Journal of the House

Second Regular Session, 94th General Assembly

SIXTY-EIGHTH DAY, Thursday, May 8, 2008

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Msgr. Donald W. Lammers.

              (This prayer has been prayed all over our nation during the past week, beginning on the National Day of Prayer, of last Thursday.)

2008 Prayer for Our Nation

Holy Father, in a world where so many are hungry,

You have given us food in abundance;

In a world where so many are hurting,

You offer to bind up our wounds;

In a world where so many are lonely,

You offer friendship to every heart;

In a world longing for peace,

You offer hope.

Yet, we are so stubborn and resistant.

Have mercy upon us, Lord.

Our nation is at a crossroads this year;

We look to You to be our strength and shield.

Please give us the guidance to elect one who will honor You

And to respond to the wisdom from above

So that our hope may be renewed and our blessings be treasured.

In God's Holy name.

Composed by Dr. Ravi Zacharias

            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: Katie Misner, Andrew Chatmon and Matthew Chatmon.

            The Journal of the sixty-seventh day was approved as printed.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2843 through House Resolution No. 2923

COMMITTEE REPORT

             Committee on Fiscal Review, Chairman Guest reporting:

            Mr. Speaker: Your Committee on Fiscal Review, to which was referred SS SCS SB 768 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

            Representative Emery assumed the Chair.

BILL IN CONFERENCE

            CCR SCS HCS HB 2023, relating to appropriations, was taken up by Representative Icet.

            On motion of Representative Icet, CCR SCS HCS HB 2023 was adopted by the following vote:

            On motion of Representative Icet, CCS SCS HCS HB 2023 was read the third time and passed by the following vote:

            Representative Emery declared the bill passed.

THIRD READING OF SENATE BILL

            HCS SB 1010, relating to conveyances of state property, was taken up by Representative Stevenson.

            Representative Stevenson offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 1010, Page 2, Section 2, Lines 1 to 45, by deleting all of said lines and inserting in lieu thereof the following:

              "Section 2. 1. The governor is hereby authorized and empowered to sell, transfer, grant, and convey all interest in fee simple absolute in a tract of land owned by the state in Camden County to the division of state parks of the department of natural resources. The property to be conveyed is more particularly described as follows:

A part of lands described by the Quit Claim Deed filed at Book 85, Page 195 in the Office of the Recorder of Deeds for Camden County, Missouri lying above the 662 ft. contour elevation of the Lake of the Ozarks in the South one half of Lot 2 of the northwest quarter of Section 19, Township 39 North, Range 15 West, Camden County, Missouri and more particularly described as follows:

Commencing at the southwest corner of the North one half of Lot 2 of the northwest quarter of said Section 19; thence along the North line of the South one half of Lot 2 of the northwest quarter of said Section 19, S 88º 57' 08" E - 931.4 ft., (Call by Deed filed at Book 89, Page 60 = East - 931.4 ft.), to its intersection with the 662 ft. contour elevation of the Lake of the Ozarks at the southwest corner of lands described by the General Warranty Deed filed at Book 89, Page 60 in the Camden County, Missouri Deed records and the POINT OF BEGINNING for the herein described tract of land; thence continue along the North line of the South one half of Lot 2 of the northwest quarter of said Section 19 and the South line of said tract of land described by Deed filed at Book 89, Page 60, S 88º 57' 08" E - 298.98 ft. to a point on the 662 ft. contour elevation of the Lake of the Ozarks; thence along said 662 ft. contour elevation of the Lake of the Ozarks on a traverse closure line approximating the meanders of said 662 ft. contour elevation of the Lake of the Ozarks on the following courses:

S 47º 14' 28" W - 32.85 ft., S 62º 46' 15" W - 54.6 ft., S 67º 09' 35" W - 67.89 ft., S 81º 46' 22" W - 55.76 ft., N 63º 34' 01" W - 41.21 ft., N 53º 48' 29" W - 48.77 ft., N 44º 06' 59" W - 35.58 ft. and N 27º 29' 28" W - 16.23 ft. to the point of beginning.

Containing in area 0.367 acres.

Subject to all rights of way, easements, restrictions, reservations and conditions of record and to all utilities as the same may now be located.

Description as per Survey No. 2007-12-4120, GARY B. GEORGE SURVEYORS, INC., Lake Ozark, Mo.

