvesting or other farming services; (13) "Homeless assistance pilot project", the program established pursuant to section 32.117; [(12)] (14) "Job training", any type of instruction to an individual who resides in the state of Missouri that enables the individual to acquire vocational skills so that the individual can become employable or be able to seek a higher grade of employment; [(13)] (15) "Neighborhood organization", any organization performing community services or economic development activities in the state of Missouri and: (a) Holding a ruling from the Internal Revenue Service of the United States Department of the Treasury that the organization is exempt from income taxation pursuant to the provisions of the Internal Revenue Code; or (b) Incorporated in the state of Missouri as a not for profit corporation pursuant to the provisions of chapter 355, RSMo; or (c) Designated as a community development corporation by the United States government pursuant to the provisions of Title VII of the Economic Opportunity Act of 1964; [(14)] (16) "Physical revitalization", furnishing financial assistance, labor, material, or technical advice to aid in the physical improvement or rehabilitation of any part or all of a neighborhood area; [(15)] (17) "S corporation", a corporation described in Section 1361(a)(1) of the United States Internal Revenue Code and not subject to the taxes imposed by section 143.071, RSMo, by reason of section 143.471, RSMo; [(16)] (18) "Workfare renovation project", any project initiated pursuant to sections 215.340 to 215.355, RSMo."; and
Further amend said bill, Page 8, Section 261.038, Line 22 of said page, by inserting after all of said line the following: Fifty-seventh Day–Wednesday, April 19, 2000 1014
"261.110. 1. The department of agriculture shall develop standards and labeling for organic farming. 2. The department of agriculture shall adopt rules to implement the provisions of this section. 3. 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 said title, enacting clause and intersectional references accordingly.
On motion of Representative Graham (24), House Amendment No. 2 was adopted.
On motion of Representative Kreider, HS HCS HB 1811, as amended, was adopted.
On motion of Representative Kreider, HS HCS HB 1811, as amended, was ordered perfected and printed.
HCS HB 1961, relating to missing and stolen pets, was taken up by Representative Fraser.
Representative Elliott offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1961, Page 2, Line 17, by inserting after the (.) on Line 17, the following:
“The department shall also require a photographic likeness of any stolen doggie to appear on the back of all 50 lb. bags of “Ol Roy” dog chow NOT TO EXCEED 10 dogs per sack. The following breeds of vicious dogs will not be allowed to be featured Rottweiler, German Shepard, Doberman and Pit Bull.”.
Representative Elliott moved that House Amendment No. 1 be adopted.
Which motion was defeated.
Representative Hanaway offered House Amendment No. 2.
Representative Britt raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Miller offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for House Bill No. 1961, Page 2, Section 570.033, Line 21, by bracketing out “the prosecutor” and inserting in lieu thereof the following: “a department of Law enforcement”.
On motion of Representative Miller, House Amendment No. 2 was adopted.
Representative Seigfreid offered House Amendment No. 3. 1015 Journal of the House
House Amendment No. 3
AMEND House Committee Substitute for House Bill No. 1961, Page 1, Section 570.033, Line 4, by deleting the word “C” and insert in lieu thereof “D”; and
Further amend said section, Line 5, by deleting the word “C” and inserting in lieu thereof the word “D”; and
Further amend Section 257.035, Line 4, by deleting the word “C” and inserting in lieu thereof the word “D”.
Representative Seigfreid moved that House Amendment No. 3 be adopted.
Which motion was defeated.
Representative Levin offered House Amendment No. 4.
Representative Britt raised a point of order that House Amendment No. 4 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
On motion of Representative Fraser, HCS HB 1961, as amended, was adopted.
On motion of Representative Fraser, HCS HB 1961, as amended, was ordered perfected and printed.
THIRD READING OF SENATE BILL - INFORMAL
HCS SS SB 549, with HS, pending, relating to Tobacco Settlement Fund, was again taken up by Representative Van Zandt.
Representative Hanaway offered House Amendment No. 3.
Representative Monaco raised a point of order that House Amendment No. 3 goes beyond the scope and is not germane to the bill.
The Chair ruled the point of order well taken.
