House Journal - February 7, 1996
House Journal
Second Regular Session, 88th General Assembly
TWENTY-SECOND DAY, Wednesday, February 7, 1996
Speaker Gaw in the Chair.
Prayer by Reverend Cheryl L. Tatham.
The sweeping waves of changing times continue to amaze us, O Lord; in the midst of the
present, there is always the future beckoning us to take a peek at what is yet to be.
As these representatives consider new directions and avenues of change, as they deal with
their own agendas and those of their constituencies, let them deal honestly and with
integrity.
We would be remiss Creator God, if we did not say "thank you" for bringing warm weather back
to bless us. While appreciating the crispness of winter, it is nice to enjoy the warmth of the
sun. It reminds us that this is indeed a world of change and we stand in awe of your created
order.
And now bless this house and those who labor within its walls. 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: Erin L. Riefer, Julia L. Baker, Misty Hill and
Billy Lingua.
The Journal of the twenty-first day was approved as corrected by the following
vote:
AYES: 154
Akin Alter Auer Backer Ballard
Barnett 4 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Gunn
Hagan-Harrell Hall Hand Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hohulin Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelley 47 Kelly 27
Kissell Klumb Koller Lakin Leake
Legan Liese Linton Lograsso Long
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 McBride McClelland McLuckie Mitchell
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Neill O'Toole
Oetting Overschmidt Pauley Pouche Prost
Pryor Reynolds Ribaudo Richardson Ridgeway
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Sears 1 Secrest
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Vogel Wannenmacher
Ward Whiteside Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Barnes Dougherty Kreider Levin Loudon
Mays 50 Ostmann
VACANCY: 002
RESOLUTIONS
Representative Ford offered House Resolution Nos. 243 through 246, which were
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Surface offered House Resolution No. 247, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representatives Howerton and Scott offered House Resolution No. 248, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Garnett offered House Resolution No. 249, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Hegeman offered House Resolution No. 250, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Murray (69) offered House Resolution No. 251, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Crum (112) offered House Resolution No. 252, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Morgan, et al, offered House Resolution No. 253, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Williams (121) offered House Resolution Nos. 254 through 257,
which were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Hegeman offered House Resolution No. 258, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Smith offered House Resolution No. 259, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representatives Davis and Auer offered House Resolution No. 260, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Whiteside offered House Resolution No. 261, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Vogel offered House Resolution No. 262, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representatives Treadway and Enz offered House Resolution No. 263, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
SECOND READING OF HOUSE JOINT RESOLUTION
HJR 55 was read the second time.
SECOND READING OF HOUSE BILLS
HB 1422 through HB 1445 were read the second time.
COMMITTEE REPORTS
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman
Backer reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and
Printed, to which was referred HJR 40, begs leave to report it has examined
the same and finds it to be truly perfected and that the printed copies
thereof furnished the members are correct.
Committee on Miscellaneous Bills and Resolutions, Chairman Leutkenhaus
reporting:
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which
was referred House Resolution Nos. 211, 212, 213, 214, 215, 216, 217, 218,
219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234,
235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249,
250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262 and 263, begs
leave to report it has examined the same and recommends that they Do Pass.
PERFECTION OF HOUSE BILL
HB 905, with House Committee Amendment No. 1 , relating to Department of
Aging, was taken up by Representative Rizzo.
On motion of Representative Rizzo, House Committee Amendment No. 1 was
adopted.
Representative Griesheimer offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 905, page 2, section 617.007, lines 3 and 4, by deleting lines 3 and 4
and inserting in lieu thereof the following:
"However, the total number of employees of the department of aging shall not exceed the
staffing level of the division of aging as of 7/1/96. This staffing limitation shall not
prevent the department from adding staff to implement new programs approved by the general
assembly."
Representative Reynolds offered House Substitute Amendment No. 1 for House
Amendment No. 1.
Twenty-second Day-Wednesday, February 7, 1996
House Substitute Amendment No. 1
for House Amendment No. 1
AMEND House Bill No. 905, page 2, section 617.007, lines 3 and 4 by deleting lines 3 and 4 and
inserting in lieu thereof the following:
"However, the total number of employees of the department of aging shall not exceed seven
hundred and twenty-five people. This staffing limitation shall not prevent the department from
adding staff to implement new programs approved by the general assembly."
On motion of Representative Reynolds, House Substitute Amendment No. 1 for
House Amendment No. 1 was adopted.
Representative Oetting offered House Amendment No. 2.
House Amendment No. 2
AMEND House Bill No. 905, Section 617.007, Line 4, by adding the following at the end of said
line:
"Personnel employed in any state department and whose duties involve the provision of aging-
related services or programs may be transferred to the department of aging, and shall not be
considered in the total staff number limit of seven hundred and twenty-five people."
Representative Rizzo offered House Amendment No. 1 to House Amendment No. 2.
House Amendment No. 1
to House Amendment No. 2
AMEND House Bill No. 905, page 2, section 617.007, line 4, by adding the following at the end
of said line:
"Personnel employed in any state department and whose duties involve the provision of aging -
related services or programs may be accessed by the department of aging to assist the
department in providing services and programs through a unified service delivery system".