              2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but are not limited to, the number of appraisals required, the time, place, and terms of the sale. Consideration for the conveyance shall be for the sum of one dollar.

              3. The attorney general shall approve the form of the instrument of conveyance."; and

              Further amend said bill, Page 3, Section 3, Lines 1 to 61, by deleting all of said lines and inserting after all of said line the following:

              "Section 3. 1. The governor is hereby authorized and empowered to sell, transfer, grant, and convey all interest in fee simple absolute in a tract of land owned by the state in Camden County to the division of state parks of the department of natural resources. The property to be conveyed is more particularly described as follows:

A part of lands described by the Quit Claim Deed filed at Book 85, Page 195 in the Office of the Recorder of Deeds for Camden County, Missouri in the North one half of Lot 2 of the northwest quarter of Section 19, Township 39 North, Range 15 West, Camden County, Missouri and more particularly described as follows:

Commencing at the southwest corner of the North one half of Lot 2 of the northwest quarter of said Section 19; thence along the North line of the South one half of Lot 2 of the northwest quarter of said Section 19, S 88º 57' 08" E - 931.4 ft., (Call by Deed filed at Book 89, Page 60 = East - 931.4 ft.), to its intersection with the 662 ft. contour elevation of the Lake of the Ozarks at the southwest corner of lands described by the General Warranty Deed filed at Book 89, Page 60 in the Camden County, Missouri Deed Records; thence departing said North line of the South one half of Lot 2 of the northwest quarter of said Section 19 and said southwest corner of lands described by the General Warranty Deed filed at Book 89, Page 60 in the Camden County, Missouri Deed records at the 662 ft. contour elevation of the Lake of the Ozarks along and with the West boundary line of said lands described by the General Warranty Deed filed at Book 89, Page 60, N 01º 02' 55" E - 525.43 ft., (Call by Deed filed at Book 89, Page 60 = North - 508.1 ft.), to an iron pin set on the South right of way line of a 30 ft. wide private roadway, (Deed Call = South side of the present roadway across said premises), which monuments the northwest corner of said lands described by the General Warranty Deed filed at Book 89, Page 60 and the POINT OF BEGINNING for the herein described tract of land; thence continue along the northerly prolongation of the West boundary line of said lands described by the General Warranty Deed filed at Book 89, Page 60, N 01º 02' 55" E - 156.77 ft. to an iron pin set to monument its intersection with the South right of way line of Whispering Oaks Road, A.K.A. Lake Road 134-2, (50 ft. wide County Road); thence along and with the South right of way line of Whispering Oaks Road, (50 ft. wide County Road), on the following courses: N 67 º 55' 02" E - 307.51 ft., N 73º 00' 17" E - 74.6 ft., N 76º 14' 29" E - 112.27 ft., N 80º 30' 32" E - 75.28 ft. and N 85º 06' 13" E - 147.56 ft. to an iron pin monumenting its intersection with the East line of the North one half of Lot 2 of the northwest quarter of Section 19; thence departing the South right of way line of Whispering Oaks Road, (50 ft. wide County Road), along and with the East line of the North one half of Lot 2 of the northwest quarter of said Section 19, S 01º 02' 55" W - 253.27 ft. to the northeast corner of the said lands described by the General Warranty Deed filed at Book 89, Page 60 in the Camden County, Missouri Deed Records on the South right of way line of a 30 ft. wide private roadway, (Deed Call = South side of the present roadway); thence departing the East line of the North one half of Lot 2 of the northwest quarter of said Section 19 along and with the South right of way line of the 30 ft. wide private roadway, (South side of the present roadway) and the North Boundary of the lands described by the General Warranty Deed filed at Book 89, Page 60 on the following monumented courses: N 74º 13' 52" W - 253.87 ft., S 63º 59' 40" W - 404.41 ft. and N 78º 29' 19" W - 78.64 ft. to the point of beginning.

Containing in area 3.015 acres.

Subject to all rights of way, easements, restrictions, reservations and conditions of record and to all utilities as the same may now be located.

Description as per Survey No. 2007-12-4120, GARY B. GEORGE SURVEYORS, INC., Lake Ozark, Mo.