Representative Campbell offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.014, Line 8, by inserting after said line the following:
"7. The patent and intellectual property provisions of the federal Bayh-Dole Act, codified in 35 U.S.C. Sections 200 et. al., are fully incorporated herein by reference with the state of Missouri taking the place of the terms "federal government" or "federal agency".". Fifty-seventh Day–Wednesday, April 19, 2000 1016
Representative Klindt offered House Substitute Amendment No. 1 for House Amendment No. 3.
Representative Monaco raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 3 is not a true substitute amendment.
The Chair ruled the point of order well taken.
On motion of Representative Campbell, House Amendment No. 3 was adopted.
Representative Levin offered House Amendment No. 4.
Representative Monaco raised a point of order that House Amendment No. 4 goes beyond the scope and is not germane to the bill.
The Chair ruled the point of order well taken.
Representative Van Zandt offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.014, Line 8, by inserting after said line the following:
"7. Notwithstanding any other provisions of law to the contrary, nothing in this section shall prohibit the general assembly from authorizing the sale of the state's future interest in the proceeds of any tobacco award or settlement for present valuation.".
Representative Levin offered House Substitute Amendment No. 1 for House Amendment No. 4.
Representative Monaco raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 4 is not a true substitute amendment.
The Chair ruled the point of order well taken.
On motion of Representative Van Zandt, House Amendment No. 4 was adopted.
Representative Blunt offered House Amendment No. 5.
Representative Monaco raised a point of order that House Amendment No. 5 was a negative motion and goes beyond the scope of the bill.
The Chair ruled the first point of order not well taken.
The Chair ruled the second point of order well taken. 1017 Journal of the House
Representative Levin offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.014, Line 8, by inserting after said line the following:
“All proceeds received from any tobacco award or settlement shall be considered general revenue.”.
Representative Van Zandt raised a point of order that House Amendment No. 5 goes beyond the scope and is not germane to the bill.
The Chair ruled the point of order not well taken.
Representative Reid offered House Substitute Amendment No. 1 for House Amendment No. 5.
Representative Monaco raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 5 goes beyond the scope of the bill.
The Chair ruled the point of order well taken.
Representative Marble offered House Substitute Amendment No. 1 for House Amendment No. 5.
House Substitute Amendment No. 1 for House Amendment No. 5
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.014, Line 8, by inserting after said line the following:
“All proceeds received from any tobacco award or settlement shall be considered total state revenue for purposes of Article 10 of Missouri Constitution.”.
Representative Marble moved that House Substitute Amendment No. 1 for House Amendment No. 5 be adopted.
Which motion was defeated by the following vote:
AYES: 066
Akin Alter Ballard Barnett Bartelsmeyer Bartle Bennett Berkstresser Black Blunt Boatright Burton Chrismer Cierpiot Crawford Dolan Elliott Enz Evans Foster Gaskill Gibbons Graham 106 Gross Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin Howerton Kasten Kelley 47 King Klindt Legan Levin Linton Lograsso Long Loudon Luetkemeyer Marble Miller Murphy Myers Naeger Nordwald Patek Phillips Fifty-seventh Day–Wednesday, April 19, 2000 1018
Pouche 30 Purgason Reid Reinhart Richardson Robirds Ross Schwab Scott Secrest Shields Summers Surface Townley Vogel Wright
NOES: 084
Backer Barry 100 Berkowitz Bonner Boucher 48 Boykins Bray 84 Britt Brooks Campbell Champion Clayton Crump Curls Davis 122 Davis 63 Days Dougherty Farnen Fitzwater Foley Ford Franklin Fraser Gambaro George Graham 24 Gratz Green Gunn Hagan-Harrell Hampton Harlan Hickey Hilgemann Holand Hollingsworth Hoppe Hosmer Kelly 27 Kennedy Kissell Koller Kreider Lakin Lawson Leake Liese Luetkenhaus May 108 Mays 50 McBride McKenna McLuckie Merideth Monaco Murray O'Connor O'Toole Overschmidt Parker Ransdall Relford Reynolds Riley Rizzo Scheve Schilling Seigfreid Selby Shelton Skaggs Smith Thompson Treadway Tudor Van Zandt Wagner Ward Wiggins Williams 121 Williams 159 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 012
Abel Auer Froelker Griesheimer McClelland Ostmann Pryor Ridgeway Sallee Stokan Troupe Wilson 25
VACANCIES: 001
Representative Levin moved that House Amendment No. 5 be adopted.