On motion of Representative Rizzo, House Amendment No. 1 to House Amendment
No. 2 was adopted.
On motion of Representative Oetting, House Amendment No. 2, as amended, was
adopted.
Representative Backer suggested the absence of a quorum.
The following roll call indicated a quorum present:
AYES: 000
NOES: 000
PRESENT: 153
Akin Alter Auer Backer Ballard
Barnett 4 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Froelker Garnett
Gaskill Gibbons Goward Graham Gratz
Green Griesheimer Gross Gunn Hagan-Harrell
Hall Hand Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelley 47 Kelly 27 Kissell
Koller Kreider Lakin Leake Legan
Levin Liese Linton Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Mitchell Montgomery Morgan Murphy Murray 69
Murray 135 Nordwald O'Connor O'Neill O'Toole
Oetting Ostmann Overschmidt Pouche Prost
Pryor Reynolds Ribaudo Richardson Ridgeway
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Sears 1 Secrest
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Tate Thompson 37 Treadway
Troupe Van Zandt Vogel Wannenmacher Ward
Whiteside Wieland Wiggins Williams 121 Williams 159
Witt Wooten Mr. Speaker
ABSENT WITH LEAVE: 008
Barnes Daniel 42 Franklin Klumb Lograsso
Naeger Pauley Thomason 163
VACANCY: 002
On motion of Representative Rizzo, HB 905, as amended, was ordered perfected
and printed by the following vote:
AYES: 103
Auer Backer Ballard Bartelsmeyer Bennett 15
Bland Bonner Boucher Broach Brown
Canuteson Carter Childers Clayton Cooper
Copeland Crum 112 Crump 152 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Farmer
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Garnett Goward Gratz
Green Gunn Hagan-Harrell Harlan Hartzler 123
Heckemeyer Hickey Hoppe Hosmer Jacob
Kasten Kelly 27 Kissell Koller Kreider
Lakin Leake Levin Liese Luetkenhaus
Lumpe Marshall 26 May 108 Mays 50 McBride
McLuckie Mitchell Montgomery Morgan Murphy
Murray 69 Naeger Nordwald O'Connor O'Toole
Overschmidt Pouche Prost Reynolds Ribaudo
Rizzo Robirds Ross Scheve Schilling
Sears 1 Shear 83 Sheldon 104 Shelton 57 Skaggs
Smith Sombart Stokan Stoll Summers
Tate Thomason 163 Thompson 37 Treadway Troupe
Vogel Ward Wiggins Williams 121 Williams 159
Witt Wooten Mr. Speaker
NOES: 053
Akin Alter Barnett 4 Boatright Bray
Burton Champion Chrismer Cierpiot Elliott
Enz Evans Froelker Gaskill Gibbons
Graham Griesheimer Gross Hall Hand
Hartzler 124 Hegeman Hendrickson Hohulin Howerton
Kauffman Keeven Kelley 47 Legan Linton
Lograsso Long Loudon Marble Marshall 133
McClelland Murray 135 Oetting Ostmann Pryor
Richardson Ridgeway Sallee Schwab Scott
Secrest Shields Steen Surface Van Zandt
Wannenmacher Whiteside Wieland
PRESENT: 000
ABSENT WITH LEAVE: 005
Barnes Daniel 42 Klumb O'Neill Pauley
VACANCY: 002
SIGNING OF SENATE BILL
All other business of the House was suspended while SB 671 was read at length
and, there being no objection, was signed by the Speaker to the end that the
same may become law.
PERFECTION OF HOUSE BILL
HCS HBs 904, 788 and 966, relating to child immunization, was taken up by
Representative Lakin.
Representative Lakin offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bills Nos. 904, 788 and 966, Page 1, In the Title,
Line 2, by striking out all of said line and inserting in lieu thereof the following:
"To repeal section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, and to enact in
lieu thereof five new sections for the"; and
Further amend said bill, Page 1, Section A, Line 1, by striking out all of said line and
inserting in lieu thereof the following:
"Section A. Section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, are repealed and
five new sections enacted in"; and
Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the word
"sections" the following: "167.181,"; and
Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after said line
the following:
"167.181. 1. The department of health, after consultation with the department of elementary
and secondary education, shall promulgate rules and regulations governing the [immunization
against poliomyelitis, rubella, rubeola, mumps, tetanus, pertussis and diphtheria,]
immunizations to be required of children attending public, private, parochial or parish
schools. The immunizations required and the manner and frequency of their administration shall
conform to recognized standards of medical practice. The department of health shall supervise
and secure the enforcement of the required immunization program.
2. It is unlawful for any student to attend school unless he has been immunized as required
under the rules and regulations of the department of health, and can provide satisfactory
evidence of such immunization; except that if he produces satisfactory evidence of having
begun the process of immunization, he may continue to attend school as long as the
immunization process is being accomplished in the prescribed manner. It is unlawful for any
parent or guardian to refuse or neglect to have his child immunized as required by this
section, unless the child is properly exempted.