              2. The commissioner of administration shall set the terms and conditions for the conveyance as the commissioner deems reasonable. Such terms and conditions may include, but are not limited to, the number of appraisals required, the time, place, and terms of the sale. Consideration for the conveyance shall be for the sum of one dollar.

              3. The attorney general shall approve the form of the instrument of conveyance.

              Section 4. The department of natural resources shall convey the properties described in sections 2 and 3 of this act in return for the conveyance of like property to the department."; and

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

            Representative Zimmerman offered House Amendment No. 1 to House Amendment No. 1.

House Amendment No. 1

to

House Amendment No. 1

AMEND House Amendment No. 1 to House Committee Substitute for Senate Bill No. 1010, Page 5, Section 4, Line 7, by inserting after the word "department." the following language:

              "Such conveyance shall be determined through an open process of competitive bidding open to all persons seeking to exchange like property.".

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

            House Amendment No. 1 was withdrawn.

            Representative Stevenson moved that HCS SB 1010 be adopted.

            Which motion was defeated.

            SB 1010 was laid over.

THIRD READING OF HOUSE JOINT RESOLUTION

            HCS HJR 48, relating to voter identification, was taken up by Representative Cox.

            Representatives Nieves assumed the Chair.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Cox, HCS HJR 48 was read the third time and passed by the following vote:

            Representative Nieves declared the bill passed.

            Speaker Pro Tem Pratt assumed the Chair.

THIRD READING OF SENATE BILLS

            HCS SCS SB 901, with House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1, House Substitute Amendment No. 1 for House Amendment No. 1, and House Amendment No. 1, pending, relating to workers’ compensation, was taken up by Representative Hunter.

            Representative Scharnhorst assumed the Chair.

            On motion of Representative Fisher, House Amendment No. 1 to House Substitute Amendment No. 1 for House Amendment No. 1 was adopted by the following vote:

            Speaker Pro Tem Pratt resumed the Chair.

            On motion of Representative Smith (150), House Substitute Amendment No. 1 for House Amendment No. 1, as amended, was adopted.

            Representative Jones (89) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 901, Section 287.715, Page 19, Line 75, by inserting immediately after said line the following:

              "290.595. 1. As used in this section, the term "proper authorities" shall mean public authorities or authorities of the employer, but shall not include any individual who engaged in the reported illegal conduct.

              2. The at-will employment doctrine shall not control when the elements of a whistle-blower cause of action are established. A whistle-blower cause of action for wrongful discharge in violation of public policy is established if an employee proves by a preponderance of the evidence that:

              (1) The employee reported to a proper authority conduct that the employee had a good faith and reasonable belief violated a statute, constitutional provision, or regulation and a clearly mandated public policy;

              (2) The employee was discharged; and

              (3) The employee's report to a proper authority was the exclusive factor in the discharge.

              3. The at-will employment doctrine shall not control when the elements of a refusal to commit an illegal act cause of action are established. A refusal to commit an illegal act cause of action for wrongful discharge in violation of public policy is established if an employee proves by a preponderance of the evidence that:

              (1) The employer directed the employee to perform conduct that the employee had a good faith and reasonable belief would, if completed, violate a statute, constitutional provision, or regulation and a clearly mandated public policy;

              (2) The employee specifically refused to perform the unlawful act;

              (3) The employee was discharged; and

              (4) The employee's refusal to perform the unlawful act was the exclusive factor in the discharge."; and

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

            Representative Skaggs raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

            The Chair ruled the point of order not timely.

            On motion of Representative Jones (89), House Amendment No. 2 was adopted.

            Representative Stevenson offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 901, Section 287.715, Page 19, Line 75, by inserting immediately after said line the following:

              "Section 1. Beginning January 1, 2009, and notwithstanding any other provision of law, no attorney shall make any contribution to any committee, as that term is defined under section 130.011, during a single year if such attorney has received any income as a result of his or her legal services from the payment of funds from the second injury fund established pursuant to section 287.220, RSMo, during the same year.

              2. No family member related to an attorney within the third degree of consaguity or affinity shall make a donation to a committee if the attorney to whom they are related is prohibited from making a contribution to the committee pursuant to this section.

              3. No law firm employing an attorney in any capacity whatsoever shall make a contribution to a committee if the attorney is prohibited from making a contribution to the committee pursuant to this section."; and

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

            Representative Fisher offered House Amendment No. 1 to House Amendment No. 3.