Which motion was defeated by the following vote:
AYES: 063
Akin Alter Ballard Barnett Bartelsmeyer Bartle Bennett Berkstresser Blunt Boatright Burton Champion Chrismer Cierpiot Crawford Dolan Elliott Enz Evans Foster Gaskill Gibbons Graham 106 Gross Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin Howerton Kelley 47 King Klindt Leake Legan Levin Lograsso Long Loudon Luetkemeyer Marble Miller Myers Naeger Nordwald Patek Phillips Pouche 30 Purgason Reinhart Richardson Robirds Ross Schwab Scott Secrest Shields Summers Surface Townley Vogel Wright
NOES: 081
Backer Barry 100 Berkowitz Black Bonner Boucher 48 Boykins Bray 84 Britt Brooks Campbell Clayton Crump Curls Davis 122 Davis 63 Days Dougherty Farnen Fitzwater Foley Ford Franklin Fraser Gambaro George Graham 24 Gratz Green Hagan-Harrell Hampton Harlan Hickey Hilgemann Holand Hollingsworth Hoppe Hosmer Kelly 27 Kennedy Koller Kreider Lakin Lawson Liese 1019 Journal of the House
Luetkenhaus May 108 Mays 50 McBride McKenna McLuckie Merideth Monaco Murray O'Connor O'Toole Overschmidt Parker Ransdall Relford Reynolds Riley Rizzo Scheve Schilling Seigfreid Selby Shelton Skaggs Smith Thompson Treadway Tudor Van Zandt Wagner Ward Wiggins Williams 121 Williams 159 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 018
Abel Auer Froelker Griesheimer Gunn Kasten Kissell Linton McClelland Murphy Ostmann Pryor Reid Ridgeway Sallee Stokan Troupe Wilson 25
VACANCIES: 001
Representative Lawson offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
“7. One percent of the tobacco settlement trust fund shall be appropriated to the Department of Agriculture for direct distribution to farmers hurt by the tobacco settlement, who are quota holders, tenant farmers and tobacco growers. An additional two and one-half percent of the tobacco settlement moneys shall be deposited in the new generation cooperative incentive program.”.
Representative Van Zandt raised a point of order that House Amendment No. 6 is dilatory.
The Chair ruled the point of order not well taken.
On motion of Representative Lawson, House Amendment No. 6 was adopted by the following vote:
AYES: 097
Alter Backer Ballard Barnett Bartelsmeyer Bennett Berkowitz Berkstresser Black Blunt Boatright Britt Burton Champion Chrismer Cierpiot Clayton Crawford Crump Davis 122 Dolan Elliott Enz Evans Farnen Fitzwater Ford Foster Gaskill George Graham 106 Gratz Green Gross Hampton Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey Hohulin Hollingsworth Hoppe Howerton Kasten Kelley 47 Kelly 27 King Kissell Klindt Koller Kreider Lakin Lawson Leake Legan Liese Lograsso Long Luetkemeyer Luetkenhaus Marble May 108 Miller Myers Naeger O'Connor O'Toole Overschmidt Patek Phillips Pouche 30 Purgason Ransdall Reinhart Relford Richardson Robirds Ross Schwab Scott Secrest Seigfreid Shields Skaggs Fifty-seventh Day–Wednesday, April 19, 2000 1020
Smith Summers Surface Townley Tudor Vogel Ward Wiggins Williams 121 Williams 159 Wright Mr. Speaker
NOES: 049
Akin Barry 100 Bartle Bonner Boucher 48 Boykins Bray 84 Brooks Campbell Curls Davis 63 Days Dougherty Foley Franklin Fraser Gambaro Gibbons Graham 24 Gunn Hagan-Harrell Hanaway Harlan Hilgemann Holand Hosmer Levin Linton Loudon Mays 50 McBride McKenna McLuckie Merideth Monaco Murphy Murray Parker Reynolds Riley Rizzo Scheve Schilling Selby Shelton Thompson Treadway Van Zandt Wilson 42
PRESENT: 001
Reid
ABSENT WITH LEAVE: 015
Abel Auer Froelker Griesheimer Kennedy McClelland Nordwald Ostmann Pryor Ridgeway Sallee Stokan Troupe Wagner Wilson 25
VACANCIES: 001
Representative Burton offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting at the end of said line the following:
“Abortion as used in this section shall not include an abortion necessary to save the life of the mother.”.
Representative Monaco offered House Substitute Amendment No. 1 for House Amendment No. 7.
House Substitute Amendment No. 1 for House Amendment No. 7 was withdrawn.
On motion of Representative Burton, House Amendment No. 7 was adopted.
Representative Lograsso offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting immediately after House Amendment No. 6, the following:
“8. Since tobacco use is known to increase the risk of developmental disabilities, the state treasurer shall monthly transfer from the tobacco settlement trust fund to the Missouri Department of Mental Health an amount equal to fifteen percent of the tobacco settlement trust fund. Monies transferred to the Department of Mental Health pursuant to this paragraph shall be appropriated solely for the purpose of assisting Missouri residents who have developmental disabilities.”. 1021 Journal of the House
On motion of Representative Lograsso, House Amendment No. 8 was adopted by the following vote:
AYES: 136
Akin Alter Backer Ballard Barnett Barry 100 Bartelsmeyer Bartle Berkowitz Berkstresser Black Blunt Boatright Bonner Boucher 48 Boykins Britt Brooks Burton Campbell Champion Chrismer Cierpiot Clayton Crawford Crump Curls Davis 122 Davis 63 Days Dolan Dougherty Elliott Enz Evans Farnen Fitzwater Foley Ford Foster Franklin Gambaro Gaskill George Gibbons Graham 106 Graham 24 Gratz Green Gross Hampton Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey Hilgemann Hohulin Holand Hollingsworth Hoppe Hosmer Howerton Kasten Kelley 47 Kelly 27 King Kissell Klindt Koller Kreider Lakin Lawson Leake Legan Levin Liese Linton Lograsso Loudon Luetkemeyer Luetkenhaus Marble May 108 Mays 50 McBride McKenna Miller Monaco Murphy Murray Myers Naeger O'Connor O'Toole Overschmidt Parker Patek Phillips Pouche 30 Purgason Ransdall Reid Reinhart Relford Reynolds Richardson Riley Rizzo Robirds Ross Scheve Schwab Scott Secrest Seigfreid Selby Shelton Shields Skaggs Smith Summers Surface Thompson Townley Treadway Tudor Vogel Ward Wiggins Williams 121 Williams 159 Wilson 42 Wright Mr. Speaker
NOES: 007
Bray 84 Fraser Gunn Hagan-Harrell Merideth Schilling Van Zandt
PRESENT: 001
Bennett
ABSENT WITH LEAVE: 018
Abel Auer Froelker Griesheimer Harlan Kennedy Long McClelland McLuckie Nordwald Ostmann Pryor Ridgeway Sallee Stokan Troupe Wagner Wilson 25
VACANCIES: 001
Representative Patek offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
“7. The state treasurer shall transfer annually from the tobacco settlement trust fund to the “Cancer Treatment Trust Fund” an amount equal to five percent of the tobacco settlement trust fund. Moneys in the “Cancer Treatment Trust Fund” shall be appropriated solely for the use of treating cancer and cancer research at the Ellis Fischel State Cancer Hospital.”. Fifty-seventh Day–Wednesday, April 19, 2000 1022
On motion of Representative Patek, House Amendment No. 9 was adopted.
Representative Levin offered House Amendment No. 10.
Representative Van Zandt raised a point of order that House Amendment No. 10 is dilatory.
The Chair ruled the point of order not well taken.
Representative Monaco raised a point of order that House Amendment No. 10 is not germane to the bill.
The Chair ruled the point of order well taken.
Representative Wilson (42) offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
“7. Of any allocation of the tobacco settlement trust fund for tobacco cessation and prevention programs, 75% shall be allocated to the population which is most affected by tobacco related diseases.”.
Representative Scheve assumed the Chair.
On motion of Representative Wilson (42), House Amendment No. 10 was adopted.
Representative Hendrickson offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 2, Section 196.1014, Line 9, by deleting the words “voted on” and substituting therefor the word “adopted”.
