House Journal - March 20, 1996
House Journal
Second Regular Session, 88th General Assembly
FORTY-THIRD DAY, Wednesday, March 20, 1996
Speaker Gaw in the Chair.
Prayer by Reverend Cheryl L. Tatham.
"Again I saw that under the sun the race is not to the swift, nor the battle to the strong,
nor bread to the wise nor riches to the intelligent, nor favor to the skillful; but time and
chance happen to them all." (Ecclesiastes 9:11, NRSV)
The time is getting closer each day, O God of eternity, when the business of this House will
conclude, and we are conscious of needing to get so much done. Help us discern the important
issues and deal with them with careful deliberation. Help us discern those issues which are
simpler and less important, and dispatch those with expediency, remembering in both cases the
affect that our decisions will have on us and on those whom we serve.
In this prayer today we ask you to be with each member of this body, its officers; men and
women who feel the weight of responsibility and the need for your guidance; men and women who
often are tempted and who need the support of your grace. Grant to them the courage to do the
right as you have given them to see right, and to help make it clear to the rest of us. 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: Sarah Jackson, Stephanie Richter, Rachel Richter,
Lydia Richter, Kayla Hatch, Jessie Felzien, Robert L. Becker, Elizabeth
Hornbeck, Tom Schwartz, Jeff Talleur, Katie Vescovo, Dana Gilmore, Chad Kelly,
Alicia Boyd, Cornelius Weaver and Taneka Jordon.
The Journal of the forty-second day was approved as corrected.
RESOLUTIONS
Representative Marshall (26) offered House Resolution No. 500, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Wannenmacher offered House Resolution No. 501, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Stoll offered House Resolution No. 502, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
SECOND READING OF HOUSE BILL
HB 1628 was 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 HB 1533 (CONSENT), 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.
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and
Printed, to which was referred HCS HB 1011 and HCS HB 1012, begs leave to
report it has examined the same and finds them to be truly perfected and that
the printed copies thereof furnished the members are correct.
THIRD READING OF HOUSE BILLS - APPROPRIATIONS
HCS HB 1011, relating to appropriations, was taken up by Representative
Troupe.
On motion of Representative Troupe, HCS HB 1011 was read the third time and
passed by the following vote:
AYES: 145
Akin Alter Auer Backer Ballard
Barnett 4 Barry Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Garnett
Gaskill Gibbons Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hand
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hendrickson
Hickey Hoppe Hosmer Howerton Jacob
Kauffman Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Levin
Liese Linton Lograsso Long Luetkenhaus
Lumpe Marble Marshall 26 May 108 Mays 50
McBride McClelland McLuckie Mitchell Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Neill O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Scott Sears 1 Secrest Shear 83 Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Steen Stoll Summers Surface Tate
Thomason 163 Treadway Troupe Van Zandt Vogel
Wannenmacher Ward Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 006
Elliott Froelker Hohulin Keeven Loudon
Marshall 133
PRESENT: 000
ABSENT WITH LEAVE: 010
Copeland Goward Hall Hegeman Kasten
Legan O'Connor Ribaudo Stokan Thompson 37
VACANCY: 002
The Speaker declared the bill passed.
On motion of Representative Montgomery, title to the bill was agreed to.
Representative Morgan moved that the vote by which the bill passed be
reconsidered.
Representative Scheve moved that motion lay on the table.
The latter motion prevailed.
HCS HB 1012, relating to appropriations, was taken up by Representative Green.
On motion of Representative Green, HCS HB 1012 was read the third time and
passed by the following vote:
AYES: 120
Alter Auer Backer Ballard Barnett 4
Bennett 15 Bland Boucher Bray Broach
Brown Burton Carter Champion Childers
Chrismer Cooper Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Dougherty
Edwards-Pavia Farmer Farnen Fiebelman Fitzwater
Foley Ford Franklin Garnett Gibbons
Graham Gratz Green Griesheimer Gross
Gunn Hagan-Harrell Harlan Hartzler 123 Heckemeyer
Hickey Hoppe Hosmer Howerton Kauffman
Kelley 47 Kelly 27 Kissell Klumb Koller
Kreider Lakin Leake Legan Liese
Long Luetkenhaus Lumpe Marble Marshall 26
May 108 Mays 50 McClelland McLuckie Mitchell
Montgomery Morgan Murray 69 Murray 135 Naeger
Nordwald O'Neill O'Toole Ostmann Overschmidt
Pauley Pouche Prost Pryor Reynolds
Rizzo Robirds Ross Sallee Scheve
Schilling Schwab Scott Sears 1 Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Steen Stokan Stoll Summers
Tate Thomason 163 Thompson 37 Treadway Troupe
Van Zandt Vogel Wannenmacher Ward Whiteside
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 030
Akin Barry Bartelsmeyer Boatright Canuteson
Cierpiot Clayton Elliott Enz Evans
Foster Froelker Gaskill Hand Hartzler 124
Hendrickson Hohulin Keeven Levin Linton
Lograsso Loudon Marshall 133 Murphy Oetting
Richardson Ridgeway Secrest Surface Wieland
PRESENT: 001
Bonner
ABSENT WITH LEAVE: 010
Copeland Goward Hall Hegeman Jacob
Kasten McBride O'Connor Ribaudo Wiggins
VACANCY: 002
The Speaker declared the bill passed.
On motion of Representative Schilling, title to the bill was agreed to.
Representative Tate moved that the vote by which the bill passed be
reconsidered.
Representative Skaggs moved that motion lay on the table.
The latter motion prevailed.
PERFECTION OF HOUSE BILL
HCS HBs 1169 and 1271 with HS, as amended, pending, relating to zero
tolerance, was again taken up by Representative Williams (121).
Representative Gratz offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
40, Section 302.530, Line 3, by inserting immediately after said line the following:
"9. The director shall not allow or issue any public access, other than law enforcement, to
any records of a first conviction of driving with a positive blood alcohol content as defined
in section 577.012 by drivers less than twenty-one years of age."
Representative Gratz moved that House Amendment No. 7 be adopted.
Which motion was defeated.
Representative Crum (112) offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
43, Section 577.012, Line 17, by inserting immediately after said line the following:
577.020. 1. Any person who operates a motor vehicle upon the public highways of this state
shall be deemed to have given consent to, subject to the provisions of sections 577.020 to
577.041, a chemical test or tests of [his] the person's breath, blood, saliva or urine for the
purpose of determining the alcohol or drug content of [his] the person's blood if arrested for
any offense arising out of acts which the arresting officer had reasonable grounds to believe
were committed while the person was driving a motor vehicle while in an intoxicated or drugged
condition. The test shall be administered at the direction of the arresting law enforcement
officer whenever the person has been arrested for the offense.
2. The implied consent to submit to the chemical tests listed in subsection 1 of this section
shall be limited to not more than two such tests arising from the same arrest, incident or
charge.
3. Chemical analysis of the person's breath, blood, saliva, or urine to be considered valid
[under] pursuant to the provisions of sections 577.020 to 577.041 shall be performed according
to methods approved by the state department of health by licensed medical personnel or by a
person possessing a valid permit issued by the state department of health for this purpose.
4. The state department of health shall approve satisfactory techniques, devices, equipment,
or methods to be considered valid [under] pursuant to the provisions of sections 577.020 to
577.041 and shall establish standards to ascertain the qualifications and competence of
individuals to conduct analyses and to issue permits which shall be subject to termination or
revocation by the state department of health.
5. The person tested may have a physician, or a qualified technician, chemist, registered
nurse, or other qualified person [of his own choosing and at his expense] at the choosing and
expense of the person to be tested, administer a test in addition to any administered at the
direction of a law enforcement officer. The failure or inability to obtain an additional test
by a person shall not preclude the admission of evidence relating to the test taken at the
direction of a law enforcement officer.
6. Upon the request of the person who is tested, full information concerning the test shall be
made available to him.
7. Any person given a chemical test of the person's breath pursuant to subsection 1 of this
section may be videotaped during such test at the direction of the arresting law enforcement
officer. Any such video recording made during the chemical test pursuant to this subsection
shall be admissible as evidence at either any trial of such person for either a violation of
any state law or county or municipal ordinance, or any license revocation or suspension
proceeding pursuant to the provisions of chapter 302, RSMo.".