3. This section shall not apply to any child if one parent or guardian objects in writing to
his school administrator against the immunization of the child, because of religious beliefs
or medical contraindications. In cases where any such objection is for reasons of medical
contraindications, a statement from a duly licensed physician must also be provided to the
school administrator.
4. Each school superintendent, whether of a public, private, parochial or parish school, shall
cause to be prepared a record showing the immunization status of every child enrolled in or
attending a school under his jurisdiction. The name of any parent or guardian who neglects or
refuses to permit a nonexempted child to be immunized against diseases as required by the
rules and regulations promulgated [hereunder] pursuant to the provisions of this section shall
be reported by the school superintendent to the department of health.
5. The immunization required may be done by any duly licensed physician or by someone under
his direction. If the parent or guardian is unable to pay, the child shall be immunized at
public expense by a physician or nurse at or from the county, district, city public health
center or a school nurse or by a nurse or physician in the private office or clinic of the
child's personal physician with the costs of immunization paid through the state medicaid
program, private insurance or in a manner to be determined by the department of health subject
to state and federal appropriations, and after consultation with the school superintendent and
the advisory committee established in section 192.630, RSMo.
6. Funds for the administration of this section and for the purchase of vaccines for children
of families unable to afford them shall be appropriated to the department of health from
general revenue or from federal funds if available.
7. No rule or portion of a rule promulgated under the authority of this section shall become
effective unless it has been promulgated pursuant to the provisions of section 536.024,
RSMo.".
Representative Hall offered House Substitute Amendment No. 1 for House
Amendment No. 1.
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Committee Substitute for House Bills Nos. 904, 788 and 966, Page 1, In the Title,
Line 2, by striking out all of said line and inserting in lieu thereof the following:
"To repeal section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, and to enact in
lieu thereof five new sections for the"; and
Further amend said bill, Page 1, Section A, Line 1, by striking out all of said line and
inserting in lieu thereof the following:
"Section A. Section 376.995, RSMo 1994, and section 167.181, RSMo Supp. 1995, are repealed and
five new sections enacted in"; and
Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the word
"sections" the following: "167.181,"; and
Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after said line
the following:
"167.181. 1. The department of health, after consultation with the department of elementary
and secondary education, shall promulgate rules and regulations governing the [immunization
against poliomyelitis, rubella, rubeola, mumps, tetanus, pertussis and diphtheria,]
immunizations to be required of children attending public, private, parochial or parish
schools. The immunizations required and the manner and frequency of their administration shall
conform to recognized standards of medical practice. The department of health shall supervise
and secure the enforcement of the required immunization program.
2. It is unlawful for any student to attend school unless he has been immunized as required
under the rules and regulations of the department of health, and can provide satisfactory
evidence of such immunization; except that if he produces satisfactory evidence of having
begun the process of immunization, he may continue to attend school as long as the
immunization process is being accomplished in the prescribed manner. It is unlawful for any
parent or guardian to refuse or neglect to have his child immunized as required by this
section, unless the child is properly exempted.
3. This section shall not apply to any child if one parent or guardian objects in writing to
his school administrator against the immunization of the child, because of religious beliefs
or medical contraindications or because of a sincerely held personal belief that the
immunization may be harmful to the child. In cases where any such objection is for reasons of
medical contraindications, a statement from a duly licensed physician must also be provided to
the school administrator.
4. Each school superintendent, whether of a public, private, parochial or parish school, shall
cause to be prepared a record showing the immunization status of every child enrolled in or
attending a school under his jurisdiction. The name of any parent or guardian who neglects or
refuses to permit a nonexempted child to be immunized against diseases as required by the
rules and regulations promulgated [hereunder] pursuant to the provisions of this section shall
be reported by the school superintendent to the department of health.
5. The immunization required may be done by any duly licensed physician or by someone under
his direction. If the parent or guardian is unable to pay, the child shall be immunized at
public expense by a physician or nurse at or from the county, district, city public health
center or a school nurse or by a nurse or physician in the private office or clinic of the
child's personal physician with the costs of immunization paid through the state medicaid
program, private insurance or in a manner to be determined by the department of health subject
to state and federal appropriations, and after consultation with the school superintendent and
the advisory committee established in section 192.630, RSMo.
6. Funds for the administration of this section and for the purchase of vaccines for children
of families unable to afford them shall be appropriated to the department of health from
general revenue or from federal funds if available.
7. No rule or portion of a rule promulgated under the authority of this section shall become
effective unless it has been promulgated pursuant to the provisions of section 536.024,
RSMo.".