House Amendment No. 1

to

House Amendment No. 3

AMEND House Amendment No. 3 to House Committee Substitute for Senate Committee Substitute for Senate Bill No. 901, Page 1, Line 4, by deleting all of said line and inserting in lieu thereof the following:

              "Section 1. Beginning August 28, 2008, and notwithstanding any other provision of law, no"; and

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

            On motion of Representative Fisher, House Amendment No. 1 to House Amendment No. 3 was adopted.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Stevenson, House Amendment No. 3, as amended, was adopted.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            Representative Hunter moved that HCS SCS SB 901, as amended, be adopted.

            Which motion was defeated by the following vote:

            SCS SB 901 was laid over.

            HCS SB 1288, relating to ethics, was taken up by Representative Cooper (120).

            Representative Cooper (120) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Bill No. 1288, Section 130.032, Pages 5 through 7, Lines 1 through 73, by removing all of said section from the bill; and

              Further amend said bill, Section 130.032, Page 7, Line 73, by inserting after all of said section the following:

              "Section 1. Any committee which is unable to return a nonallowable contribution to a contributor because the contributor:

              (1) Cannot be located following a reasonable attempt to locate the contributor;

              (2) Returns the nonallowable contribution or otherwise refuses acceptance of the nonallowable contribution; or

              (3) Is a committee which has terminated;

may transfer the nonallowable contribution to the director of revenue for deposit to the general revenue of the state, or may make an unconditional gift which is fully vested to any charitable, fraternal, or civic organization or association formed to provide for some good in the order of benevolence as set forth in subdivision (7) of subsection 2 of section 130.034."; and 

              Further amend said bill, Section B, by removing all of said section from the bill; and

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

            On motion of Representative Cooper (120), House Amendment No. 1 was adopted.

            Representative Nieves resumed the Chair.

            Representative Talboy offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for Senate Bill No. 1288, Section 105.473, Page 5, by inserting after all of said section and line the following:

              "130.011. As used in this chapter, unless the context clearly indicates otherwise, the following terms mean:

              (1) "Appropriate officer" or "appropriate officers", the person or persons designated in section 130.026 to receive certain required statements and reports;

              (2) "Ballot measure" or "measure", any proposal submitted or intended to be submitted to qualified voters for their approval or rejection, including any proposal submitted by initiative petition, referendum petition, or by the general assembly or any local governmental body having authority to refer proposals to the voter;

              (3) "Candidate", an individual who seeks nomination or election to public office. The term "candidate" includes an elected officeholder who is the subject of a recall election, an individual who seeks nomination by the individual's political party for election to public office, an individual standing for retention in an election to an office to which the individual was previously appointed, an individual who seeks nomination or election whether or not the specific elective public office to be sought has been finally determined by such individual at the time the individual meets the conditions described in paragraph (a) or (b) of this subdivision, and an individual who is a write-in candidate as defined in subdivision (28) of this section. A candidate shall be deemed to seek nomination or election when the person first:

              (a) Receives contributions or makes expenditures or reserves space or facilities with intent to promote the person's candidacy for office; or

              (b) Knows or has reason to know that contributions are being received or expenditures are being made or space or facilities are being reserved with the intent to promote the person's candidacy for office; except that, such individual shall not be deemed a candidate if the person files a statement with the appropriate officer within five days after learning of the receipt of contributions, the making of expenditures, or the reservation of space or facilities disavowing the candidacy and stating that the person will not accept nomination or take office if elected; provided that, if the election at which such individual is supported as a candidate is to take place within five days after the person's learning of the above-specified activities, the individual shall file the statement disavowing the candidacy within one day; or

              (c) Announces or files a declaration of candidacy for office;

              (4) "Cash", currency, coin, United States postage stamps, or any negotiable instrument which can be transferred from one person to another person without the signature or endorsement of the transferor;

              (5) "Check", a check drawn on a state or federal bank, or a draft on a negotiable order of withdrawal account in a savings and loan association or a share draft account in a credit union;

              (6) "Closing date", the date through which a statement or report is required to be complete;