Further amend title and enacting clause accordingly.
On motion of Representative Crum (112), House Amendment No. 8 was adopted.
Representative Boucher offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
46, Section 577.039, Line 15, by inserting immediately before the word "An" the following:
"1."; and
Further amend said bill, Page 47, Section 577.039, Line 1, by inserting immediately after said
line the following:
"2. When a person is taken into custody by a law enforcement officer with or without a warrant
for an offense in violation of any alcohol-related statute or ordinance the person shall be
advised of the following prior to questioning:
(1) That the person has the right to remain silent; and
(2) That any statement the person does make to anyone can be and may be used against the
person; and
(3) That the person has a right to have an attorney present during questioning; and
(4) That the person has a right to consult with an attorney and that one will be appointed and
paid for if such person cannot afford one.".
Representative Boucher moved that House Amendment No. 9 be adopted.
Which motion was defeated by the following vote:
AYES: 063
Backer Barry Bland Boucher Bray
Canuteson Champion Clayton Crum 112 Crump 152
Daniel 42 Davis Days Dougherty Farmer
Fitzwater Foley Franklin Green Gunn
Hagan-Harrell Harlan Heckemeyer Hickey Hoppe
Hosmer Jacob Kauffman Kelly 27 Lakin
Lumpe Marshall 26 May 108 Mays 50 McBride
McLuckie Montgomery Morgan Murphy Murray 69
O'Neill O'Toole Reynolds Rizzo Scheve
Schilling Sears 1 Shear 83 Sheldon 104 Shelton 57
Skaggs Smith Stokan Summers Tate
Thomason 163 Thompson 37 Treadway Van Zandt Wiggins
Williams 121 Williams 159 Witt
NOES: 085
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Bonner Broach Brown
Burton Carter Childers Chrismer Cierpiot
Cooper Daniels 41 Donovan Edwards-Pavia Elliott
Enz Evans Farnen Fiebelman Foster
Froelker Garnett Gaskill Gibbons Graham
Gratz Griesheimer Gross Hand Hartzler 123
Hartzler 124 Hendrickson Hohulin Howerton Kasten
Keeven Kelley 47 Kissell Koller Kreider
Leake Legan Levin Liese Linton
Lograsso Long Loudon Luetkenhaus Marble
Marshall 133 McClelland Mitchell Murray 135 Naeger
Nordwald Oetting Ostmann Overschmidt Pauley
Pouche Pryor Richardson Robirds Ross
Sallee Schwab Scott Secrest Shields
Sombart Steen Stoll Surface Vogel
Wannenmacher Whiteside Wieland Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 013
Auer Copeland Ford Goward Hall
Hegeman Klumb O'Connor Prost Ribaudo
Ridgeway Troupe Ward
VACANCY: 002
Representative Jacob offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
28, Section 302.309, Line 14, by deleting the following: "for the first time" and inserting in
lieu thereof the following: "[for the first time]"; and
Further amend said bill, Page 28, Section 302.309, Line 19, by deleting the following: "[(g)]
(7)" and inserting in lieu thereof the following: "[(g)"; and
Further amend said bill, Page 28, Section 302.309, Line 22, by deleting the following: "[(h)]
(8)" and inserting in lieu thereof the following: "(h)] (7)"; and
Further amend said bill, Page 29, Section 302.309, Line 10, by deleting the following: "[(i)]
(9)" and inserting in lieu thereof the following: "[(i)] (8)".
Representative Jacob moved that House Amendment No. 10 be adopted.
Which motion was defeated by the following vote:
AYES: 035
Auer Backer Bland Bray Carter
Clayton Crum 112 Crump 152 Daniels 41 Days
Farmer Farnen Gibbons Gratz Green
Griesheimer Jacob Klumb Kreider Leake
Lumpe Marshall 133 Mays 50 Morgan Reynolds
Scheve Schilling Shear 83 Shelton 57 Tate
Van Zandt Wiggins Williams 159 Witt Mr. Speaker
NOES: 103
Akin Alter Ballard Barnett 4 Barry
Bartelsmeyer Bennett 15 Boatright Bonner Boucher
Broach Brown Burton Canuteson Champion
Childers Chrismer Cierpiot Cooper Dougherty
Edwards-Pavia Elliott Enz Evans Fiebelman
Fitzwater Foley Foster Franklin Froelker
Garnett Gaskill Graham Gross Gunn
Hagan-Harrell Hand Hartzler 123 Hartzler 124 Heckemeyer
Hendrickson Hohulin Hoppe Hosmer Kasten
Kauffman Keeven Kelley 47 Kissell Koller
Lakin Legan Levin Liese Linton
Lograsso Long Loudon Luetkenhaus Marble
Marshall 26 May 108 McClelland McLuckie Mitchell
Montgomery Murphy Murray 69 Murray 135 Naeger
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Pryor Richardson Rizzo Robirds
Ross Sallee Schwab Scott Sears 1
Secrest Sheldon 104 Shields Smith Sombart
Steen Stokan Stoll Summers Surface
Thomason 163 Treadway Vogel Wannenmacher Whiteside
Wieland Williams 121 Wooten
PRESENT: 000
ABSENT WITH LEAVE: 023
Copeland Daniel 42 Davis Donovan Ford
Goward Hall Harlan Hegeman Hickey
Howerton Kelly 27 McBride Nordwald O'Connor
O'Neill Prost Ribaudo Ridgeway Skaggs
Thompson 37 Troupe Ward
VACANCY: 002
HCS HBs 1169 and 1271, with HS, as amended, pending, was laid over.
On motion of Representative Backer, the House recessed until 2:00 p.m.
AFTERNOON SESSION
The hour of recess having expired, the House was called to order by the
Speaker.
The Speaker appointed the following to act as Honorary Pages for the Day to
serve without compensation: Stevie Womach and Skylar Womach.
RESOLUTIONS
Representative Troupe offered House Resolution No. 503, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative McClelland, et al, offered House Resolution No. 504, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Richardson offered House Resolution No. 505, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Richardson offered House Resolution No. 506, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representatives Clayton and Leake offered House Resolution No. 507, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
HOUSE CONCURRENT RESOLUTION
Representative Foster offered House Concurrent Resolution No. 12.
COMMITTEE REPORTS
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which
was referred House Resolution Nos. 460, 461, 462, 463, 464, 465, 466, 467,
468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482,
483, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497, 498,
499, 500, 501 and 502, begs leave to report it has examined the same and
recommends that they Do Pass.
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 HS HCS HB 980, HCS HB 945 and HB 782, begs
leave to report it has examined the same and finds them to be truly perfected
and that the printed copies thereof furnished the members are correct.
Representative Backer suggested the absence of a quorum.
The following roll call indicated a quorum present:
AYES: 000
NOES: 000
PRESENT: 137
Akin Alter Backer Ballard Barnett 4
Barry Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Broach Brown Burton
Canuteson Carter Champion Childers Clayton
Cooper Crum 112 Crump 152 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fitzwater
Ford Foster Franklin Froelker Garnett
Gaskill Gibbons Graham Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hall
Hand Hartzler 123 Hartzler 124 Heckemeyer Hendrickson
Hohulin Hoppe Hosmer Howerton Kasten
Kauffman Keeven Kelley 47 Kelly 27 Kissell
Klumb Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Mitchell Montgomery Morgan Murray 69 Naeger
Nordwald O'Connor O'Neill O'Toole Oetting
Overschmidt Pauley Pouche Prost Pryor
Reynolds Richardson Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Wiggins Williams 121 Williams 159
Wooten Mr. Speaker
ABSENT WITH LEAVE: 024
Auer Bray Chrismer Cierpiot Copeland
Daniel 42 Fiebelman Foley Goward Harlan
Hegeman Hickey Jacob Koller Long
Murphy Murray 135 Ostmann Ribaudo Ridgeway
Skaggs Thompson 37 Ward Witt
VACANCY: 002
PERFECTION OF HOUSE BILLS
HCS HBs 1169 and 1271, with HS, as amended, pending, relating to zero
tolerance, was again taken up by Representative Williams (121).