Representative Hall moved that House Substitute Amendment No. 1 for House
Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 032
Akin Alter Ballard Boatright Brown
Champion Elliott Enz Evans Gaskill
Graham Gross Hall Hartzler 124 Hendrickson
Hohulin Keeven Levin Linton Lograsso
Loudon Marble Marshall 26 Marshall 133 Murphy
Ridgeway Robirds Steen Summers Wannenmacher
Whiteside Wieland
NOES: 115
Auer Backer Barnett 4 Bartelsmeyer Bennett 15
Bland Bonner Boucher Bray Broach
Burton Canuteson Carter Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Farmer Farnen Fiebelman
Fitzwater Foley Foster Franklin Froelker
Garnett Gibbons Goward Gratz Green
Griesheimer Gunn Hagan-Harrell Hand Harlan
Hartzler 123 Heckemeyer Hegeman Hickey Hoppe
Hosmer Jacob Kasten Kauffman Kelley 47
Kelly 27 Kissell Kreider Lakin Leake
Liese Long Luetkenhaus Lumpe May 108
McBride McClelland McLuckie Mitchell Montgomery
Morgan Murray 69 Murray 135 Nordwald O'Neill
O'Toole Oetting Ostmann Overschmidt Pouche
Prost Pryor Reynolds Ribaudo Richardson
Rizzo Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Secrest Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Stokan Stoll Surface Tate
Thomason 163 Treadway Troupe Van Zandt Vogel
Williams 121 Williams 159 Witt Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 014
Barnes Daniel 42 Ford Howerton Klumb
Koller Legan Mays 50 Naeger O'Connor
Pauley Thompson 37 Ward Wiggins
VACANCY: 002
On motion of Representative Lakin, House Amendment No. 1 was adopted.
Representative Shields offered House Amendment No. 2.
House Amendment No. 2
AMEND House Bills 904, 788, and 966, further Amend said bill in page one, subset 3, line 15,
by striking out "["
Further amend said bill in page two, line 16 by striking out "(6)]" Section 376.782[.];" and
inserting in lieu thereof "(6) Section 376.782."
Further amend said bill in page two, lines 17 and 18 by striking out all of both said lines
Further amend said bill in Section One, line 1, by striking out all of lines 1 thru 15
Further amend said bill in Page Three, Section 1, line 16 by striking out all of lines 16 thru
18
Further amend said bill in Page Three, Section 2, line 1 by striking out all of lines 1 thru 5
Further amend said bill in Page Three, Section 3, line one by striking out "3" and inserting
in lieu thereof "1"
Further amend said bill in Page Five, by inserting after the words "administer immunizations
in this state." the following:
"Section 2. Any health care provider who agrees to administer immunizations for children from
birth to five years of age as provided by department of health regulations shall receive
vaccine for such immunizations free of charge from the state of Missouri through the
department of health. Such provider shall only qualify for free vaccine if the provider
charges no more than a nominal administration fee for administering the immunization. The
department of health may judge on a case by case basis if the proposed administrative charge
is one which qualifies for vaccine."
Further amend said bill In Page Five, by inserting after the words "which qualifies for
vaccine." the following:
"Section 3. The department of health shall promulgate rules and regulations to determine which
vaccines shall be provided as described in section 2 of this act. No rule or portion of a rule
promulgated under the authority of this section shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo."
HCS HBs 904, 788 and 966, as amended, with House Amendment No. 2, pending, was
laid over.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HB 905 - Budget (Fiscal Note)
COMMITTEE REPORTS
Committee on Children, Youth and Families, Chairman Dougherty reporting:
Mr. Speaker: Your Committee on Children, Youth and Families, to which was
referred HB 992, begs leave to report it has examined the same and recommends
that it Do Pass.
Committee on Commerce, Chairman Rizzo reporting:
Mr. Speaker: Your Committee on Commerce, to which was referred HB 849, begs
leave to report it has examined the same and recommends that the House
Committee Substitute Do Pass.
Committee on Correctional and State Institutions, Chairman Crump (152)
reporting:
Mr. Speaker: Your Committee on Correctional and State Institutions, to which
was referred HB 974, 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. 974, Page 1, In the Title, Line 2, by inserting immediately after the
word "sections" the following: "557.036"; and
Further amend said bill, Page 1, In the Title, Line 3, by deleting the word "seven" and
inserting in lieu thereof the word "eight"; and
Further amend said bill, Page 1, Section A, Line 1, by inserting immediately after the word
"sections" the following: "557.036"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "seven" and inserting
in lieu thereof the word "eight"; and
Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the word
"sections" the following: "557.036,"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after all of said line, the
following:
"557.036. 1. Subject to the limitation provided in subsection 3 of this section, upon a
finding of guilt upon verdict or plea, the court shall decide the extent or duration of
sentence or other disposition to be imposed under all the circumstances, having regard to the
nature and circumstances of the offense and the history and character of the defendant and
render judgment accordingly.
2. The court shall instruct the jury as to the range of punishment authorized by statute and
upon a finding of guilt to assess and declare the punishment as a part of their verdict,
unless
(1) The defendant requests in writing, prior to voir dire, that the court assess the
punishment in case of a finding of guilt, or
(2) The state pleads and proves the defendant is a prior offender, persistent offender,
dangerous offender, or persistent misdemeanor offender as defined in section 558.016, RSMo, a
persistent sexual offender as defined in section 558.018, RSMo, or a predatory sexual offender
as defined in subdivision (1) or (2) of subsection 2 of section 558.023, RSMo.
If the jury finds the defendant guilty but cannot agree on the punishment to be assessed, the
court shall proceed as provided in subsection 1 of this section. If there be a trial by jury
and the jury is to assess punishment and if after due deliberation by the jury the court finds
the jury cannot agree on punishment, then the court may instruct the jury that if it cannot
agree on punishment that it may return its verdict without assessing punishment and the court
will assess punishment.
3. If the jury returns a verdict of guilty and declares a term of imprisonment as provided in
subsection 2 of this section, the court shall proceed as provided in subsection 1 of this
section except that any term of imprisonment imposed cannot exceed the term declared by the
jury unless the term declared by the jury is less than the authorized lowest term for the
offense, in which event the court cannot impose a term of imprisonment greater than the lowest
term provided for the offense.
4. If the defendant is found to be a prior offender, persistent offender, dangerous offender
or persistent misdemeanor offender as defined in section 558.016, RSMo:
(1) If he has been found guilty of an offense, the court shall proceed as provided in section
558.016, RSMo, or
(2) If he has been found guilty of a class A felony, the court may impose any sentence
authorized for the class A felony.
5. The court shall not seek an advisory verdict from the jury in cases of prior offenders,
persistent offenders, [or] dangerous offenders, persistent sexual offenders or predatory
sexual offenders; if an advisory verdict is rendered, the court shall not deem it advisory,
but shall consider it as mere surplusage."; and
Further amend said bill, Page 2, Section 558.018, Line 14, by inserting immediately after the
word "parole" the following: "after a minimum of thirty years imprisonment. In no event shall
such person receive a final discharge from the board of probation and parole pursuant to
section 217.730, RSMo"; and
Further amend said bill, Page 2, Section 558.021, Line 15, by inserting immediately after the
number "558.016" the following: "or subdivision (3) of subsection 2 of section 558.023"; and
Further amend said bill, Page 2, Section 558.021, Line 19, by inserting immediately after the
number "558.016", the following: "or subdivision (3) of subsection 2 of section 558.023"; and
Further amend said bill, Page 2, Section 558.023, Line 4, by inserting immediately after the
word "parole" the following: ", but in no event shall such person receive a final discharge
from the board of probation and parole pursuant to section 217.730, RSMo"; and
Further amend said bill, Page 5, Section 559.115, Line 15, by deleting "566.030, 566.032,
566.060" and inserting in lieu thereof "566.032"; and
Further amend said bill, Page 5, Section 559.115, Line 16, by inserting immediately after all
of said line, the following: "or"; and
Further amend said bill, Page 5, Section 559.115, Line 17, by deleting all of said line; and
Further amend said bill, Page 5, Section 559.115, Line 18, by deleting "(3)" and inserting in
lieu thereof "(2)"; and
Further amend said bill, Page 5, Section 559.115, Line 29, by inserting immediately after the
word "RSMo;" the following: "child molestation in the first degree pursuant to section
566.067, RSMo; child molestation in the second degree pursuant to section 566.068, RSMo, when
classified as a class D felony; a defendant who has been found to be a predatory sexual
offender pursuant to section 558.023, RSMo;"; and
Further amend said bill, Page 6, Section 589.015, Line 7, by inserting immediately after
"statutory sodomy in the second degree," the following: "child molestation in the first
degree, child molestation in the second degree,".
Committee on Education - Elementary and Secondary, Chairman Morgan reporting:
Mr. Speaker: Your Committee on Education - Elementary and Secondary, to which
was referred HB 895, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Committee on Energy and Environment, Chairman Garnett reporting:
Mr. Speaker: Your Committee on Energy and Environment, to which was referred
HB 945, begs leave to report it has examined the same and recommends that the
House Committee Substitute Do Pass.
Committee on Federal - State Relations and Veterans Affairs, Chairman
Montgomery reporting:
Mr. Speaker: Your Committee on Federal - State Relations and Veterans Affairs,
to which was referred HB 832, 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. 832, Page 2, Section 1, Line 10, by deleting the words "Mt. Vernon in
Lawrence County" and inserting in lieu thereof the following: "Springfield in Greene County";
and
Further amend said bill, Page 2, Section 1, Line 11, by inserting after the words "St. Louis
County" the following: "with an alternate site in St. Charles County or Jefferson County".
Committee on Fees and Salaries, Chairman Marshall (26) reporting:
Mr. Speaker: Your Committee on Fees and Salaries, to which was referred HB
1208, begs leave to report it has examined the same and recommends that it Do
Pass.
Committee on Insurance, Chairman Auer reporting:
Mr. Speaker: Your Committee on Insurance, to which was referred HB 844 and HB
1059, begs leave to report it has examined the same and recommends that the
House Committee Substitute Do Pass.
Committee on Judiciary and Ethics, Chairman Witt reporting:
Mr. Speaker: Your Committee on Judiciary and Ethics, to which was referred the
Bootheel Caucus, begs leave to report it has examined the same and approves it
pursuant to Section 105.470 (6) 4 (2) and (c) d RSMo.
Twenty-second Day-Wednesday, February 7, 1996
TO:Representative Gary Witt, Chairman
Judiciary and Ethics Committee
FROM: Representative Larry Thomason
RE: Bootheel Caucus
According to Section 105.470 I have listed the members of the Bootheel Caucus. They are:
/s/ Jess Garnett /s/ Don Koller
/s/ Mark Richardson /s/ Bill Foster
/s/ Marilyn Williams /s/ Joe Heckemeyer
/s/ Gene Copeland /s/ Donald Prost
/s/ Jim Montgomery /s/ Larry Thomason
/s/ Jim Sears
Mr. Speaker: Your Committee on Judiciary and Ethics, to which was referred HB
818, begs leave to report it has examined the same and recommends that the
House Committee Substitute Do Pass.
Committee on Labor, Chairman Hickey reporting:
Mr. Speaker: Your Committee on Labor, to which was referred HB 879, begs leave
to report it has examined the same and recommends that it Do Pass with House
Committee Amendment Nos. 1 and 2.
House Committee Amendment No. 1
AMEND House Bill 879, Page 1, Section 1, Line 1, by inserting after the words "Section 1."
the following: "1."; and
FURTHER AMEND SAID BILL, Page 1, Section 1, Line 7, by inserting immediately after said line
the following:
"2. All public entities covered in sections 1 to 7 of this act shall, before issuing a permit
to build or renovate any structure governed by sections 1 to 7 of this act, obtain evidence
that notice was given to the permit applicant regarding the necessity to comply with the
Americans with Disabilities Act of 1990 and the Fair Housing Act Amendments of 1988, when
applicable. Such evidence shall be a copy of such notice signed by the permit applicant. Such
notice shall include the following language in ten-point type:
NOTICE TO BUILDING PERMIT APPLICANT
ALL NEW FACILITIES AND ALL RENOVATIONS OF EXISTING FACILITIES ARE REQUIRED TO COMPLY WITH THE
FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990 ACCESSIBILITY STANDARDS, EXCEPT THOSE
FACILITIES WHICH ARE FOR RESIDENTIAL USE OR ARE OWNED AND CONTROLLED BY A RELIGIOUS
ORGANIZATION.
ALL MULTI-FAMILY RESIDENTIAL PROJECTS WITH FOUR OR MORE UNITS ARE REQUIRED TO COMPLY WITH THE
FEDERAL FAIR HOUSING ACT OF 1988 AMENDMENTS.
ACKNOWLEDGEMENT OF NOTICE
I HAVE BEEN INFORMED OF THE RESPONSIBILITY TO COMPLY WITH THE FEDERAL LAWS REFERENCED ABOVE.
__________________________ _____________________
SIGNATURE OF APPLICANT WITNESS DATE
House Committee Amendment No. 2
AMEND House Bill No. 879, page 2, section 7, line 1, by deleting the word "may" and by
inserting in lieu thereof the word "shall".
Committee on Local Government and Related Matters, Chairman Hoppe reporting:
Mr. Speaker: Your Committee on Local Government and Related Matters, to which
was referred HB 1259, begs leave to report it has examined the same and
recommends that the House Committee Substitute Do Pass.
Committee on Motor Vehicle and Traffic Regulations, Chairman Sheldon (104)
reporting:
Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which
was referred HB 782, 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. 782, Page 1, Section 302.291, Line 12, by deleting after the word
"officer", the following: "physician,"
Committee on Social Services, Medicaid and the Elderly, Chairman Boucher
reporting:
Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to
which was referred HB 1402, begs leave to report it has examined the same and
recommends that it Do Pass.
Committee on State Parks, Recreation and Natural Resources, Chairman McBride
reporting:
Mr. Speaker: Your Committee on State Parks, Recreation and Natural Resources,
to which was referred HB 1041, 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. 1041, Page 1, Section 252.045, Lines 9 and 10, by deleting the words:
"boats and water conveyances," and inserting in lieu thereof the words: "boats, water
conveyances, trailers,".
Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt
reporting:
Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to
which was referred HB 866, begs leave to report it has examined the same and
recommends that it Do Pass.
Committee on Transportation, Chairman Koller reporting:
Mr. Speaker: Your Committee on Transportation, to which was referred HB 991,
begs leave to report it has examined the same and recommends that the House
Committee Substitute Do Pass.
INTRODUCTION OF HOUSE JOINT RESOLUTIONS
The following House Joint Resolutions were read the first time and 1,000
copies ordered printed:
HJR 56, introduced by Representative Cooper, et al, relating to certain sales
taxes.
HJR 57, introduced by Representative Scheve, relating to bingo.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and 1,000 copies ordered
printed:
HB 1446, introduced by Representative Bonner, relating to six-director school
districts.
HB 1447, introduced by Representative Oetting, relating to certain health care
coverage.
HB 1448, introduced by Representative Oetting, relating to insurance coverage
of pharmaceutical benefits.