              (7) "Committee", a person or any combination of persons, who accepts contributions or makes expenditures for the [primary or incidental] purpose of influencing or attempting to influence the action of voters for or against the nomination or election to public office of one or more candidates or the qualification, passage or defeat of any ballot measure or for the purpose of paying a previously incurred campaign debt or obligation of a candidate or the debts or obligations of a committee or for the purpose of contributing funds to another committee:

              (a) "Committee", does not include:

              a. A person or combination of persons, if neither the aggregate of expenditures made nor the aggregate of contributions received during a calendar year exceeds five hundred dollars and if no single contributor has contributed more than two hundred fifty dollars of such aggregate contributions;

              b. An individual, other than a candidate, who accepts no contributions and who deals only with the individual's own funds or property;

              [c. A corporation, cooperative association, partnership, proprietorship, or joint venture organized or operated for a primary or principal purpose other than that of influencing or attempting to influence the action of voters for or against the nomination or election to public office of one or more candidates or the qualification, passage or defeat of any ballot measure, and it accepts no contributions, and all expenditures it makes are from its own funds or property obtained in the usual course of business or in any commercial or other transaction and which are not contributions as defined by subdivision (12) of this section;]

              d. A labor organization organized or operated for a primary or principal purpose other than that of influencing or attempting to influence the action of voters for or against the nomination or election to public office of one or more candidates, or the qualification, passage, or defeat of any ballot measure, and it accepts no contributions, and expenditures made by the organization are from its own funds or property received from membership dues or membership fees which were given or solicited for the purpose of supporting the normal and usual activities and functions of the organization and which are not contributions as defined by subdivision (12) of this section;

              e. A person who acts as an authorized agent for a committee in soliciting or receiving contributions or in making expenditures or incurring indebtedness on behalf of the committee if such person renders to the committee treasurer or deputy treasurer or candidate, if applicable, an accurate account of each receipt or other transaction in the detail required by the treasurer to comply with all record-keeping and reporting requirements of this chapter;

              f. Any department, agency, board, institution or other entity of the state or any of its subdivisions or any officer or employee thereof, acting in the person's official capacity;

              (b) The term "committee" includes, but is not limited to, each of the following committees: campaign committee, candidate committee, continuing committee and political party committee;

              (8) "Campaign committee", a committee, other than a candidate committee, which shall be formed by an individual or group of individuals to receive contributions or make expenditures and whose sole purpose is to support or oppose the qualification and passage of one or more particular ballot measures in an election or the retention of judges under the nonpartisan court plan, such committee shall be formed no later than thirty days prior to the election for which the committee receives contributions or makes expenditures, and which shall terminate the later of either thirty days after the general election or upon the satisfaction of all committee debt after the general election, except that no committee retiring debt shall engage in any other activities in support of a measure for which the committee was formed;

              (9) "Candidate committee", a committee which shall be formed by a candidate to receive contributions or make expenditures in behalf of the person's candidacy and which shall continue in existence for use by an elected candidate or which shall terminate the later of either thirty days after the general election for a candidate who was not elected or upon the satisfaction of all committee debt after the election, except that no committee retiring debt shall engage in any other activities in support of the candidate for which the committee was formed. Any candidate for elective office shall have only one candidate committee for the elective office sought, which is controlled directly by the candidate for the purpose of making expenditures. A candidate committee is presumed to be under the control and direction of the candidate unless the candidate files an affidavit with the appropriate officer stating that the committee is acting without control or direction on the candidate's part;

              (10) "Continuing committee", a committee of continuing existence which is not formed, controlled or directed by a candidate, and is a committee other than a candidate committee or campaign committee, whose primary or incidental purpose is to receive contributions or make expenditures to influence or attempt to influence the action of voters whether or not a particular candidate or candidates or a particular ballot measure or measures to be supported or opposed has been determined at the time the committee is required to file any statement or report pursuant to the provisions of this chapter. "Continuing committee" includes, but is not limited to, any committee organized or sponsored by a business entity, a labor organization, a professional association, a trade or business association, a club or other organization and whose primary purpose is to solicit, accept and use contributions from the members, employees or stockholders of such entity and any individual or group of individuals who accept and use contributions to influence or attempt to influence the action of voters. Such committee shall be formed no later than sixty days prior to the election for which the committee receives contributions or makes expenditures;