Representative Griesheimer offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
1, In the Title, Lines 3 and 4, by deleting said lines and inserting in lieu thereof the
following: "302.309, 302.500, 302.505, 302.510, 302.520, 302.530, 302.541, 311.310, 311.325,
312.407, 577.012"; and
Further amend said bill, Page 1, In the Title, Line 9, by deleting the word "twenty-one" and
inserting in lieu thereof the word "twenty-two"; and
Further amend said bill, Page 1, Section A, Lines 1 and 2, by deleting said lines and
inserting in lieu thereof the following: "Section A. Sections 43.506, 82.1000, 302.060,
302.309, 302.500, 302.505, 302.510, 302.520, 302.530, 302.541, 311.310, 311.325,"; and
Further amend said bill, Page 1, Section A, Line 5, by deleting the word "twenty-one" and
inserting in lieu thereof the word "twenty-two"; and
Further amend said bill, Page 2, Section A, Line 1, by deleting the following: "302.541,
311.325" and inserting in lieu thereof the following: "302.541, 311.310, 311.325"; and
Further amend said bill, Page 41, Section 302.541, Line 4, by inserting immediately after said
line the following:
"311.310. Any licensee [under] pursuant to this chapter, or [his] the licensee's employee, who
shall sell, vend, give away or otherwise supply any intoxicating liquor in any quantity
whatsoever to any person under the age of twenty-one years, or to any person intoxicated or
appearing to be in a state of intoxication, or to a habitual drunkard, and any person
whomsoever except [his] the person's parent or guardian who shall knowingly procure for, sell,
give away or otherwise supply intoxicating liquor to any person under the age of twenty-one
years, or to any intoxicated person or any person appearing to be in a state of intoxication,
or to a habitual drunkard, shall be deemed guilty of a class A misdemeanor, except that this
section shall not apply to the supplying of intoxicating liquor to a person under the age of
twenty-one years for medical purposes only, or to the administering of such intoxicating
liquor to any person by a duly licensed physician. No person shall be denied a license or
renewal of a license issued [under] pursuant to this chapter solely due to a conviction for
unlawful sale or supply to a minor when serving in the capacity as an employee of a licensed
establishment.".
On motion of Representative Griesheimer, House Amendment No. 11 was adopted.
Representative Reynolds offered House Amendment No. 12.
House Amendment No. 12
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
1, In the Title, Lines 3 through 5, by deleting said lines and inserting in lieu thereof the
following: "302.309, 302.505, 302.510, 302.520, 302.530, 302.541, 311.325, 312.407, 577.012,
577.021 and 577.039, RSMo 1994, and"; and
Further amend said bill, Page 1, In the Title, Line 9, by deleting the word "twenty-one" and
inserting in lieu thereof the word "nineteen"; and
Further amend said bill, Page 1, Section A, Lines 2 and 3, by deleting said lines and
inserting in lieu thereof the following: "302.505, 302.510, 302.520, 302.530, 302.541,
311.325, 312.407, 577.012, 577.021 and 577.039, RSMo 1994, and"; and
Further amend said bill, Page 1, Section A, Line 5, by deleting the word "twenty-one" and
inserting in lieu thereof the word "nineteen"; and
Further amend said bill, Page 1, Section A, Line 7, by deleting the following: "302.500,"; and
Further amend said bill, Page 2, Section A, Line 2, by deleting the following: "577.037,"; and
Further amend said bill, Page 19, Section 302.302, Line 11, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 19, Section 302.302, Line 12, by deleting "or, where the";
and
Further amend said bill, Page 19, Section 302.302, Lines 13 through 15, by deleting all of
said lines; and
Further amend said bill, Page 19, Section 302.302, Line 20, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Pages 19 and 20, Section 302.302, Lines 21 and 22, by deleting the
following: "or, where the person is less than twenty-one years of age, for the first
conviction of driving with"; and
Further amend said bill, Page 20, Section 302.302, Lines 1 and 2, by deleting the following:
"a positive blood alcohol content, as defined in section 577.012, RSMo,"; and
Further amend said bill, Page 20, Section 302.302, Line 4, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 20, Section 302.302, Lines 5 through 7, by deleting all of said
lines; and
Further amend said bill, Page 20, Section 302.302, Line 8, by deleting the following:
"section 577.012, RSMo,"; and
Further amend said bill, Page 20, Section 302.302, Line 13, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 20, Section 302.302, Line 14, by deleting the following: "or,
where the person is less than"; and
Further amend said bill, Page 20, Section 302.302, Lines 15 through 17, by deleting all of
said lines; and
Further amend said bill, Pages 32 and 33, Section 302.500, Line 11 on Page 32 through Line 19
on Page 33, by deleting all of said lines; and
Further amend said bill, Page 34, Section 302.505, Line 2, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 34, Section 302.505, Line 4, by deleting the following: ", or
where such person" and inserting in lieu thereof a period "."; and
Further amend said bill, Page 34, Section 302.505, Lines 5 through 7, by deleting all of said
lines; and
Further amend said bill, Page 35, Section 302.510, Line 5, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 35, Section 302.510, Line 6, by deleting the following: "or
where the person was at the time of the arrest less"; and
Further amend said bill, Page 35, Section 302.510, Lines 7 and 8, by deleting all of said
lines; and
Further amend said bill, Page 36, Section 302.520, Line 10, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 36, Section 302.520, Line 11, by deleting the following: "or
where such person is"; and
Further amend said bill, Page 36, Section 302.520, Lines 12 and 13, by deleting all of said
lines; and
Further amend said bill, Page 36, Section 302.520, Line 14, by deleting the word "blood"; and
Further amend said bill, Page 40, Section 302.541, Line 12, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 40, Section 302.541, Lines 13 and 14, by deleting all of said
lines; and
Further amend said bill, Page 40, Section 302.541, Line 15, by deleting the following:
"amount of alcohol in the person's blood"; and
Further amend said bill, Page 40, Section 302.541, Lines 21 and 22, by deleting all of said
lines and inserting in lieu thereof the following: "such person was driving a motor vehicle
with a blood alcohol content of two-hundredths of one percent or more by weight is exempt
from"; and
Further amend said bill, Page 42, Section 577.012, Line 15, by deleting "ten-hundredths" and
inserting in lieu thereof the following: "[ten-hundredths] two-hundredths"; and
Further amend said bill, Page 42, Section 577.012, Lines 17 through 21, by deleting all of
said lines; and
Further amend said bill, Page 42, Section 577.012, Line 22, by deleting "3." and inserting
"2." in lieu thereof; and
Further amend said bill, Page 43, Section 577.012, Lines 7 through 10, by deleting all of said
lines; and
Further amend said bill, Page 43, Section 577.012, Line 11, by deleting the following: "[3.]
4." and inserting in lieu thereof the following: "3."; and
Further amend said bill, Page 43, Section 577.012, Lines 13 through 17, by deleting all of
said lines; and
Further amend said bill, Pages 44 through 46, Section 577.037, Line 5 on Page 44 through Line
14 on Page 46, by deleting all of said section 577.037; and
Further amend said bill, Page 48, Section 577.614, Lines 7 through 10, by deleting all of said
lines and inserting in lieu thereof the following: "an administrative order, involved driving
a motor vehicle with a blood alcohol content of two-hundredths of one percent or more by
weight shall have all".
Representative Reynolds moved that House Amendment No. 12 be adopted.
Which motion was defeated.
Representative Green offered House Amendment No. 13.
House Amendment No. 13
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 and 1271, Page
33, Section 302.312, Lines 5 through 6, by deleting the word "two-hundredths" and inserting in
lieu thereof the word "four-hundredths"; and
Further amend said bill, Page 43, Section 577.012, Line 9, by deleting the word "two-
hundredths" and inserting in lieu thereof the word "four-hundredths".
Representative Shields offered House Substitute Amendment No. 1 for House
Amendment No. 13.
House Substitute Amendment No. 1 for House Amendment No. 13 was withdrawn.