HB 1449, introduced by Representative Dougherty, relating to prohibiting the
awarding of live animals as prizes and incentives.
HB 1450, introduced by Representatives Richardson and Gratz, relating to
environmental protection.
HB 1451, introduced by Representative Barnett (4), relating to unmarked human
burial sites.
HB 1452, introduced by Representatives Lograsso and Ross, relating to real
property tax increment allocation redevelopment.
HB 1453, introduced by Representatives Fiebelman and Froelker, relating to
establishment of certain roads.
HB 1454, introduced by Representatives Hall and Cierpiot, et al, relating to
domestic relations.
HB 1455, introduced by Representatives Hall and Cierpiot, relating to
protection of children in foster and adoptive placements.
HB 1456, introduced by Representative Hegeman, relating to purchasing
practices in certain counties.
HB 1457, introduced by Representatives Hegeman and Gibbons, et al, relating to
executive department budgets.
HB 1458, introduced by Representative Froelker, relating to marriages of
certain persons.
HB 1459, introduced by Representative Froelker, relating to grain warehouse
law.
HB 1460, introduced by Representatives Wiggins and Nordwald, relating to
central dispatching and emergency services.
HB 1461, introduced by Representatives Secrest, Richardson and Gratz, et al,
relating to workers' compensation.
HB 1462, introduced by Representative Edwards-Pavia, et al, relating to
outstanding schools act.
HB 1463, introduced by Representative Shields, et al, relating to outstanding
schools act.
HB 1464, introduced by Representative May (108), relating to crimes against
children.
HB 1465, introduced by Representatives Hoppe and Lograsso, relating to certain
circuit courts.
HB 1466, introduced by Representatives Rizzo and Mays (50), relating to sales
tax exemptions.
HB 1467, introduced by Representatives Sallee and Gibbons, et al, relating to
appropriations.
HB 1468, introduced by Representative Crump (152), relating to certain weapons
offenses.
HB 1469, introduced by Representative Skaggs, relating to bidding at a sale of
land for delinquent taxes.
HB 1470, introduced by Representative Crump (152), relating to the liquor
control law.
HB 1471, introduced by Representative Jacob, relating to student
representatives on the governing boards of certain institutions of higher
education.
HB 1472, introduced by Representative Shear, relating to certain health care
benefits.
COMMITTEE CHANGES
1996
Representative Ward appointed a member of the Correctional and State
Institutions Committee.
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 SB 575, entitled:
An act to repeal section 197.318, RSMo 1994, relating to certificate of need,
and to enact one new section relating to the same subject, with an emergency
clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SCS SB 735, entitled:
An act to repeal section 72.418, RSMo Supp. 1995, relating to fire protection
district elections, and to enact in lieu thereof one new section relating to
the same subject, with an emergency clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SCS SB 857, entitled:
An act to repeal sections 169.010 and 169.600, RSMo 1994, and sections 169.030
and 169.620, RSMo Supp. 1995, relating to teacher retirement, and to enact in
lieu thereof four new sections relating to the same subject, with an emergency
clause.
Emergency clause adopted.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Backer, the House adjourned until 10:00 a.m.,
Thursday, February 8, 1996.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Twenty-First Day, Tuesday, February 6, 1996, pages 1
and 2, roll call, by showing Representative Gaskill voting "aye" rather than
"absent with leave".
Pages 3 and 4, roll call, by showing Representative Gratz voting "present"
rather than "absent with leave".
COMMITTEE MEETINGS
APPROPRIATIONS - EDUCATION AND PUBLIC SAFETY
Thursday, February 8, 1996. Hearing Room 7 upon adjournment. Executive
Session If Needed.
APPROPRIATIONS - GENERAL ADMINISTRATION & TRANSPORTATION
Thursday, February 8, 1996. Hearing Room 9 fifteen minutes after adjournment
if needed. Mark-up
To be considered - HB 1012
APPROPRIATIONS - HEALTH AND MENTAL HEALTH
Thursday, February 8, 1996. Hearing Room 5 upon adjournment. Dept. of Mental
Health mark-up.
APPROPRIATIONS - NATURAL AND ECONOMIC RESOURCES
Thursday, February 8, 1996. Hearing Room 8 upon adjournment.
To be considered - Executive Session - HB 1006, Executive Session - HB 1007
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Tuesday, February 13, 1996. Hearing Rooms 1 & 2 twenty-five minutes after
adjournment. Mark-up
To be considered - HB 1009
APPROPRIATIONS - SOCIAL SERVICES AND CORRECTIONS
Wednesday, February 14, 1996. Hearing Rooms 1 & 2 twenty-five minutes after
adjournment. Mark-up
To be considered - HB 1011
BUDGET
Thursday, February 8, 1996, 8:30 am. Hearing Room 9. Executive Session.
To be considered - HB 1215, HB 1400
BUDGET
Monday, February 12, 1996, 12:00 pm. Hearing Room 9. Presentation on
salaries, benefits, and COMAP recommendations.
CHILDREN'S SERVICES COMMISSION
Monday, February 12, 1996, 10:30 am. Hearing Rooms 3 & 4.
CIVIL AND CRIMINAL LAW
Thursday, February 8, 1996. Side Gallery upon adjournment. Executive Session.
CONSUMER PROTECTION
Thursday, February 8, 1996, 9:00 am. Hearing Room 2.
To be considered - Executive Session - HB 1363
ENERGY AND ENVIRONMENT
Thursday, February 8, 1996, 8:00 am. Hearing Room 8. Executive Session may
follow.
To be considered - HB 1345
PROFESSIONAL REGISTRATION & LICENSING
Thursday, February 8, 1996, 9:00 am. Room 401. Executive Session.
PUBLIC HEALTH AND SAFETY
Thursday, February 8, 1996. Side Gallery upon adjournment. Amended Notice
To be considered - Executive Session - HB 1121, Executive Session - HB 1282,
Executive Session - HB 1377
PUBLIC HEALTH AND SAFETY
Tuesday, February 13, 1996, 3:00 pm. Hearing Room 9.
To be considered - HB 802, HB 885, HB 1026, HB 1081
SCIENCE, TECHNOLOGY AND CRITICAL ISSUES
Thursday, February 8, 1996. Hearing Rooms 3 & 4 upon adjournment.
Corrected Notice
To be considered - Executive Session - HB 1169, Executive Session - HB 1301
SUB-COMMITTEE ON LEGISLATIVE RESEARCH & OVERSIGHT
Thursday, February 8, 1996. Senate Committee Room 1 upon adjournment.
Contested fiscal notes. Cancelled
To be considered - SB 641
SUB-COMMITTEE ON LEGISLATIVE RESEARCH & OVERSIGHT
Tuesday, February 13, 1996, 1:30 pm. Senate Committee Room 1. Contested Fiscal
Notes.
To be considered - SB 641
URBAN AFFAIRS
Tuesday, February 13, 1996, 8:00 pm. Hearing Room 2.
To be considered - HB 1140, HB 1267, HB 1410
WAYS AND MEANS
Tuesday, February 13, 1996, 3:00 pm. Hearing Rooms 1 & 2.
To be considered - HB 1155, HB 1158, HB 1219, HB 834, HB 987, HB 1413,
HB 1147, HB 969, HB 947
WORKERS COMPENSATION AND EMPLOYMENT SECURITY
Monday, February 12, 1996, 8:00 pm. Hearing Room 5. Amended Notice.
To be considered - HB 1313, HB 1368
HOUSE CALENDAR
TWENTY-THIRD DAY, THURSDAY, FEBRUARY 8, 1996
HOUSE JOINT RESOLUTIONS FOR SECOND READING
HJR 56
HJR 57
HOUSE BILLS FOR SECOND READING
HB 1446 through HB 1472
HOUSE BILLS FOR PERFECTION
HCS HB 904, 788 & 966, as amended, with HA 2 pending - Lakin
HCS HB 1069, 794, 807, 936, 1128, 1153, 1202 - Kelly (27)
HCS HB 1146 - Backer
HOUSE BILL FOR PERFECTION - CONSENT
(February 1, 1996)
HB 846 - Koller
HOUSE JOINT RESOLUTION FOR THIRD READING
HJR 40 - Rizzo
HOUSE BILL FOR THIRD READING
HB 905, (Budget Fiscal 2-7-96) - Rizzo
SENATE BILLS FOR SECOND READING
SB 575
SCS SB 735
SCS SB 857
COURTESY RESOLUTIONS
HR 211 - Gaw
HR 212 - Whiteside
HR 213 - Prost
HR 214 - Davis
HR 215 - Morgan
HR 216 - Hosmer
HR 217 - Wooten
HR 218 - Surface
HR 219 - Stokan
HR 220 - Gratz
HR 221 - Heckemeyer
HR 222 - Heckemeyer
HR 223 - Heckemeyer
HR 224 - Shields
HR 225 - McLuckie
HR 227 - Scott
HR 228 - Harlan
HR 229 - Marshall (26)
HR 230 - Gaw
HR 231 - Overschmidt
HR 232 - Bray
HR 233 - Chrismer
HR 234 - Hohulin
HR 235 - Thomason (163)
HR 236 - Ross
HR 237 - Richardson
HR 238 - Kreider
HR 239 - Kreider
HR 240 - Kreider
HR 241 - Kreider
HR 242 - Crum (112)
HR 243 - Ford
HR 244 - Ford
HR 245 - Ford
HR 246 - Ford
HR 247 - Surface
HR 248 - Howerton
HR 249 - Garnett
HR 250 - Hegeman
HR 251 - Murray (69)
HR 252 - Crum (112)
HR 253 - Morgan
HR 254 - Williams (121)
HR 255 - Williams (121)
HR 256 - Williams (121)
HR 257 - Williams (121)
HR 258 - Hegeman
HR 259 - Smith
HR 260 - Davis
HR 261 - Whiteside
HR 262 - Vogel
HR 263 - Treadway