On motion of Representative Hendrickson, House Amendment No. 11 was adopted.
Representative Graham (24) offered House Amendment No. 12.
Representative Shields raised a point of order that House Amendment No. 12 amends previously amended material.
Representative Scheve requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
Representative Reid offered House Amendment No. 12. 1023 Journal of the House
House Amendment No. 12
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Section 196.1014, Page 3, Line 8, by inserting after said line the following:
“7. No moneys in the tobacco settlement fund shall be directly or indirectly appropriated to any company that consistently engages in a pattern of price discrimination to subsidize foreign competitors of Missouri farmers.”.
On motion of Representative Reid, House Amendment No. 12 was adopted by the following vote:
AYES: 089
Alter Backer Barnett Barry 100 Bartelsmeyer Bartle Bennett Berkowitz Berkstresser Black Blunt Britt Champion Chrismer Cierpiot Clayton Crawford Crump Curls Davis 122 Dougherty Elliott Enz Fitzwater Ford Foster Gambaro Gaskill George Graham 106 Gratz Hampton Hartzler 123 Hartzler 124 Hegeman Hickey Hohulin Holand Howerton Kasten Kelley 47 Kelly 27 King Klindt Koller Kreider Lakin Leake Legan Luetkemeyer Luetkenhaus May 108 McBride Merideth Miller Monaco Murphy Murray Myers Naeger Overschmidt Parker Patek Phillips Purgason Ransdall Reid Reinhart Relford Reynolds Richardson Robirds Ross Scheve Schwab Seigfreid Selby Shields Skaggs Smith Summers Surface Townley Vogel Wiggins Williams 159 Wilson 42 Wright Mr. Speaker
NOES: 049
Akin Ballard Boatright Bonner Boucher 48 Boykins Bray 84 Brooks Burton Campbell Davis 63 Days Dolan Evans Farnen Foley Franklin Fraser Gibbons Graham 24 Gross Gunn Hagan-Harrell Hanaway Hendrickson Hilgemann Hollingsworth Hoppe Hosmer Kissell Levin Liese Linton Loudon Marble Mays 50 McKenna McLuckie O'Connor O'Toole Pouche 30 Riley Rizzo Schilling Secrest Shelton Thompson Tudor Van Zandt
PRESENT: 002
Treadway Ward
ABSENT WITH LEAVE: 022
Abel Auer Froelker Green Griesheimer Harlan Kennedy Lawson Lograsso Long McClelland Nordwald Ostmann Pryor Ridgeway Sallee Scott Stokan Troupe Wagner Williams 121 Wilson 25
VACANCIES: 001
Representative Hanaway offered House Amendment No. 13. Fifty-seventh Day–Wednesday, April 19, 2000 1024
House Amendment No. 13
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Line 8, by inserting after all of said line the following:
“7. All moneys paid in settlement of the State of Missouri’s dispute with any company which manufactures, sells or promotes tobacco or tobacco products, including all fees owed to attorneys representing the state in such dispute, shall be paid to the Missouri treasury and then deposited by the state treasurer into the Missouri Tobacco Settlement Trust Fund. The Missouri Tobacco Settlement Trust Fund shall then pay the attorneys all fees owed not to exceed $500 per hour.”.
Representative Hanaway moved that House Amendment No. 13 be adopted.
Which motion was defeated by the following vote:
AYES: 067
Akin Alter Ballard Barnett Bartelsmeyer Bennett Berkstresser Black Blunt Boatright Burton Champion Chrismer Cierpiot Crawford Dolan Elliott Enz Evans Foster Gaskill Gibbons Graham 106 Gross Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson Hohulin Holand Howerton Kasten Kelley 47 King Klindt Legan Levin Linton Lograsso Loudon Luetkemeyer Marble Miller Murphy Myers Naeger Patek Phillips Pouche 30 Purgason Reid Reinhart Richardson Robirds Ross Schwab Scott Secrest Selby Shields Summers Surface Townley Tudor Vogel Wright
NOES: 077
Backer Barry 100 Berkowitz Bonner Boucher 48 Boykins Bray 84 Britt Brooks Campbell Clayton Crump Curls Davis 122 Davis 63 Days Dougherty Farnen Fitzwater Foley Ford Franklin Fraser Gambaro George Graham 24 Gratz Green Gunn Hagan-Harrell Hampton Harlan Hickey Hilgemann Hollingsworth Hosmer Kelly 27 Kennedy Kissell Koller Kreider Lakin Leake Liese Luetkenhaus May 108 Mays 50 McBride McKenna McLuckie Merideth Monaco Murray O'Connor O'Toole Overschmidt Parker Ransdall Relford Reynolds Riley Rizzo Scheve Schilling Seigfreid Shelton Skaggs Smith Thompson Treadway Van Zandt Ward Wiggins Williams 121 Williams 159 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 018
Abel Auer Bartle Froelker Griesheimer Hoppe Lawson Long McClelland Nordwald Ostmann Pryor Ridgeway Sallee Stokan Troupe Wagner Wilson 25
VACANCIES: 001 1025 Journal of the House
Representative Hanaway requested verification of the roll call on the adoption of House Amendment No. 13.
Representative Gambaro offered House Amendment No. 14.
House Amendment No. 14 was withdrawn.
Representative Davis (63) offered House Amendment No. 14.
House Amendment No. 14
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
“7. 1 ½ % of the tobacco settlement fund shall be appropriated to the Department of Aging for programs that provide services for senior citizens.”.
On motion of Representative Davis (63), House Amendment No. 14 was adopted.
Representative Thompson offered House Amendment No. 15.
House Amendment No. 15
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
“7. Fifteen percent of the tobacco settlement monies shall be appropriated to the City of St. Louis for roads, bridges and highways.”.
On motion of Representative Thompson, House Amendment No. 15 was adopted.
Representative Boucher offered House Amendment No. 16.
House Amendment No. 16
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting immediately after said line the following:
“Since tobacco use is known to discolor teeth in children who use, or have used in the past, tobacco products, the state treasurer shall monthly transfer from the tobacco settlement fund to the Missouri Department of Health an amount equal to ten percent of any interest remaining in the fund. Monies transferred to the Health Department shall be used to remove the tarter stains of all Missouri’s children and any other dental problems created by the use of tobacco products.”.
On motion of Representative Boucher, House Amendment No. 16 was adopted.
On motion of Representative Van Zandt, HS HCS SS SB 549, as amended, was adopted.
HS HCS SS SB 549, as amended, was placed back on the Informal Calendar. Fifty-seventh Day–Wednesday, April 19, 2000 1026
COMMITTEE REPORTS
Committee on Budget, Chairman Franklin reporting:
Mr. Speaker: Your Committee on Budget, to which was referred HB 1122, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.
House Committee Amendment No. 1
AMEND House Bill No. 1122, Page 1, Sections 22.005 and 22.010, by deleting all of said sections.
Committee on Environment and Energy, Chairman Wiggins reporting:
Mr. Speaker: Your Committee on Environment and Energy, to which was referred SCS SB 558, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Ways and Means, Chairman Bray reporting:
Mr. Speaker: Your Committee on Ways and Means, to which was referred SB 936, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
INTRODUCTION OF HOUSE CONCURRENT RESOLUTION
The following House Concurrent Resolution was read the first time and copies ordered printed:
HCR 35, introduced by Representative Boucher, urging the Ethiopian government to investigate the imprisonment of University of Missouri-Columbia graduate Dr. Taye Woldesemayat.
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 1106, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2000 and ending June 30, 2001.
With Senate Amendment No. 2 and Senate Amendment No. 4 1027 Journal of the House
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 23, Section 6.372, Line 4, by deleting the figure “$500,000" and inserting in lieu thereof the following: “$0".
Senate Amendment No. 4
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1106, Page 19, Section 6.305, Line 10, by adding:
“The attorney general shall file a lawsuit at the earliest possible time in a court of a competent jurisdiction challenging the legality and constitutionality of the Clean Air Act as applied to the State of Missouri.”.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 1107, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.
With Senate Amendment No. 1 and Senate Amendment No. 2
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1107, Page 4, Section 7.040, Lines 1-9, by deleting said section and inserting in lieu thereof the following:
“Section 7.040. There is transferred out of the State Treasury, chargeable to the General Revenue Fund, Four Million Seven Hundred Eighty-Four Thousand, One Hundred and Eighty-Two Dollars ($4,784,182) to the Missouri Technology Investment Fund, for the Electronic Materials Applied Research Center, Mid-America Manufacturing Technology Center, Innovation Centers, Small Business Development Center Satellites, and Centers for Advanced Technology.
From General Revenue Fund...... $4,784,182
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Committee Substitute for House Bill No. 1107, Page 3, Section 7.025, Lines 2-11, by deleting said lines.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HCS HB 1108, entitled: Fifty-seventh Day–Wednesday, April 19, 2000 1028
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2000 and ending June 30, 2001.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Thursday, April 20, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Fifty-sixth Day, Tuesday, April 18, 2000, page 982, line 11, by deleting the number “2" and inserting in lieu thereof the number “1".
Pages 979 and 980, roll call, by showing Representative Davis (63) voting "no" rather than "absent with leave".
Pages 986 and 987, roll call, by showing Representative Barry voting "no" rather than "absent with leave".
COMMITTEE MEETINGS
ACCOUNTS, OPERATIONS, AND FINANCE Thursday, April 20, 2000, 9:45 am. Room 414.
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS Thursday, April 20, 2000, 8:30 am. Hearing Room 3. Dept. of Social Services Division of Family Services Re: CTS Funds.
CHILDREN, YOUTH AND FAMILIES Tuesday, April 25, 2000, 2:00 pm. Hearing Room 4. Possible Executive session. To be considered - SB 597
CIVIL AND ADMINISTRATIVE LAW Thursday, April 20, 2000. Hearing Room 1 upon morning adjournment. Executive Session.
ENVIRONMENT AND ENERGY Thursday, April 20, 2000, 8:30 am. Hearing Room 7. Executive Session may follow. To be considered - SB 577 1029 Journal of the House
FISCAL REVIEW Thursday, April 20, 2000, 8:30 am. Hearing Room 5. Executive Session. AMENDED. To be considered - HB 1762, HB 1881
JOINT COMMITTEE ON ECONOMIC DEVELOPMENT, POLICY AND PLANNING Thursday, April 20, 2000, 8:30 am. Hearing Room 1. Enterprise zones. Regarding application extensions.
JUDICIARY Thursday, April 20, 2000, 9:15 am. Hearing Room 5. Executive Session.
LOCAL GOVERNMENT AND RELATED MATTERS Thursday, April 20, 2000, 9:45 am. Side gallery. Executive Session.
MISCELLANEOUS BILLS AND RESOLUTIONS Thursday, April 20, 2000, 9:00 am. Hearing Room 4. AMENDED. Executive Session to follow. To be considered - HCR 31, HCR 34, HR 504, HR 550, HR 557, HR 573
PROFESSIONAL REGISTRATION AND LICENSING Thursday, April 20, 2000, 9:00 am. Side gallery. Possible Executive Session. To be considered - SB 850, SB 902
PUBLIC SAFETY AND LAW ENFORCEMENT Thursday, April 20, 2000, 9:30 am. Side gallery. To be considered - Executive Session - SB 537