              (11) "Connected organization", any organization such as a corporation, a labor organization, a membership organization, a cooperative, or trade or professional association which expends funds or provides services or facilities to establish, administer or maintain a committee or to solicit contributions to a committee from its members, officers, directors, employees or security holders. An organization shall be deemed to be the connected organization if more than fifty percent of the persons making contributions to the committee during the current calendar year are members, officers, directors, employees or security holders of such organization or their spouses;

              (12) "Contribution", a payment, gift, loan, advance, deposit, or donation of money or anything of value for the purpose of supporting or opposing the nomination or election of any candidate for public office or the qualification, passage or defeat of any ballot measure, or for the support of any committee supporting or opposing candidates or ballot measures or for paying debts or obligations of any candidate or committee previously incurred for the above purposes. A contribution of anything of value shall be deemed to have a money value equivalent to the fair market value. "Contribution" includes, but is not limited to:

              (a) A candidate's own money or property used in support of the person's candidacy other than expense of the candidate's food, lodging, travel, and payment of any fee necessary to the filing for public office;

              (b) Payment by any person, other than a candidate or committee, to compensate another person for services rendered to that candidate or committee;

              (c) Receipts from the sale of goods and services, including the sale of advertising space in a brochure, booklet, program or pamphlet of a candidate or committee and the sale of tickets or political merchandise;

              (d) Receipts from fund-raising events including testimonial affairs;

              (e) Any loan, guarantee of a loan, cancellation or forgiveness of a loan or debt or other obligation by a third party, or payment of a loan or debt or other obligation by a third party if the loan or debt or other obligation was contracted, used, or intended, in whole or in part, for use in an election campaign or used or intended for the payment of such debts or obligations of a candidate or committee previously incurred, or which was made or received by a committee;

              (f) Funds received by a committee which are transferred to such committee from another committee or other source, except funds received by a candidate committee as a transfer of funds from another candidate committee controlled by the same candidate but such transfer shall be included in the disclosure reports;

              (g) Facilities, office space or equipment supplied by any person to a candidate or committee without charge or at reduced charges, except gratuitous space for meeting purposes which is made available regularly to the public, including other candidates or committees, on an equal basis for similar purposes on the same conditions;

              (h) The direct or indirect payment by any person, other than a connected organization, of the costs of establishing, administering, or maintaining a committee, including legal, accounting and computer services, fund raising and solicitation of contributions for a committee;

              (i) "Contribution" does not include:

              a. Ordinary home hospitality or services provided without compensation by individuals volunteering their time in support of or in opposition to a candidate, committee or ballot measure, nor the necessary and ordinary personal expenses of such volunteers incidental to the performance of voluntary activities, so long as no compensation is directly or indirectly asked or given;

              b. An offer or tender of a contribution which is expressly and unconditionally rejected and returned to the donor within ten business days after receipt or transmitted to the state treasurer;

              c. Interest earned on deposit of committee funds;

              d. The costs incurred by any connected organization listed pursuant to subdivision (4) of subsection 5 of section 130.021 for establishing, administering or maintaining a committee, or for the solicitation of contributions to a committee which solicitation is solely directed or related to the members, officers, directors, employees or security holders of the connected organization;

              (13) "County", any one of the several counties of this state or the city of St. Louis;

              (14) "Disclosure report", an itemized report of receipts, expenditures and incurred indebtedness which is prepared on forms approved by the Missouri ethics commission and filed at the times and places prescribed;

              (15) "Election", any primary, general or special election held to nominate or elect an individual to public office, to retain or recall an elected officeholder or to submit a ballot measure to the voters, and any caucus or other meeting of a political party or a political party committee at which that party's candidate or candidates for public office are officially selected. A primary election and the succeeding general election shall be considered separate elections;

              (16) "Expenditure", a payment, advance, conveyance, deposit, donation or contribution of money or anything of value for the purpose of supporting or opposing the nomination or election of any candidate for public office or the qualification or passage of any ballot measure or for the support of any committee which in turn supports or opposes any candidate or ballot measure or for the purpose of paying a previously incurred campaign debt or obligation of a candidate or the debts or obligations of a committee; a payment, or an agreement or promise to pay, money or anything of value, including a candidate's own money or property, for the purchase of goods, services, property, facilities or anything of value for the purpose of supporting or opposing the nomination or election of any candidate for public office or the qualification or passage of any ballot measure or for the support of any committee which in turn supports or opposes any candidate or ballot measure or for the purpose of paying a previously incurred campaign debt or obligation of a candidate or the debts or obligations of a committee. An expenditure of anything of value shall be deemed to have a money value equivalent to the fair market value. "Expenditure" includes, but is not limited to:

              (a) Payment by anyone other than a committee for services of another person rendered to such committee;

              (b) The purchase of tickets, goods, services or political merchandise in connection with any testimonial affair or fund-raising event of or for candidates or committees, or the purchase of advertising in a brochure, booklet, program or pamphlet of a candidate or committee;

              (c) The transfer of funds by one committee to another committee;

              (d) The direct or indirect payment by any person, other than a connected organization for a committee, of the costs of establishing, administering or maintaining a committee, including legal, accounting and computer services, fund raising and solicitation of contributions for a committee; but

              (e) "Expenditure" does not include:

              a. Any news story, commentary or editorial which is broadcast or published by any broadcasting station, newspaper, magazine or other periodical without charge to the candidate or to any person supporting or opposing a candidate or ballot measure;

              b. The internal dissemination by any membership organization, proprietorship, labor organization, corporation, association or other entity of information advocating the election or defeat of a candidate or candidates or the passage or defeat of a ballot measure or measures to its directors, officers, members, employees or security holders, provided that the cost incurred is reported pursuant to subsection 2 of section 130.051;

              c. Repayment of a loan, but such repayment shall be indicated in required reports;

              d. The rendering of voluntary personal services by an individual of the sort commonly performed by volunteer campaign workers and the payment by such individual of the individual's necessary and ordinary personal expenses incidental to such volunteer activity, provided no compensation is, directly or indirectly, asked or given;

              e. The costs incurred by any connected organization listed pursuant to subdivision (4) of subsection 5 of section 130.021 for establishing, administering or maintaining a committee, or for the solicitation of contributions to a committee which solicitation is solely directed or related to the members, officers, directors, employees or security holders of the connected organization;

              f. The use of a candidate's own money or property for expense of the candidate's personal food, lodging, travel, and payment of any fee necessary to the filing for public office, if such expense is not reimbursed to the candidate from any source;

              (17) "Exploratory committees", a committee which shall be formed by an individual to receive contributions and make expenditures on behalf of this individual in determining whether or not the individual seeks elective office. Such committee shall terminate no later than December thirty-first of the year prior to the general election for the possible office;

              (18) "Fund-raising event", an event such as a dinner, luncheon, reception, coffee, testimonial, rally, auction or similar affair through which contributions are solicited or received by such means as the purchase of tickets, payment of attendance fees, donations for prizes or through the purchase of goods, services or political merchandise;

              (19) "In-kind contribution" or "in-kind expenditure", a contribution or expenditure in a form other than money;

              (20) "Labor organization", any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work;

              (21) "Loan", a transfer of money, property or anything of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or in part and which was contracted, used, or intended for use in an election campaign, or which was made or received by a committee or which was contracted, used, or intended to pay previously incurred campaign debts or obligations of a candidate or the debts or obligations of a committee;

              (22) "Person", an individual, group of individuals, corporation, partnership, committee, proprietorship, joint venture, any department, agency, board, institution or other entity of the state or any of its political subdivisions, union, labor organization, trade or professional or business association, association, political party or any executive committee thereof, or any other club or organization however constituted or any officer or employee of such entity acting in the person's official capacity;

              (23) "Political merchandise", goods such as bumper stickers, pins, hats, ties, jewelry, literature, or other items sold or distributed at a fund-raising event or to the general public for publicity or for the purpose of raising funds to be used in supporting or opposing a candidate for nomination or election or in supporting or opposing the qualification, passage or defeat of a ballot measure;

              (24) "Political party", a political party which has the right under law to have the names of its candidates listed on the ballot in a general election;

              (25) "Political party committee", a state, district, county, city, or area committee of a political party, as defined in section 115.603, RSMo, which may be organized as a not-for-profit corporation under Missouri law, and which committee is of continuing existence, and has the primary or incidental purpose of receiving contributions and making expenditures to influence or attempt to influence the action of voters on behalf of the political party;

              (26) "Public office" or "office", any state, judicial, county, municipal, school or other district, ward, township, or other political subdivision office or any political party office which is filled by a vote of registered voters;

              (27) "Regular session", includes that period beginning on the first Wednesday after the first Monday in January and ending following the first Friday after the second Monday in May;

              (28) "Write-in candidate", an individual whose name is not printed on the ballot but who otherwise meets the definition of candidate in subdivision (3) of this section."; and

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

            Representative Muschany offered House Amendment No. 1 to House Amendment No. 2.