Representative Green moved that House Amendment No. 13 be adopted.
Which motion was defeated by the following vote:
AYES: 023
Auer Bonner Clayton Davis Donovan
Farmer Garnett Gratz Green Griesheimer
Heckemeyer Hickey Mays 50 Murray 69 O'Connor
O'Neill Overschmidt Reynolds Shelton 57 Treadway
Wiggins Williams 159 Witt
NOES: 119
Akin Alter Backer Ballard Barnett 4
Barry Bartelsmeyer Bennett 15 Bland Boatright
Boucher Bray Broach Burton Canuteson
Carter Champion Childers Chrismer Cierpiot
Cooper Crum 112 Days Dougherty Edwards-Pavia
Elliott Enz Evans Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Gaskill Gibbons Graham Gross
Gunn Hagan-Harrell Hall Hand Hartzler 123
Hartzler 124 Hendrickson Hohulin Hoppe Hosmer
Howerton Kasten Kauffman Keeven Kissell
Klumb Kreider Lakin Legan Levin
Liese Linton Long Loudon Luetkenhaus
Lumpe Marble Marshall 26 May 108 McBride
McClelland Mitchell Montgomery Morgan Murphy
Murray 135 Naeger Nordwald O'Toole Oetting
Ostmann Pauley Pouche Prost Pryor
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shields
Skaggs Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Troupe Van Zandt Vogel Wannenmacher Whiteside
Wieland Williams 121 Wooten Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 019
Brown Copeland Crump 152 Daniel 42 Daniels 41
Goward Harlan Hegeman Jacob Kelley 47
Kelly 27 Koller Leake Lograsso Marshall 133
McLuckie Ribaudo Thompson 37 Ward
VACANCY: 002
Representative Hohulin offered House Amendment No. 14.
House Amendment No. 14
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1169 & 1271, Page
1, In the Title, Line 5 of said title, by inserting immediately after the number "577.021,"
the number "577.023,"; and
Further amend said bill, Page 1, In the Title, Line 9 of said title, by deleting the word
"twenty-one" and inserting in lieu thereof the word "twenty-two"; and
Further amend said bill, Page 1, Section A, Line 3 of said page, by inserting immediately
after the number "577.021," the number "577.023,"; and
Further amend said bill, Page 1, Section A, Line 5 of said page, by deleting the word "twenty-
one" and inserting in lieu thereof the word "twenty-two"; and
Further amend said bill, Page 1, Section A, Line 9 of said page, by inserting immediately
after the number "577.021," the number "577.023,"; and
Further amend said bill, Page 40, Section 577.021, Line 12 of said page, by inserting after
all of said line the following:
"577.023. 1. For purposes of this section, unless the context clearly indicates otherwise:
(1) An "intoxication-related traffic offense" is driving while intoxicated, driving with
excessive blood alcohol content, or driving under the influence of alcohol or drugs in
violation of state law or a county or municipal ordinance, where the judge in such case was an
attorney and the defendant was represented by or waived the right to an attorney in writing;
(2) A "persistent offender" is a person who has pleaded guilty to or has been found guilty of
two or more intoxication-related traffic offenses, where such two or more offenses occurred
within ten years of the occurrence of the intoxication-related traffic offense for which the
person is charged; and
(3) A "prior offender" is a person who has pleaded guilty to or has been found guilty of one
intoxication-related traffic offense, where such prior offense occurred within 12 months of
the occurrence of the intoxication-related traffic offense for which the person is charged.
2. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or
577.012 who is alleged and proved to be a prior offender shall be guilty of a class [A
misdemeanor] D felony.
3. Any person who pleads guilty to or is found guilty of a violation of section 577.010 or
577.012 who is alleged and proved to be a persistent offender shall be guilty of a class D
felony.
4. No court shall suspend the imposition of sentence as to a prior or persistent offender
under this section nor sentence such person to pay a fine in lieu of a term of imprisonment,
section 557.011, RSMo, to the contrary notwithstanding, nor shall such person be eligible for
parole or probation until he has served a minimum of forty-eight consecutive hours'
imprisonment, unless as a condition of such parole or probation such person performs at least
ten days of community service under the supervision of the court in those jurisdictions which
have a recognized program for community service.
5. The court shall find the defendant to be a prior offender or persistent offender, if:
(1) The indictment or information, original or amended, or the information in lieu of an
indictment pleads all essential facts warranting a finding that the defendant is a prior
offender or persistent offender; and
(2) Evidence is introduced that establishes sufficient facts pleaded to warrant a finding
beyond a reasonable doubt the defendant is a prior offender or persistent offender; and
(3) The court makes findings of fact that warrant a finding beyond a reasonable doubt by the
court that the defendant is a prior offender or persistent offender.
6. In a jury trial, the facts shall be pleaded, established and found prior to submission to
the jury outside of its hearing.
7. In a trial without a jury or upon a plea of guilty, the court may defer the proof in
findings of such facts to a later time, but prior to sentencing.
8. The defendant shall be accorded full rights of confrontation and cross-examination, with
the opportunity to present evidence, at such hearings.
9. The defendant may waive proof of the facts alleged.
10. Nothing in this section shall prevent the use of presentence investigations or
commitments.
11. At the sentencing hearing both the state and the defendant shall be permitted to present
additional information bearing on the issue of sentence.
12. The pleas or findings of guilty shall be prior to the date of commission of the present
offense.
13. The court shall not instruct the jury as to the range of punishment or allow the jury,
upon a finding of guilty, to assess and declare the punishment as part of its verdict in cases
of prior offenders or persistent offenders.
14. Evidence of prior convictions shall be heard and determined by the trial court out of the
hearing of the jury prior to the submission of the case to the jury, and shall include but not
be limited to evidence of convictions received by a search of the records of the Missouri
uniform law enforcement system maintained by the Missouri state highway patrol. After hearing
the evidence, the court shall enter its findings thereon. A conviction of a violation of a
municipal or county ordinance in a county or municipal court for driving while intoxicated or
a conviction or a plea of guilty or a finding of guilty followed by a suspended imposition of
sentence, suspended execution of sentence, probation or parole or any combination thereof in a
state court shall be treated as a prior conviction.".
On motion of Representative Hohulin, House Amendment No. 14 was adopted.
On motion of Representative Williams (121), HS HCS HBs 1169 and 1271, as
amended, was adopted.
On motion of Representative Williams (121), HS HCS HBs 1169 and 1271, as
amended, was ordered perfected and printed.
HCS HB 1099, relating to commercial feed law, was taken up by Representative
Williams (159).
Representative Williams (159) offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for House Bill No. 1099, Page 2, Section 266.160, Line 41, by
inserting immediately after the word "feed" and before the semicolon " ; " the following:
"except that a veterinarian actively treating an identified animal is not an independent
consultant".
On motion of Representative Williams (159), House Amendment No. 1 was adopted.
On motion of Representative Williams (159), HCS HB 1099, as amended, was
adopted.
On motion of Representative Williams (159), HCS HB 1099, as amended, was
ordered perfected and printed.
HCS HBs 1301 and 1298, relating to school safety, was taken up by
Representative McLuckie.
Representative McLuckie offered HS HCS HBs 1301 and 1298.
Representative Franklin offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298,
Pages 23 and 24, Section 167.171, Line 4 from the top of page 23 through line 3 from the top
of page 24, by deleting all of said lines; and
Further amend said bill, Pages 30 and 31, Section 5, Line 21 from the top of page 30 through
line 13 from the top of page 31, by deleting all of said lines and inserting in lieu thereof
the following:
"Section 5. Any suspension issued pursuant to section 167.161, RSMo, or this section, or
expulsion pursuant to section 167.161, RSMo, shall not relieve the state or the suspended
student's parents or guardians of their respective responsibilities to educate the student.
School districts are encouraged to provide an in-school suspension system and to search for
other acceptable discipline alternatives prior to utilizing long-term (more than ten days)
suspensions or expelling a student from the school.".
On motion of Representative Franklin, House Amendment No. 1 was adopted by the
following vote:
AYES: 133
Akin Alter Auer Backer Ballard
Barnett 4 Barry Bartelsmeyer Bennett 15 Boatright
Bonner Bray Broach Brown Burton
Canuteson Champion Childers Chrismer Cierpiot
Clayton Cooper Crum 112 Crump 152 Daniels 41
Davis Donovan Edwards-Pavia Elliott Enz
Evans Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Froelker Garnett
Gaskill Gibbons Graham Gratz Griesheimer
Gross Hagan-Harrell Hall Hand Hartzler 123
Hartzler 124 Heckemeyer Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Kasten Kauffman
Keeven Kelley 47 Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 Mays 50
McBride McClelland Mitchell Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Neill O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schwab Scott Sears 1
Secrest Shear 83 Sheldon 104 Shelton 57 Shields
Skaggs Sombart Steen Stokan Stoll
Summers Surface Tate Thomason 163 Treadway
Van Zandt Vogel Wannenmacher Whiteside Wieland
Wiggins Williams 159 Wooten
NOES: 018
Bland Carter Daniel 42 Days Dougherty
Farmer Gunn Kelly 27 May 108 McLuckie
Reynolds Schilling Smith Thompson 37 Troupe
Williams 121 Witt Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 010
Boucher Copeland Goward Green Harlan
Hegeman Jacob Loudon Ribaudo Ward
VACANCY: 002
Representative Hall offered House Amendment No. 2.
House Amendment No. 2 was withdrawn.
Representative Cooper offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1301 & 1298, Page
18, Section 167.161, Line 3, by inserting after all of said line the following:
"3. The school board shall make a good-faith effort to have the parents or others having
custodial care present at any such hearing.".
On motion of Representative Cooper, House Amendment No. 2 was adopted.
Representative Bennett offered House Amendment No. 3.
House Amendment No. 3 was withdrawn.
Representative Donovan offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bills No. 1301 and 1298, Page
32, Section 6, Line 19, by inserting immediately after said line the following:
"(6) Annually, school districts must report to the department of elementary and secondary
education the names and addresses of all students who have demonstrated disruptive behavior
and who could not participate in in-school alternative programs and therefore were suspended
out-of-school because of a lack of availability of alternative in-school suspension programs.
Based on this annual data, future funding needs shall be determined."
Representative Witt assumed the Chair.
On motion of Representative Donovan, House Amendment No. 3 was adopted.
Representative Gratz offered House Amendment No. 4.
Representative Smith raised a point of order that House Amendment No. 4 is not
germane to the bill.
The Parliamentary Committee ruled the point of order well taken.
Representative Bennett offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1301 & 1298, Page
1, In the Title, Line 5 of said title, by deleting the word "fourteen" and inserting in lieu
thereof the word "fifteen"; and
Further amend said bill, Page 1, Section A, Line 3 of said page, by deleting the word
"fourteen" and inserting in lieu thereof the word "fifteen"; and
Further amend said bill, Page 1, Section A, Line 5 of said page, by deleting the word and
figures "7 and 8" and inserting in lieu thereof the following: "7, 8 and 9"; and
Further amend said bill, Page 34, Section 8, Line 10 of said page, by inserting after all of
said line the following:
"Section 9. 1. No person shall bring onto, or possess on the property of any public or private
school, or on any school bus used to transport students to or from any public or private
school, any of the following weapons as defined in section 571.010, RSMo, without the
permission of the principal or chief administrative officer of such school:
(a) A blackjack;
(b) An explosive weapon;
(c) A firearm, loaded or unloaded, in a functioning or nonfunctioning state;
(d) A firearm silencer;
(e) A gas gun;
(f) A knife, but not including any ordinary pocket knife with no blade more than four inches
in length;
(g) Knuckles;
(h) A projectile weapon; or
(i) A switchblade knife.
2. A violation of the provisions of subsection 1 of this section is a class D felony.
3. The provisions of subsection 1 of this section shall not apply to a firearm which is in a
motor vehicle under the control of a person who is at least twenty-one years of age.".
Representative Smith raised a point of order that House Amendment No. 4 is not
germane to the bill.
The Parliamentary Committee ruled the point of order not well taken.
Representative Loudon offered House Substitute Amendment No. 1 for House
Amendment No. 4.
House Substitute Amendment No. 1
for
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1301 & 1298, Page
1, In the Title, Line 5 of said title, by deleting the word "fourteen" and inserting in lieu
thereof the word "fifteen"; and
Further amend said bill, Page 1, Section A, Line 3 of said page, by deleting the word
"fourteen" and inserting in lieu thereof the word "fifteen"; and
Further amend said bill, Page 1, Section A, Line 5 of said page, by deleting the word and
figures "7 and 8" and inserting in lieu thereof the following: "7, 8 and 9"; and
Further amend said bill, Page 34, Section 8, Line 10 of said page, by inserting after all of
said line the following:
"Section 9. 1. No person shall bring onto, or possess on the property of any public [or
private] elementary or secondary school, or on any school bus used to transport students to or
from any public [or private] elementary or secondary school, any of the following weapons as
defined in section 571.010, RSMo, without the permission of the principal or chief
administrative officer of such school:
(a) A blackjack;
(b) An explosive weapon;
(c) A firearm, loaded or unloaded, in a functioning or nonfunctioning state;
(d) A firearm silencer;
(e) A gas gun;
(f) A knife, but not including any ordinary pocket knife with no blade more than four inches
in length;
(g) Knuckles;
(h) A projectile weapon; or
(i) A switchblade knife.
2. A violation of the provisions of subsection 1 of this section is a class D felony.
3. The provisions of subsection 1 of this section shall not apply to a firearm which is in a
motor vehicle under the control of a person who is at least twenty-one years of age.".
Representative Loudon moved that House Substitute Amendment No. 1 for House
Amendment No. 4 be adopted.
Which motion was defeated.
Representative Bennett moved that House Amendment No. 4 be adopted.
Which motion was defeated.
Representative Alter offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for House Bills Nos. 1301 and 1298, Page
33, Section 7, by deleting all of said section; and
Further amend said substitute by amending the title and enacting clause accordingly.
On motion of Representative Alter, House Amendment No. 5 was adopted.
On motion of Representative McLuckie, HS HCS HBs 1301 and 1298, as amended,
was adopted.
On motion of Representative McLuckie, HS HCS HBs 1301 and 1298, as amended,
was ordered perfected and printed.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SCS SJR 31, entitled:
Joint Resolution submitting to the qualified voters of Missouri, an amendment
repealing section 5 of article V of the Constitution of Missouri, relating to
the practice of law, and adopting one new section in lieu thereof relating to
the same subject.
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 SB 501, entitled:
An act to repeal section 105.955, RSMo 1994, relating to the Missouri ethics
commission, and to enact in lieu thereof one new section relating to the same
subject
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 SB 572, entitled:
An act to repeal sections 160.051, 160.053 and 171.031, RSMo 1994, relating to
public schools, and to enact in lieu thereof two new sections relating to the
same subject.
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 SB 643, entitled:
An act to create chapter 617, RSMo, relating to the creation of a department
of aging, by enacting six new sections, with a contingent effective date.
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 SB 683, entitled:
An act to repeal section 408.140, RSMo 1994, relating to financial
institutions, and to enact in lieu thereof one new section relating to the
same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SS SB 709, entitled:
An act to repeal sections 105.470, 105.483, 105.487, 105.959, 105,961,
130.031, 130.032 and 130.057, RSMo 1994, and sections 105.955 and 130.037,
RSMo Supp. 1995, relating to certain public officials, and to enact in lieu
thereof sixteen new sections relating to the same subject, with an emergency
clause.
Emergency Clause Adopted.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SB 773, entitled:
An act to repeal sections 36.030, 36.031, 36.040, 36.050, 36.100, 36.110,
36.120, 36.140, 36.170, 36.180, 36.190, 36.210, 36.240, 36.250, 36.260,
36.280, 36.300, 36.320, 36.330, 36.360, 36.390 and 36.510, RSMo 1994, and
section 36.020, RSMo Supp. 1995, relating to Missouri merit system and uniform
classification and pay system, and to enact in lieu thereof twenty-three new
sections relating to the same subject.
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 SB 837, entitled:
An act to repeal sections 2.080 and 2.091, RSMo 1994, relating to journals of
the senate and the house of representatives, and to enact in lieu thereof two
new sections relating to the same subject.
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 SB 527, entitled:
An act to repeal section 575.010, RSMo 1994, relating to offenses against the
administration of justice, and to enact three new sections relating to the
same subject, with penalty provisions.
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 SB 834, entitled:
An act to repeal sections 194.400 and 194.410, RSMo 1994, relating to unmarked
human burial sites, and to enact in lieu thereof two new sections relating to
the same subject, with penalty provisions.
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 #2 SB 860,
entitled:
An act to repeal sections 169.035, 169.050, 169.589 and 169.650, RSMo 1994,
and sections 169.030, 169.055, 169.056, 169.057, 169.075, 169.560, 169.620,
169.630, 169.655 and 169.660, RSMo Supp. 1995, relating to teacher and school
employee retirement systems, and to enact thirteen new sections relating to
the same subject, with an effective date for certain sections.
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 SB 930, entitled:
An act to repeal section 329.265, RSMo Supp. 1995, relating to cosmetology,
and to enact one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
COMMITTEE REPORTS
Committee on Transportation, Chairman Koller reporting:
Mr. Speaker: Your Committee on Transportation, to which was referred HCR 8,
begs leave to report it has examined the same and recommends that it Do Pass.
HOUSE CONCURRENT RESOLUTION NO. 8
WHEREAS, Burlington Northern Santa Fe Corporation (BNSF) has recently announced that it will
close three of its fourteen system locomotive maintenance shops as part of a streamlining
effort; and
WHEREAS, one of the maintenance shops scheduled to be shut down is the Springfield, Missouri,
shop, which employs some 237 workers; and
WHEREAS, the closing of BNSF's Springfield maintenance facility will result in the loss of
jobs and will have a substantially negative impact on the Springfield economy; and
WHEREAS, the safety and service records of the machinists, electricians, boilermakers,
laborers, sheet metal workers, car men, and supervisors at the Springfield maintenance shop
have been above the BNSF average:
NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of
the Eighty-eighth General Assembly, the Senate concurring therein, hereby oppose the scheduled
closing of the Springfield, Missouri, locomotive maintenance shop, and further call upon
Burlington Northern Santa Fe Corporation to strongly reconsider its decision to reduce the
Springfield facility to a locomotive service facility; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be
instructed to prepare properly inscribed copies of this resolution for Burlington Northern
Santa Fe Corporation and for Union Brotherhood of Maintenance of Way, Springfield, Missouri.
Committee on Workers Compensation and Employment Security, Chairman O'Neill
reporting:
Mr. Speaker: Your Committee on Workers Compensation and Employment Security,
to which was referred HB 1590, 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. 1590, Page 1, In the title, Line 3, by deleting the word and figures
"288.030 and 288.036" and inserting in lieu thereof the following: "288.030, 288.032, 288.036
and 288.114"; and
Further amend said bill, Page 1, In the title, Line 5, by deleting the word "twelve" and
inserting in lieu thereof the following: "thirteen"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word and figures "288.030
and 288.036" and inserting in lieu thereof the following: "288.030, 288.032, 288.036 and
288.114"; and
Further amend said bill, Page 1, Section A, Line 3, by deleting the word "twelve" and
inserting in lieu thereof the following: "thirteen"; and
Further amend said bill, Page 1, Section A, Line 3, by inserting after the figure "288.030,"
the following: "288.032,"; and
Further amend said bill, Page 4, Section 288.030, Line 99, by inserting after all of said line
the following:
"288.032. 1. After December 31, 1977, "employer" means:
(1) Any employing unit which in any calendar quarter in either the current or preceding
calendar year paid for service in employment wages of one thousand five hundred dollars or
more except that for the purposes of this definition, wages paid for "agricultural labor" as
defined in paragraph (a) of subdivision (1) of subsection 12 of section 288.034 and for
"domestic services" as defined in subdivisions (2) and (12) of subsection 12 of section
288.034 shall not be considered;
(2) Any employing unit which for some portion of a day in each of twenty different calendar
weeks, whether or not such weeks were consecutive, in either the current or the preceding
calendar year, had in employment at least one individual (irrespective of whether the same
individual was in employment in each such day); except that for the purposes of this
definition, services performed in "agricultural labor" as defined in paragraph (a) of
subdivision (1) of subsection 12 of section 288.034 and in "domestic services" as defined in
subdivisions (2) and (12) of subsection 12 of section 288.034 shall not be considered;
(3) Any governmental entity for which service in employment as defined in subsection 7 of
section 288.034 is performed;
(4) Any employing unit for which service in employment as defined in subsection 8 of section
288.034 is performed during the current or preceding calendar year;
(5) Any employing unit for which service in employment as defined in paragraph (b) of
subdivision (1) of subsection 12 of section 288.034 is performed during the current or
preceding calendar year;
(6) Any employing unit for which service in employment as defined in subsection 13 of section
288.034 is performed during the current or preceding calendar year;
(7) Any individual, type of organization or employing unit which has [acquired substantially
all of the business of an employer subject to this law] been determined to be a successor
pursuant to section 288.110;
(8) Any individual, type of organization or employing unit which has elected to become subject
to this law pursuant to subdivision (1) of subsection 3 of section 288.080;
(9) Any individual, type of organization or employing unit which, having become an employer,
has not [under] pursuant to section 288.080 ceased to be an employer;
(10) Any employing unit subject to the Federal Unemployment Tax Act or which, as a condition
for approval of this law for full tax credit against the tax imposed by the Federal
Unemployment Tax Act, is required, pursuant to such act, to be an employer [under] pursuant to
this law.
2. (1) Notwithstanding any other provisions of this law, any employer, individual,
organization, partnership, corporation, other legal entity or employing unit that meets the
definition of "lessor employing unit", as defined in subdivision (5) of this subsection, shall
be liable for contributions on wages paid by the lessor employing unit to individuals
performing services for client lessees of the lessor employing unit. Unless the lessor
employing unit has timely complied with the provisions of subdivision (3) of this subsection,
any employer, individual, organization, partnership, corporation, other legal entity or
employing unit which is leasing individuals from any lessor employing unit shall be jointly
and severally liable for any unpaid contributions, interest and penalties due [under] pursuant
to this law from any lessor employing unit attributable to wages for services performed for
the client lessee entity by individuals leased to the client lessee entity, and the lessor
employing unit shall keep separate records and submit separate quarterly contribution and wage
reports for each of its client lessee entities. Delinquent contributions, interest and
penalties shall be collected in accordance with the provisions of this chapter.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, any governmental
entity or nonprofit organization that meets the definition of "lessor employing unit", as
defined in subdivision (5) of this subsection, and has elected to become liable for payments
in lieu of contributions as provided in subsection 3 of section 288.090, shall pay the
division payments in lieu of contributions, interest, penalties and surcharges in accordance
with section 288.090 on benefits paid to individuals performing services for the client
lessees of the lessor employing unit. If the lessor employing unit has not timely complied
with the provisions of subdivision (3) of this subsection, any client lessees with services
attributable to and performed for the client lessees shall be jointly and severally liable for
any unpaid payments in lieu of contributions, interest, penalties and surcharges due [under]
pursuant to this law. The lessor employing unit shall keep separate records and submit
separate quarterly contribution and wage reports for each of its client lessees. Delinquent
payments in lieu of contributions, interest, penalties and surcharges shall be collected in
accordance with subsection 3 of section 288.090. The election to be liable for payments in
lieu of contributions made by a governmental entity or nonprofit organization meeting the
definition of "lessor employing unit", may be terminated by the division in accordance with
subsection 3 of section 288.090.
(3) In order to relieve a client lessees from joint and several liability and the separate
reporting requirements imposed [under] pursuant to this subsection, any lessor employing unit
may post and maintain a surety bond issued by a corporate surety authorized to do business in
Missouri in an amount equivalent to the contributions or payments in lieu of contributions for
which the lessor employing unit was liable in the last calendar year in which he or she
accrued contributions or payments in lieu of contributions, or one hundred thousand dollars,
whichever amount is the greater, to ensure prompt payment of contributions or payments in lieu
of contributions, interest, penalties and surcharges for which the lessor employing unit may
be, or becomes, liable [under] pursuant to this law. In lieu of a surety bond, the lessor
employing unit may deposit in a depository designated by the director, securities with
marketable value equivalent to the amount required for a surety bond. The securities so
deposited shall include authorization to the director to sell any securities in an amount
sufficient to pay any contributions or payments in lieu of contributions, interest, penalties
and surcharges which the lessor employing unit fails to promptly pay when due. In lieu of a
surety bond or securities as described in this subdivision, any lessor employing unit may
provide the director with an irrevocable letter of credit, as defined in section 400.5-103,
RSMo, issued by any state or federally chartered financial institution, in an amount
equivalent to the amount required for a surety bond as described in this subdivision. In lieu
of a surety bond, securities or an irrevocable letter of credit, a lessor employing unit may
obtain a certificate of deposit issued by any state or federally chartered financial
institution, in an amount equivalent to the amount required for a surety bond as described in
this subdivision. The certificate of deposit shall be pledged to the director until release by
the director. As used in this subdivision, the term "certificate of deposit" means a
certificate representing any deposit of funds in a state or federally chartered financial
institution for a specified period of time which earns interest at a fixed or variable rate,
where such funds cannot be withdrawn prior to a specified time without forfeiture of some or
all of the earned interest.
(4) Any lessor employing unit which is currently engaged in the business of leasing
individuals to client lessees shall comply with the provisions of subdivision (3) of this
subsection by September 28, 1992. Lessor employing units not currently engaged in the business
of leasing individuals to client lessees shall comply with subdivision (3) of this subsection
before entering into a written lease agreements with client lessees.
(5) As used in this subsection, the term "lessor employing unit" means an independently
established business entity, governmental entity as defined in subsection 1 of section 288.030
or nonprofit organization as defined in subsection 3 of section 288.090 which, pursuant to a
written lease agreement between the lessor employing unit and the client lessees, engages in
the business of providing individuals to any other employer, individual, organization,
partnership, corporation, other legal entity or employing unit referred to in this subsection
as a client lessee.
(6) The provisions of this subsection shall not be applicable to private employment agencies
who provide their employees to employers on a temporary help basis provided the private
employment agencies are liable as employers for the payment of contributions on wages paid to
temporary workers so employed.
3. After September 30, 1986, notwithstanding any provision of section 288.034, for the purpose
of this law, in no event shall a for-hire motor carrier as regulated by the Missouri division
of transportation or whose operations are confined to a commercial zone be determined to be
the employer of a lessor as defined in section 288.030 or of a driver receiving remuneration
from a lessor, provided, however, the term "for-hire motor carrier" shall in no event include
an organization described in section 501(c)(3) of the Internal Revenue Code or any
governmental entity.
4. The owner or operator of a beauty salon or similar establishment shall not be determined to
be the employer of a person who utilizes the facilities of the owner or operator but who
receives neither salary, wages or other compensation from the owner or operator and who pays
the owner or operator rent or other payments for the use of the facilities."; and
Further amend said bill, Page 14, Section 288.110, Line 39, by deleting the words and
subdivision indicator ":
(1) At" and inserting in lieu thereof the following: "at"; and
Further amend said bill, Page 14, Section 228.110, Line 42, by deleting the following: ";
(2)" and inserting in lieu thereof the following: "."; and
Further amend said bill, Page 14, Section 228.110, Line 47, by inserting after the word
"entity" the following: "of the predecessor,"; and
Further amend said bill, Page 14, Section 288.110, Line 48, by deleting the following: ";
(3) Ownership of the business entity is by an individual or individuals with the same interest
or interests"; and
Further amend said bill, Page 14, Section 228.110, Line 52, by deleting the words "regardless
of marital status,"; and
Further amend said bill, Page 14, Section 228.110, Line 52, by deleting the words "or
parents"; and
Further amend said bill, Page 14, Section 228.110, Line 65, by deleting the subsection
indicator "4."; and
Further amend said bill, Page 14, Section 228.110, Line 71, by deleting the subsection
indicator "5." and inserting in lieu thereof the following: "4."; and
Further amend said bill, Page 14, Section 228.110, Line 71, by deleting the words "or
successors stand" and inserting in lieu thereof the following: "stand"; and
Further amend said bill, Page 15, Section 228.110, Lines 76 through 88, by deleting all of
said lines and inserting in lieu thereof the following:
"5. If only a portion of any asset or liability activity of the predecessor is transferred,
the successor shall stand in the position of the predecessor and shall receive a proportionate
share of the predecessor's separate account, actual contribution and benefit experience and
annual payroll as determined by the portion of the predecessor's taxable payroll applicable to
the portion of the asset or liability or activity acquired. The predecessor shall remain fully
liable for its current or delinquent contributions or both, payments in lieu of contributions,
interest and penalties. The successor shall also be jointly and severally liable with the
predecessor for a proportionate share of the predecessor's current or delinquent contributions
or both, payments in lieu of contributions, interest and penalties of the predecessor in the
same proportionate share as provided for in this section."; and
Further amend said bill, Page 15, Section 228.110, Line 89, by deleting the subsection
indicator "7." and inserting in lieu thereof the following: "6."; and
Further amend said bill, Page 15, Section 288.113, Line 10, by inserting after all of said
line the following:
"[288.114. Effective September 30, 1995, any person who is defined as an
employer or employing unit pursuant to this chapter and chapter 287, RSMo, but
whose employees are not eligible for benefits under either or both chapters
shall not be required to pay any taxes otherwise imposed under those chapters
to the extent that the person's employees are not eligible for benefits.]".
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 782 - Budget (Fiscal Note)
HCS HB 945 - Budget (Fiscal Note)
INTRODUCTION OF HOUSE BILL
The following House Bill was read the first time and 1,000 copies ordered
printed:
HB 1629, introduced by Representatives Leake and Brown, et al, relating to air
conservation.
COMMITTEE CHANGES
Representative Barry appointed a member to the Education - Elementary and
Secondary Committee; Professional Registratiion and Licensing Committee; and
Public Health and Safety Committee.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m.,
Thursday, March 21, 1996.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Forty-First Day, Monday, March 18, 1996, page 2, by
inserting after Line 5 the following: "Representative Kauffman offered House
Resolution No. 483, which was referred to the Committee on Miscellaneous Bills
and Resolutions."
Correct House Journal, Forty-Second Day, Tuesday, March 19, 1996, pages 3 and
4, roll call, by showing Representative Howerton voting "aye" rather than
"absent with leave".
Pages 3 and 4, roll call, by showing Representative Murray (135) voting "aye"
rather than "absent with leave".
Pages 4 and 5, roll call, by showing Representative Richardson voting "aye"
rather than "absent with leave".
Page 5, roll call, by showing Representative Troupe voting "aye" rather than
"absent with leave".
Page 9, roll call, by showing Representative Montgomery voting "no" rather
than "absent with leave".
Page 9, roll call, by showing Representatives O'Toole and O'Neill voting "aye"
rather than "absent with leave".
Pages 11 and 12, roll call, by showing Representative Luetkenahaus voting
"present" rather than "absent with leave".
Pages 12 and 13, roll call, by showing Representative Hosmer voting "no"
rather than "absent with leave".
Pages 13 and 14, roll call, by showing Representative Kreider voting "no"
rather than "absent with leave".
Pages 15 and 16, roll call, by showing Representative Ballard voting "aye"
rather than "absent with leave".
Page 27, roll call, by showing Representative Stokan voting "no" rather than
"absent with leave".
Page 32, Line 13, by deleting the words " it Do Pass" and inserting in lieu
thereof the following "the House Committee Substitute Do Pass"
COMMITTEE MEETINGS
BUDGET
Thursday, March 21, 1996, 8:30 am. Hearing Room 9. Continuation of
hearings on appropriations bills. Possible markup and executive session.
CONSUMER PROTECTION
Thursday, March 21, 1996, 9:45 am. Side gallery. Executive session.
Forty-third Day-Wednesday, March 20, 1996
EDUCATION - ELEMENTARY AND SECONDARY
Thursday, March 21, 1996, 9:30 am. Side Gallery. (River Side) Executive
Session on Following Bills
To be considered - HB 1337, HB 1039, HB 808, HB 1542, HB 1209, HB 1462
ENERGY AND ENVIRONMENT
Thursday, March 21, 1996, 9:00 am. Hearing Room 8. Informational hearing
on Conoco propane storage caverns.
MISCELLANEOUS BILLS AND RESOLUTIONS
Thursday, March 21, 1996, 9:45 am. Side gallery. Executive session.
To be considered - HCR 9, SB 670
PROFESSIONAL REGISTRATION & LICENSING
Thursday, March 21, 1996, 9:00 am. Hearing Room 5. Executive session.
To be considered - HB 1585, SB 693
SOCIAL SERVICES, MEDICAID, AND THE ELDERLY
Thursday, March 21, 1996, 9:00 am. Room 110-B. Executive session.
URBAN AFFAIRS
Tuesday, March 26, 1996, 8:00 pm. Hearing Room 2. Executive session may
follow.
To be considered - HB 1525, SB 818
WORKERS COMPENSATION AND EMPLOYMENT SECURITY
Monday, March 25, 1996, 8:00 pm. Hearing Room 5
To be considered - SB 783, HB 1461
HOUSE CALENDAR
FORTY-FOURTH DAY, THURSDAY, MARCH 21, 1996
HOUSE BILL FOR SECOND READING
HB 1629
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 42 - Hosmer
HOUSE BILLS FOR PERFECTION
1 HCS HB 1172 - Jacob
2 HB 1243, HCA 1 - Farmer
3 HCS HB 1207, 1288, 1408 & 1409 - Tate
4 HB 985 - Franklin
5 HB 1368 - May (108)
6 HCS HB 1363 - Mays (50)
7 HB 1113 - Stoll
8 HB 811 - Smith
9 HB 962 - Lumpe
10 HB 1361, HCA 1, Gibbons - Treadway
11 HCS HB 1372 - Mays (50)
12 HCS HB 1174 & 1309 - May (108)
13 HCS HB 1159, 842 & 799 - Jacob
14 HB 908, HCA 1 Thomason (163) - Ross
15 HCS HB 1320, 981, 1042, 1109 & 1250 - O'Connor
16 HB 852, HCA 1 - Canuteson
17 HCS HB 999 - Treadway
18 HCS HB 1186 - Hoppe
19 HCS HB 1237 - Rizzo
20 HB 1241 - Witt
21 HCS HB 1185 - McClelland
22 HB 839 - Luetkenhaus
23 HB 1411 - Loudon
24 HCS HB 1149, 1150 & 1240 - Jacob
25 HCS HB 894 - Bray
26 HCS HB 1199, 1357 & 1393, Reynolds - Kissell
27 HB 1380 - Lumpe
28 HCS HB 1557 & 1489 - Days
29 HCS HB 987, 1155, 1158 & 1219 - Jacob
30 HCS HB 1403 - Dougherty
31 HB 1247 - Shelton (57)
32 HCS HB 1588 - Overschmidt
33 HB 944, HCA 1 - Smith
34 HB 1154 - Murray (69)
35 HCS HB 1540 - Green
36 HB 993 - Williams (121)
37 HB 854 - Bland
HOUSE BILLS FOR PERFECTION - INFORMAL
HB 1402 - Williams (121)
HB 832, as amended - Montgomery
HOUSE BILLS FOR PERFECTION - FEDERAL MANDATE
HB 976 - Thomason (163)
HCS HB 1376 & 1501 - Fitzwater
HOUSE BILLS FOR PERFECTION - CONSENT
(March 18, 1996)
1 HB 1260 - Lumpe
2 HB 1564 - O'Toole
3 HB 1504 - Schwab
4 HB 1044 - Montgomery
5 HB 1223 - Marshall (133)
6 HB 819 - Backer
7 HB 1286 - Pryor
(March 21, 1996)
8 HB 1544 - Richardson
9 HB 1466 - Rizzo
HOUSE BILLS FOR THIRD READING
HCS HB 800,812,817 & 821, (Budget Fiscal 3-4-96) - Hosmer
HB 1377, (Budget Fiscal 3-4-96) - Bland
HCS HB 1249, (Budget Fiscal 3-4-96) - O'Toole
HCS HB 945, (Budget Fiscal 3-20-96) - Smith
HB 782, (Budget Fiscal 3-20-96) - Stokan
HS HCS HB 980 - Farnen
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1295 - Gunn
2 HB 1101 - Franklin
3 HB 1171 - Tate
4 HB 1524 - Hosmer
5 HB 1362 - Evans
6 HB 1168 - Crum (112)
7 HB 956 - Van Zandt
8 HB 1117 - Green
9 HB 1523 - Linton
10 HB 1055 - Overschmidt
11 HB 1537 - Treadway
12 HB 1359 - Green
13 HB 1566 - Richardson
14 HB 1428 - Leake
15 HB 1473, E.C. - Shear (83)
16 HB 1110 - Treadway
17 HB 1076 - Childers
18 HB 1166 - McClelland
19 HB 1420 - Sears (1)
20 HB 1305 - Gratz
21 HB 1440 - Backer
22 HB 1315 - Schwab
23 HB 918 - Hosmer
24 HB 1477 - Farnen
25 HB 1131 - Kreider
26 HB 1369 - Thomason (163)
27 HB 1431 - Shields
28 HB 1304 - Hosmer
29 HB 1533 - Ostmann
SENATE JOINT RESOLUTION FOR SECOND READING
SCS SJR 31
SENATE BILLS FOR SECOND READING
1 SB 501
2 SB 572
3 SB 643
4 SB 683
5 SS SB 709
6 SB 773
7 SB 527
8 SB 834
9 SCS#2 SB 860
10 SB 930
SENATE BILLS FOR THIRD READING
SCS SB 735, HCA 1,E.C. - Liese
HCS SS SB 687, E.C. - Lumpe
HOUSE CONCURRENT RESOLUTIONS
HCR 6, (2-29-96 p. 17) - Thomason (163)
HCR 4, (2-29-96 pgs. 10 &11) - Scott
HOUSE RESOLUTIONS
HR 305, (2-29-96, p. 16) - Sombart
HR 353, (2-29-96, pgs. 16 & 17) - Vogel
HR 332, (2-29-96, pgs. 15 & 16) - Gratz & Vogel
HR 226, (3-7-96, pgs. 25 & 26) - Dougherty
COURTESY RESOLUTIONS
HR 460 - Enz
HR 461 - Enz
HR 462 - Loudon
HR 463 - Ridgeway
HR 464 - Ridgeway
HR 465 - O'Toole
HR 466 - Auer
HR 467 - Richardson
HR 468 - Scott
HR 469 - Clayton
HR 470 - Mays (50)
HR 471 - Kreider
HR 472 - Sears (1)
HR 473 - Hosmer
HR 474 - Backer
HR 475 - Marshall (26)
HR 476 - Marshall (26)
HR 477 - Backer
HR 478 - Backer
HR 479 - Fiebelman
HR 480 - Marshall (26)
HR 481 - Kauffman
HR 482 - Kauffman
HR 483 - Kauffman
HR 485 - Childers
HR 486 - Gratz
HR 487 - Boucher
HR 488 - Prost
HR 489 - Lumpe
HR 490 - Nordwald
HR 491 - Nordwald
HR 492 - Smith
HR 493 - Kelley (47)
HR 494 - Surface
HR 495 - Donovan
HR 496 - Thompson (37)
HR 497 - Gaw
HR 498 - Gaw
HR 499 - Gaw
HR 500 - Marshall (26)
HR 501 - Wannenmacher
HR 502 - Stoll
HR 503 - Troupe
HR 504 - McClelland
HR 505 - Steen
HR 506 - Richardson
HR 507 - Clayton