UTILITIES REGULATION Thursday, April 20, 2000, 8:30 am. Hearing Room 6. Executive Session may or may not follow. AMENDED. To be considered - HB 1778, HB 1842, HB 1895
HOUSE CALENDAR
FIFTY-EIGHTH DAY, THURSDAY, APRIL 20, 2000
HOUSE CONCURRENT RESOLUTION FOR SECOND READING HCR 35 Fifty-seventh Day–Wednesday, April 19, 2000 1030
HOUSE JOINT RESOLUTIONS FOR PERFECTION 1 HJR 40, as amended, HA 3, pending - Graham (24) 2 HJR 42 - Williams (121) 3 HJR 45, HCA 1 - Scheve
HOUSE BILLS FOR PERFECTION - APPROPRIATIONS 1 HCS HB 1120 - Franklin 2 HB 1122, HCA 1 - Franklin
HOUSE BILLS FOR PERFECTION 1 HCS HB 1927 - Wiggins 2 HB 1768 - Ward 3 HB 1712 - McKenna 4 HB 2011 - Overschmidt 5 HCS HB 1747 - Barry 6 HCS HB 1888 - Wilson (42) 7 HB 2102 - Hampton 8 HB 1066, HCA 1 - Riback Wilson (25) 9 HB 1394 - Murray 10 HB 1159 - Boucher 11 HB 1280 - Clayton 12 HB 1502 - Smith 13 HCS HB 1547 - Scheve 14 HCS HB 1962, 1943, 1425 & 1419 - Dougherty 15 HB 1546 - Smith 16 HCS HB 1606 - Bray 17 HCS HB 1225 - Hosmer 18 HCS HB 1540 - Green 19 HCS HB 1942 - Liese 20 HCS HB 1578 - Shelton 21 HB 2056 - Gunn 22 HCS HB 1718 - Smith 23 HCS HB 1966 - Hosmer 24 HCS HB 1997 - Smith 25 HCS HB 1336 - Lakin 26 HCS HB 1780 - Liese 27 HCS HB 1816 - Hosmer 28 HCS HB 1357 - Bonner 29 HB 1872 - Seigfreid 30 HCS HB 1674 - Graham (24) 31 HCS HB 1154 - Boucher 32 HCS HB 2114 - Hoppe 33 HCS HB 1649 - Williams (121) 1031 Journal of the House
HOUSE BILLS FOR PERFECTION - INFORMAL 1 HCS HB 1362, HS, as amended, pending - Harlan 2 HCS HB 1602, as amended - Leake 3 HCS HB 1143, as amended - Scheve 4 HCS HB 1574 & 1640 - Britt 5 HCS HB 1932 - Harlan 6 HB 1728, HCA 1 - Backer
HOUSE BILL FOR PERFECTION - FEDERAL MANDATE HB 1946 - Dougherty
HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING 1 HCR 29, (4-13-00, pg. 951) - Graham (24) 2 HCR 23, (3-16-00, pg. 646) - Bray 3 HCR 4, (2-24-00, pg. 399) - Kennedy 4 HCR 22, (4-17-00, pg. 970) - Liese 5 HCR 27, (4-13-00, pg. 951) - Ross 6 HCR 28, (4-11-00, pg. 916) - Van Zandt
HOUSE BILLS FOR THIRD READING - APPROPRIATIONS 1 HCS HB 1113 - Green 2 HB 1121 - Franklin
HOUSE BILLS FOR THIRD READING 1 HCS HB 1711 - Abel 2 HCS HB 1569 - Bray 3 HB 1472 - Smith 4 HCS HB 1967, E.C. - Hoppe 5 HCS HB 1698, E.C. - Shelton 6 HB 1881, (Fiscal Review, 4-18-00) - Shelton 7 HS HCS HB 1762, (Fiscal Review, 4-19-00) - Williams (159) 8 HB 1464 - Ransdall 9 HB 1326 - Mays (50)
HOUSE BILLS FOR THIRD READING - CONSENT 1 HB 1828 - Gross 2 HB 1095 - Richardson 3 HB 1358 - Loudon 4 HB 1275 - Chrismer
HOUSE BILL FOR THIRD READING - CONSENT - INFORMAL HB 1685 - Smith
SENATE CONCURRENT RESOLUTION FOR SECOND READING SCR 22 Fifty-seventh Day–Wednesday, April 19, 2000 1032
SENATE BILL FOR THIRD READING - INFORMAL HS HCS SS SB 549, as amended, E.C. - Van Zandt
HOUSE BILLS WITH SENATE AMENDMENTS 1 SCS HCS HB 1106, as amended - Franklin 2 SCS HCS HB 1107, as amended - Franklin 3 SCS HCS HB 1108 - Franklin
BILLS CARRYING REQUEST MESSAGES 1 SCS HCS HB 1102, a.a. (Request Senate recede/grant conference) - Franklin 2 SCS HCS HB 1103, a.a. (Request Senate recede/grant conference) - Franklin 3 SCS HCS HB 1104, (Request Senate recede/grant conference) - Franklin 4 SCS HCS HB 1105, a.a. (Request Senate recede/grant conference) - Franklin
HOUSE RESOLUTION HR 91, (2-24-00, pgs. 397 & 398) - Crawford