            House Amendment No. 1 to House Amendment No. 2 was withdrawn.

            HCS SB 1288, as amended, with House Amendment No. 2, pending, was laid over.

            Speaker Jetton resumed the Chair.

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 2023, and has taken up and passed CCS SCS HCS HB 2023.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HB 2224 and grants the House a conference thereon.

            The President Pro Tem has appointed the following Conference Committee to act with a like Committee from the House on SS SCS HB 2224: Senators Griesheimer, Mayer, Crowell, Shoemyer and McKenna.

            Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the conference committee on HCS SB 958 has been dissolved and the Senate has adopted HCS SB 958 and taken up and passed HCS SB 958.

APPOINTMENT OF CONFERENCE COMMMITTEES

            The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:

SS SCS HB 2224: Representatives Schneider, Jones (117), Parson, Roorda and Hubbard

SB 1068: Representatives Sater, Cooper (155), Schaaf, Curls and Swinger

HCS SB 1074: Representatives Smith (14), Schoeller, Muschany, Burnett and Vogt

            Representative Nieves resumed the Chair.

THIRD READING OF SENATE BILL

            HCS SB 1288, as amended, with House Amendment No. 2, pending, relating to ethics, was again taken up by Representative Cooper (120).

            Representative Pratt offered House Amendment No. 2 to House Amendment No. 2.

House Amendment No. 2

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for Senate Bill No. 1288, Page 10, Line 9, by inserting after all of said line the following:

              'and further amend said bill, Section 130.032, Page 7, Line 73, by inserting after all of said section the following:

              "Section 1. Notwithstanding the provisions of section 105.955, RSMo, beginning August 28, 2008, there shall be no term limits on the executive director of the Missouri Ethics Commission." '; and

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

            Representative Bringer raised points of order that House Amendment No. 2 to House Amendment No. 2 amends previously amended material and goes beyond the scope of the amendment.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the points of order not well taken.

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

            Representative Muschany offered House Amendment No. 3 to House Amendment No. 2.

House Amendment No. 3

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Committee Substitute for Senate Bill No. 1288, Page 10, Line 9, by inserting after said line the following:

              'Further amend said bill by inserting in the proper place the following:

              Further amend said bill, Section 105.459, Page 2, Line 38, by deleting the words, “ethics commission” and inserting in lieu thereof the words, “commission on political finance”; and

              Further amend said bill, Page 7, Section 130.032, Line 73, by inserting after all of said line the following:

              “Section 1. Beginning August 28, 2008 the Missouri ethics commission shall be known as Missouri commission on political finance. The revisor of statutes shall change all occurrences in the statutes to reflect the name change.”; and'; and

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

            Representative Bringer raised a point of order that House Amendment No. 3 to House Amendment No. 2 goes beyond the scope of the amendment.

            Representative Nieves requested a parliamentary ruling.

            The Parliamentary Committee ruled the point of order not well taken.

            On motion of Representative Muschany, House Amendment No. 3 to House Amendment No. 2 was adopted.

            On motion of Representative Talboy, House Amendment No. 2, as amended, was adopted.

            Representative Burnett offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for Senate Bill No. 1288, Section 130.032, Page 7, Line 73, by inserting after all of said section and line the following:

              "Section 1. The Missouri Ethics Commission shall, in those instances that reasonably require the assistance of outside legal services, employ the services of an independent attorney who is not a member of the Office of the Attorney General. This requirement shall apply to all cases involving the implementation and litigation of laws or rules under the jurisdiction of the commission."; 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.

            Representative Tilley moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Cooper (120), HCS SB 1288, as amended, was adopted.

            On motion of Representative Cooper (120), HCS SB 1288, as amended, was read the third time and passed by the following vote: