House Journal - May 17, 1996
House Journal
Second Regular Session, 88th General Assembly
SEVENTY-SEVENTH DAY, Friday, May 17, 1996
Speaker Pro Tem Daniels in the Chair.
Prayer by Father Hugh Behan.
"What thanks can we render?" (I Thess. 3:9)
Once again, we come to the end of the session of the 88th General Assembly, a first experience
for some, a day of old memories for many. We give thanks to our God for the guidance and grace
which was showered on us directly and mediated through so many sources - firstly our families
at home and our partners in business, then our hard-working office staff, the special House
clerical and floor staff, information and accounting, the post office, researchers, graphic
artists, and printers, maintenance and engineering, caterers, suppliers of information and
citizen input. We pay a special tribute to our departing Chief Clerk, Doug Burnett, who has
served this House in several capacities for twenty-six years. We say a fond farewell to those
of you who have decided to leave and those who will be asked to leave by the voters! That
brings us to our last point this morning gracious Lord, a fervent prayer that we would let our
integrity, our sense of fairness and trust and respect for the electorate and democratic
process be the guide of all of our campaign literature and speeches and of our staff. "What
does it profit if we gain the whole world and lose our souls." (Mk. 8:36). 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: Dale Herzing, Julie Herzing, Jessica Herzing,
Samantha Smith, Josh Baldridge, Kate Gruenwald, Paul Morris, Cullan Brian May,
Allison Elizabeth May, Roxanne Getty, Seldon Getty, Blake Gott, Jamie Bodine,
Eric Ling, Brittany Finney, Stephanie Garnett, Danny O'Neill, Meredith
Gibbons, Christina "Chrissy" Tripp, Amanda Duncan, Curtis Pemberton,Victoria
"Vicki" Long, Bryce Shields and Brandt Shields.
The Journal of the seventy-sixth day was approved as corrected.
RESOLUTIONS
Representative Wooten offered House Resolution No. 1386, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Chrismer offered House Resolution No. 1387, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Howerton offered House Resolution Nos. 1388 through 1390, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representatives Mays (50) and Monaco offered House Resolution No. 1391, which
was referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Brown offered House Resolution No. 1392, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Levin offered House Resolution No. 1393, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative McClelland offered House Resolution No. 1394, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Ostmann offered House Resolution No. 1395, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Daniels offered House Resolution Nos. 1396 and 1397, which were
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Overschmidt offered House Resolution No. 1398, which was
referred to the Committee on Miscellaneous Bills and Resolutions.
SUPPLEMENTAL CALENDAR
May 17, 1996
THIRD READING OF SENATE BILLS
HCS SCS SB 604, 666 & 816 - Treadway
HCS SB 836, E.C. - Leake
SCS SB 524, HCA 1 - Rizzo (E.C. - HCA 1 )
SB 842, HCA 1 - Green
HCS SS SB 709 - Witt
HCS SB 895 - Witt
HCS SB 804 - Harlan
SB 505 - Schilling
HCS SB 499 - Sheldon (104)
SB 565 - Lumpe
SB 492 - Hosmer
HCS SB 695 - Smith
SB 622 - Hoppe
SCS SB 642 & 819 - Pryor
SCS SB 726, HCA 1 - Thomason (163)
HCS SS SCS SB 510 - Burton
HCS SCS SB 514 - Marble
SCS SB 613 & 714 - Rizzo
HCS SCS SB 538 - Leake
COMMITTEE REPORT
Committee on Budget, Chairman Lumpe reporting:
Mr. Speaker: Your Committee on Budget, to which was referred HS HCS SS SS SB
488 (Fiscal Note), begs leave to report it has examined the same and
recommends that it Do Pass.
SENATE CONCURRENT RESOLUTIONS
SCR 28, relating to immigration and naturalizatioin service deportation
proceedings, was taken up by Representative Lumpe.
On motion of Representative Lumpe, SCR 28 was adopted.
SCR 29, relating to interim committees, was taken up by Representative
Luetkenhaus.
On motion of Representative Luetkenhaus, SCR 29 was adopted.
BILLS IN CONFERENCE
CCR SS #2 HB 809, as amended, relating to emergency personnel, was taken up by
Representative Shields.
On motion of Representative Shields, CCR SS #2 HB 809, as amended, was adopted
by the following vote:
AYES: 153
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Daniel 42 Daniels 41 Davis
Days Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelley 47 Kelly 27 Kissell Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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
Treadway Troupe Van Zandt Vogel Wannenmacher
Ward Whiteside Wieland Wiggins Williams 121
Williams 159 Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 009
Crump 152 Donovan Gunn Hand Hohulin
Klumb O'Neill Thompson 37 Witt
VACANCY: 001
On motion of Representative Shields, CCS SS#2 HB 809 was read the third time
and passed by the following vote:
AYES: 157
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Daniel 42 Daniels 41 Davis
Days Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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: 005
Crump 152 Donovan Gunn Hand O'Neill
VACANCY: 001
Speaker Pro Tem Daniels declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 144
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Donovan Dougherty Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Garnett
Gaskill Gibbons Goward Graham Griesheimer
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Kelley 47 Kelly 27 Kissell Koller Kreider
Lakin Leake Legan Levin Liese
Linton Long Luetkenhaus Lumpe Marble
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Ribaudo Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Stokan
Stoll Summers Surface Tate Thomason 163
Thompson 37 Treadway Troupe Van Zandt Vogel
Wannenmacher Ward Whiteside Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 013
Edwards-Pavia Froelker Gratz Green Gross
Hendrickson Keeven Lograsso Loudon Richardson
Ridgeway Steen Wieland
PRESENT: 000
ABSENT WITH LEAVE: 005
Days Gunn Hand Klumb O'Neill
VACANCY: 001
On motion of Representative Farmer, title to the bill was agreed to.
Representative Fitzwater moved that the vote by which the bill passed be
reconsidered.
Representative Bland moved that motion lay on the table.
The latter motion prevailed.
CCR HCS SB 572, as amended, relating to school enrollment, was taken up by
Representative Morgan.
On motion of Representative Morgan, CCR HCS SB 572, as amended, was adopted by
the following vote:
AYES: 154
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Donovan Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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 Summers Surface Tate
Thomason 163 Treadway Troupe Van Zandt Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 008
Days Dougherty Gunn Hand O'Neill
Stoll Thompson 37 Ward
VACANCY: 001
On motion of Representative Morgan, CCS HCS SB 572 was truly agreed to and
finally passed by the following vote:
AYES: 155
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Goward Graham Gratz Green Griesheimer
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hohulin Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelley 47 Kelly 27
Kissell Klumb Koller Kreider Lakin
Leake Legan Levin Liese Linton
Lograsso Long Loudon Luetkenhaus Lumpe
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Relford 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 Thomason 163 Treadway Troupe
Van Zandt Vogel Wannenmacher Whiteside Wieland
Wiggins Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Gunn Hand O'Neill Tate Thompson 37
Ward Witt
VACANCY: 001
Speaker Pro Tem Daniels declared the bill passed.
On motion of Representative Rizzo, title to the bill was agreed to.
Representative Reynolds moved that the vote by which the bill passed be
reconsidered.
Representative Relford moved that motion lay on the table.
The latter motion prevailed.
CCR #3 HCS HB 991, as amended, relating to motor carriers, was taken up by
Representative Koller.
On motion of Representative Koller, CCR #3 HCS HB 991, as amended, was adopted
by the following vote:
AYES: 137
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bennett 15 Bland Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Garnett Gaskill
Goward Graham Gratz Green Griesheimer
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hohulin Hoppe Hosmer Jacob Kasten
Kauffman Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Levin
Liese Linton Luetkenhaus Lumpe Marble
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McLuckie Monaco Montgomery Morgan Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Ostmann Overschmidt Pauley Pouche Prost
Relford Reynolds Ribaudo Ridgeway Rizzo
Robirds Ross Scheve Schilling Schwab
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Stokan Stoll
Summers Surface Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wiggins Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 020
Bartelsmeyer Boatright Evans Froelker Gibbons
Howerton Keeven Legan Lograsso Long
Loudon McClelland Murphy Oetting Pryor
Richardson Scott Sombart Steen Wieland
PRESENT: 000
ABSENT WITH LEAVE: 005
Gunn Hand O'Neill Sallee Ward
VACANCY: 001
On motion of Representative Koller, HCS HB 991, as amended by the CCR, was
read the third time and passed by the following vote:
AYES: 138
Alter Auer Backer Ballard Barnett 4
Barry 100 Bennett 15 Bland Bonner Boucher
Bray 84 Broach Brown Burton Canuteson
Carter Champion Childers Chrismer Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Froelker Garnett
Gaskill Gibbons Goward Graham Gratz
Green Griesheimer Gross Hagan-Harrell Hall
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Jacob Kasten Kauffman Kelley 47 Kelly 27
Kissell Klumb Koller Kreider Lakin
Leake Levin Liese Linton Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Pauley Pouche Prost Relford
Reynolds Ribaudo Rizzo Robirds Ross
Scheve Schilling Schwab Sears 1 Secrest
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Steen Stokan Stoll Summers
Surface Tate Thomason 163 Treadway Troupe
Van Zandt Vogel Wannenmacher Wiggins Williams 159
Witt Wooten Mr. Speaker
NOES: 016
Akin Bartelsmeyer Boatright Howerton Keeven
Legan Lograsso Long Loudon Oetting
Pryor Richardson Ridgeway Scott Sombart
Wieland
PRESENT: 000
ABSENT WITH LEAVE: 008
Gunn Hand O'Neill Sallee Thompson 37
Ward Whiteside Williams 121
VACANCY: 001
Speaker Pro Tem Daniels 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 O'Toole moved that motion lay on the table.
The latter motion prevailed.
HOUSE BILLS WITH SENATE AMENDMENTS
HJR 58, with Senate Amendment No. 1 to Senate Committee Amendment No. 1 and
Senate Committee Amendment No. 1, as amended, relating to budget stablization,
was taken up by Representative Lumpe.
On the motion of Representative Lumpe, the House concurred in Senate Amendment
No. 1 to Senate Committee Amendment No. 1 and Senate Committee Amendment No.
1, as amended, by the following vote:
AYES: 155
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Goward
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelley 47 Kelly 27 Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Davis Gunn Hand Loudon O'Neill
Thompson 37 Ward
VACANCY: 001
On motion of Representative Lumpe, HJR 58, as amended, was truly agreed to and
finally passed by the following vote:
AYES: 151
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelley 47 Kelly 27 Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Long Loudon Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Reynolds Ribaudo Richardson Ridgeway Rizzo
Robirds 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 Whiteside Wieland
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 011
Auer Crump 152 Gunn Hand Hohulin
Lograsso O'Neill Pryor Relford Ross
Ward
VACANCY: 001
Speaker Pro Tem Daniels declared the bill passed.
On motion of Representative Bray, title to the bill was agreed to.
Representative Barry moved that the vote by which the bill passed be
reconsidered.
Representative Auer moved that motion lay on the table.
The latter motion prevailed.
SS# 4 SS SS SCS HS HCS HBs 1320, 981, 1042, 1109 and 1250, relating to
abortion, was taken up by Representative O'Connor.
The Speaker assumed the Chair.
On motion of Representative O'Connor, SS #4 SS SS SCS HS HCS HBs 1320, 981,
1042, 1109 and 1250 was adopted by the following vote:
AYES: 109
Akin Alter Auer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Boucher Broach Burton Champion Childers
Chrismer Cierpiot Cooper Copeland Crum 112
Crump 152 Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farnen Fiebelman Foley
Foster Froelker Gaskill Gibbons Goward
Graham Gratz Green Griesheimer Gross
Hall Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Kasten Keeven Kelley 47 Kissell
Koller Kreider Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Marble Marshall 26 Marshall 133 McBride
McClelland Monaco Murphy Murray 69 Naeger
Nordwald O'Connor O'Toole Oetting Overschmidt
Pouche Prost Pryor Reynolds Ribaudo
Richardson Ridgeway Rizzo Robirds Ross
Sallee Schwab Scott Secrest Sheldon 104
Shields Steen Stokan Stoll Summers
Surface Treadway Vogel Wannenmacher Whiteside
Wieland Wiggins Williams 159 Wooten
NOES: 047
Backer Bland Bray 84 Brown Canuteson
Carter Clayton Daniel 42 Daniels 41 Davis
Days Farmer Fitzwater Ford Franklin
Hagan-Harrell Harlan Jacob Kauffman Kelly 27
Klumb Lakin Lumpe May 108 Mays 50
McLuckie Montgomery Morgan Murray 135 Ostmann
Pauley Relford Scheve Schilling Sears 1
Shear 83 Shelton 57 Skaggs Smith Sombart
Tate Thomason 163 Troupe Van Zandt Williams 121
Witt Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 006
Garnett Gunn Hand O'Neill Thompson 37
Ward
VACANCY: 001
On motion of Representative O'Connor, SS #4 SS SS SCS HS HCS HBs 1320, 981,
1042, 1109 and 1250 was truly agreed to and finally passed by the following
vote:
AYES: 109
Akin Alter Auer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Boucher Broach Burton Champion Childers
Chrismer Cierpiot Cooper Copeland Crum 112
Crump 152 Daniels 41 Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farnen Fiebelman
Foley Foster Froelker Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hall Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Kasten Keeven Kelley 47 Kissell
Koller Kreider Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Marble Marshall 26 Marshall 133 McBride
McClelland Monaco Murphy Murray 69 Naeger
Nordwald O'Connor O'Toole Oetting Overschmidt
Pouche Prost Pryor Reynolds Ribaudo
Richardson Ridgeway Rizzo Robirds Ross
Sallee Schwab Scott Secrest Sheldon 104
Shields Steen Stokan Stoll Summers
Surface Treadway Vogel Wannenmacher Whiteside
Wieland Wiggins Williams 159 Wooten
NOES: 046
Backer Bland Bray 84 Brown Canuteson
Carter Clayton Daniel 42 Davis Days
Farmer Fitzwater Ford Franklin Hagan-Harrell
Harlan Jacob Kauffman Kelly 27 Klumb
Lakin Lumpe May 108 Mays 50 McLuckie
Montgomery Morgan Murray 135 Ostmann Pauley
Relford Scheve Schilling Sears 1 Shear 83
Shelton 57 Skaggs Smith Sombart Tate
Thomason 163 Thompson 37 Van Zandt Williams 121 Witt
Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 007
Garnett Goward Gunn Hand O'Neill
Troupe Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Liese, title to the bill was agreed to.
Representative Auer moved that the vote by which the bill passed be
reconsidered.
Representative Copeland moved that motion lay on the table.
The latter motion prevailed.
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 SS#5 SCS HCS HB 800,
812, 817 and 821, entitled:
To repeal sections 105.470, 195.017, 217.730, 302.225, 317.001, 317.006,
367.011, 367.021, 367.031, 367.040, 367.043, 367.044, 367.045, 367.047,
367.048, 367.049, 367.050, 451.020, 479.020, 542.276, 544.170, 546.680,
556.037, 562.021, 566.067, 566.068, 569.170, 570.210, 574.085, 575.010,
575.020, 575.030, 575.090, 590.110, 595.025 and 595.045, RSMo 1994, sections
544.157, 549.525, 565.084, 566.600 and 600.042, RSMo Supp. 1995, and section
544.216 as enacted by the second regular session of the eighty-eighth general
assembly in conference committee substitute for senate substitute no. 2 for
senate substitute for house bill no. 1047 and signed by the governor on March
13, 1996, relating to crime, and to enact in lieu thereof sixty-four new
sections relating to the same subject , with penalty provisions, an emergency
clause for certain sections and a termination date for a certain section.
With Senate Amendment Nos. 2, 3, 4, 5 and 6.
Senate Amendment No. 2
Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute
for House Bills Nos. 800, 812, 817, and 821, Page 124, Section 8, Line 16 by inserting
immediately after said line the following:
"Section 9. 1. As used in this section, the following terms mean:
(1) "Partial-birth abortion", an abortion in which the person performing the abortion
partially vaginally delivers a living fetus before killing the fetus and completing the
delivery;
(2) "Physician", a doctor of medicine or osteopathy legally authorized to practice medicine
and surgery or any other individual legally authorized to perform abortions; however, any
individual who is not a physician or not otherwise legally authorized by the state to perform
abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject
to the provisions of this section.
2. Any physician who knowingly performs a partial-birth abortion which results in the death of
a human fetus is guilty of a class A misdemeanor and may be fined up to five thousand dollars.
This subsection shall not apply to a partial-birth abortion that is necessary to save the life
of a mother whose life is endangered by a physical disorder, illness or injury and if no other
medical procedure could be performed to protect the mother's life or physical health.
3. The father, if married to the mother at the time she receives a partial-birth abortion
procedure and, if the mother has not attained the age of eighteen years at the time of the
abortion, the maternal grandparents of the fetus may, in a civil action, obtain appropriate
relief against the physician performing the partial-birth abortion and the hospital where such
abortion is performed, unless the pregnancy resulted from the plaintiff's criminal conduct or
the plaintiff consented to the abortion. Such relief shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the violation of
this section; and
(2) Statutory damages equal to three times the cost of the partial-birth abortion.
4. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this
section."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 3
AMEND Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute
for House Bill No. 800, 812, 817 and 821, Page 2 through 13, Section 105.470, by striking all
said section; and further amend the title and enacting clause accordingly.
Senate Amendment No. 4
AMEND Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute
for House Bills Nos. 800, 812, 817 and 821, Page 72, Section 479.020, Line 27, by inserting
immediately after said line the following:
"516.145. Within one year: all actions brought by an offender, as defined in sectionf
217.010, RSMo, or by any pretrial detainee, against the department of corrections or anyine
municipal or county, jail or other detention facility, or any entity or division thereof, oror anyine
any employee or former employee for an act in an official capacity, or by the omission of an oror anyine
official duty or any other act or omission performed under color of law."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 5
Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute
for House Bills Nos. 800, 812, 817 and 821, Page 39, Section 302.225, Line 14, by inserting
after all of said line the following:
"315.067. 1. A person operating a hotel, and the term "hotel" used in this act shall include
all the "lodging establishments" defined in section 315.005, has the right to refuse or deny
the use of a room, accommodations, facilities, or other privileges of the hotel to any of the
following:
(1) An individual unwilling or unable to pay for the room, accommodations, facilities, or
other privileges of the hotel;
(2) An individual who is visibly intoxicated, and under the influence of alcohol or other
drug, and who is disorderly so as to create a public nuisance;
(3) An individual the hotel operator reasonably believes is seeking to use a room,
accommodations, facilities, or other privileges of the hotel for an unlawful purpose;
(4) An individual the hotel operator reasonably believes is bringing in anything which may
create an unreasonable danger or risk to other persons, including but not limited to unlawful
use of firearms or explosives;
(5) An individual whose use of the room, accommodations, facilities, or other privileges of
the hotel would result in a violation of the maximum capacity of such hotel.
2. A hotel operator who reasonably refuses or denies the use of a room, accommodations,
facilities, or other privileges of the hotel pursuant to this section is not subject to any
civil or criminal action or any fine or other penalty.
315.069. The hotel operator has the right to require a person seeking the use of a room,
accommodations, facilities, or other privileges of the hotel to demonstrate the ability to pay
for such use by cash, credit card, or approved check. The hotel operator may require the
parent or guardian of a person less than eighteen years of age to do all of the following:
(1) Accept in writing the liability for the cost of the room, accommodations, facilities, or
other privileges of the hotel used by the person, and for the cost of any damages to the room,
furnishings in the room, or other facilities of the hotel caused by the person while the
person is using the room, accommodations, facilities, or other privileges of the hotel;
(2) Provide the hotel operator with one of the following:
(a) The authority to charge any amount due for the cost of the room, accommodations,
facilities, or other privileges of the hotel used by the person, and for the cost of any
damages to the room, furnishings in the room, or other facilities of the hotel caused by the
person while the person is using the room, accommodations, facilities, or other privileges of
the hotel to a credit card use of a credit card by person under the age of eighteen years
shall be deemed a waiver of any defense based upon the age of such person as may be raised by
the minor or the person authorizing the use of the credit card;
(b) An advance cash payment sufficient to cover the cost of the room, accommodations,
facilities, or other privileges the hotel used by the person, and a reasonable amount as a
deposit toward the cost of any damages to the room, furnishings in the room, or other
facilities of the hotel caused by the person while the person is using the room,
accommodations, facilities, or other privileges of the hotel. A cash deposit for any damages
required by the hotel operator shall be promptly refunded to the extent not used to cover the
cost of any such damages as determined by the hotel operator following an inspection of the
room, accommodations, or facilities of the hotel used by the person at the end of the person's
stay.
315.072. In addition to any other applicable penalties, a court may order a person to pay
restitution for any damages caused by such person which are suffered by the owner or operator
of the hotel. Damages for which restitution may be ordered, in addition to physical damages,
may include the loss of revenue resulting from the hotel being unable to rent or lease the
room, accommodation, or facility during any time of repair, and restitution to any other
individual who is injured or whose property is damaged as a result of the violation. Subject
to the restrictions provided in section 537.045, RSMo, the parent or guardian, excluding
foster parents, of a person less than eighteen years of age in their care and custody, may be
liable to the owner or operator for the acts of the person which result in damage to the room,
accommodation, or facility, and for restitution to any other individual who is injured or
whose property is damaged as a result of such acts.
315.075. An owner or operator of a hotel may eject a person from the hotel and shall notify
the appropriate local law enforcement authorities for any of the following reasons:
(1) Nonpayment of charges incurred by the individual renting or leasing a room,
accommodations, or facilities of the hotel when the charges are due and owing;
(2) The individual renting or leasing a room, accommodations, or facilities of the hotel is
visibly intoxicated, and is under the influence of alcohol or other drug, and is disorderly so
as to create a public nuisance;
(3) The owner or operator reasonably believes that the individual is using the premises for an
unlawful purpose;
(4) The owner or operator reasonably believes that the individual has brought anything into
the hotel which may create an unreasonable danger or risk to other persons, including but not
limited to unlawful use of firearms or explosives; and
(5) The individual is in violation of any federal, state, or local laws or regulations
relating to the hotel.
315.077. An owner or operator of a hotel shall post a copy of sections 315.067 to 315.079 of
this act, in addition to any rules established by the owner or operator of the hotel, in a
conspicuous place at or near the guest registration desk and in each room of the hotel.
315.079. 1. Each individual renting or leasing a room, accommodations, or facilities of the
hotel shall register, and may be required by the owner or operator of the hotel to show proof
of identity by producing a valid driver's license, or other identification satisfactory to the
owner or operator. If the individual is a person less than eighteen years of age, the owner or
operator may also require a parent or guardian of the person to register.
2. The guest register may be kept and maintained by recording, copying, or reproducing the
register by any photographic, photostatic, microfilm, microcard, miniature photographic,
electronic imaging, electronic data processing, or other process which accurately reproduces
or forms a durable medium for accurately and legibly reproducing an unaltered image or
reproduction of the original."; and
Further amend the title and enacting clause accordingly.
Senate Amendment No. 6
AMEND Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute
for House Bills Nos. 800, 812, 817 and 821, Page 93, Section 562.021, line 10, from the top of
the page, by inserting immediately at the end of said line the following:
"565.005. 1. At a reasonable time before the commencement of the first stage of anyn
trial of murder in the first degree at which the death penalty is not waived, the state andf anyn
defendant, upon request and without order of the court, shall serve counsel of the opposingf anyn
party with:
(1) A list of all aggravating or mitigating circumstances as provided in subsection 1 of
section 565.032, which the party intends to prove at the second stage of the trial;
(2) The names of all persons whom the party intends to call as witnesses at the second stage
of the trial;
(3) Copies or locations and custodian of any books, papers, documents, photographs or objects
which the party intends to offer at the second stage of the trial. If copies of such materials
are not supplied to opposing counsel, the party shall cause them to be made available for
inspection and copying without order of the court.
2. The disclosures required in subsection 1 of this section are supplemental to those required
by rules of the supreme court relating to a continuing duty to disclose information, the use
of matters disclosed, matters not subject to disclosure, protective orders, and sanctions for
failure to comply with an applicable discovery rule or order, all of which shall also apply to
any disclosure required by this section.
3. If the defendant proposes to offer evidence of mental retardation, he shall file written
notice thereof with the court no less than thirty days in advance of trial and list all expert
witnesses he intends to call in purposes of performing the examination in question or to
examine the accused, shall:
(1) Appoint one or more private psychiatrists or psychologists, as defined in section 632.005,
RSMo; or
(2) Appoint physicians with a minimum of one year training or experience in providing
treatment or services to mentally retarded individuals, who are neither employees nor
contractors of the department of mental health; or
(3) Direct the director of the department of mental health or his designee to have the accused
so examined by one or more psychiatrists or psychologists, as defined in section 632.005,
RSMo, or physicians with a minimum of one year training or experience in providing treatment
or services to mentally retarded individuals designated by the director or his designee.
4. No private psychiatrist, psychologist, or physician shall be appointed by the court
pursuant to subsection 3 of this section unless he has consented to act. The examinations
ordered shall be made at such time and place and under such conditions as the court deems
proper; except that if the order directs the director of the department of mental health to
have the accused examined, the director, or his designee, shall determine the reasonable time,
place, and conditions under which the examination shall be conducted. The order may include
provision for the interview of witnesses or the production and examination of records.
5. Both the state and the defendant may take the deposition of any witness disclosed pursuant
to this section.
6. Both the defendant and the state shall, upon written request, be entitled to an order
granting them a second examination of the accused by a psychiatrist or psychologist, as
defined in section 632.005, RSMo, or a physician with a minimum of one year training or
experience in providing treatment or services to mentally retarded individuals, of their own
choosing and at their own expense.
7. A claim of mental retardation so as to preclude the death penalty shall constitute an
affirmative defense which shall be decided prior to trial by a judge rather than a jury and no
interlocutory appeal from an adverse ruling shall be permitted by either side.
8. Whenever evidence relating to the issue of mental retardation under subsection 2 of section
565.020 is offered pursuant to the procedures contained in subsection 3, 4 and 5 of this
section, the court shall after hearing make findings of fact and conclusions of law, prior to
trial or plea, as to the issue.
565.020. 1. A person commits the crime of murder in the first degree if he knowingly causes
the death of another person after deliberation upon the matter.
2. Murder in the first degree is a class A felony, and the punishment shall be either death or
imprisonment for life without eligibility for probation or parole, or release except by act of
the governor; except that, if a person has not reached his sixteenth birthday at the time of
the commission of the crime, the punishment shall be imprisonment for life without eligibility
for probation or parole, or release except by act of the governor.], or except as provided in
subsection 3 of this section.
3. A person is not eligible for the death penalty if at the time of the commission of the
offense he has not reached his sixteenth birthday or he has mental retardation as defined in
section 630.005, RSMo. This subsection shall only be effective for crimes occurring on or
after the effective date of this section."; and
Further amend the title and enacting clause accordingly.
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 President Pro Tem has appointed the following
Conference Committee to act with a like committee from the House on HS SB 757,
as amended: Senators Maxwell, Howard, Lybyer, Westfall and Russell.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report #2 on HS SB 757, as amended, and has taken up and passed HS
SB 757, as amended by the CCR.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the President Pro Tem has appointed the following
Conference Committee to act with a like committee from the House on HCS HB
991, as amended: Senators Staples, Banks, McKenna, Sims and Westfall.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on HS HCS
HBs 1169 and 1279, as amended and grants the House a conference thereon.
The President Pro Tem has appointed the following Conference Committee to act
with a like Committee from the House: Senators Moseley, Caskey, Quick,
Westfall and Sims.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SCS HCS
HB 1557 and 1489, as amended and grants the House a conference thereon.
The President Pro Tem has appointed the following Conference Committee to act
with a like Committee from the House: Senators McKenna, DePasco, Quick,
Flotron and Treppler.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on HB 1098, as amended, and has taken up and passed CCS HB
1098.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SS HB
1432 and grants the House a conference thereon.
The President Pro Tem has appointed the following Conference Committee to act
with a like Committee from the House: Senators Quick, McKenna, Treppler,
Johnson and Klarich.
APPOINTMENT OF CONFERENCE COMMITTEES
The Speaker appointed the following Conference Committees to act with like
committees from the Senate on the following bills:
SCS HCS HBs 1557 and 1489: Representatives Days, Carter, Scheve, Long and
Levin
SCS HS HBs 1169 and 1271: Representatives Williams (121), Hosmer, Smith,
Sallee and Edwards-Pavia
SS HB 1432: Representatives Leake, Liese, Copeland, Elliott andm
Wannenmacher
SIGNING OF SENATE BILL
All other business of the House was suspended while HS SS SB 981 was read at
length and, there being no objection, was signed by the Speaker to the end
that the same may become law.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SB 664, as amended, and has taken up and passed CCS SB
664.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SCS HS HCS HBs 1301 & 1298, as amended, and has taken up
and passed CCS SCS HS HCS HBs 1301 & 1298.
Emergency clause adopted.
MOTION
Representative Hosmer moved that the House refuse to adopt SS #5 SCS HCS HBs
800, 812, 817 and 821, as amended, and request the Senate to recede from its
position or, failing to do so, grant the House a conference.
Which motion was adopted.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on HCS SS SCS SB 723 & 891, as amended, and has taken up and
passed HCS SS SCS SBs 723 & 891, as amended by CCR.
Emergency clause adopted.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SS #2 HB 809, as amended, and has taken up and passed CCS
SS #2 HB 809.
Emergency clause adopted.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SS #5
SCS HCS HB 800, 812, 817 & 821, as amended and grants the House a conference
thereon and further that the conferees be bound to the language in the
attached amendment.
Senate Amendment
Amend Senate Substitute No. 5 for Senate Committee Substitute for House Committee Substitute
for House Bill No. 800, 812, 817, and 821, Page 124, Section 8, Line 16 by inserting
immediately after said line the following:
"Section 1. 1. As used in this section, the following terms mean:
(1) "Partial-birth abortion", an abortion in which the person performing the abortion
partially vaginally delivers a living fetus before killing the fetus and completing the
delivery;
(2) "Physician", a doctor of medicine or osteopathy legally authorized to practice medicine
and surgery or any other individual legally authorized to perform abortions; however, any
individual who is not a physician or not otherwise legally authorized by the state to perform
abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject
to the provisions of this section.
2. Any physician who knowingly performs a partial-birth abortion which results in the death of
a human fetus is guilty of a class A misdemeanor and may be fined up to five thousand dollars.
This subsection shall not apply to a partial-birth abortion that is necessary to save the life
of a mother whose life is endangered by a physical disorder, illness or injury and if no other
medical procedure could be performed to protect the mother's life or physical health.
3. The penalty established in this section shall not preclude the prosecution of the physician
under any alernate criminal statute, including sections 188.035 and 565.021, RSMo.
4. The father, if married to the mother at the time she receives a partial-birth abortion
procedure and, if the mother has not attained the age of eighteen years at the time of the
abortion, the maternal grandparents of the fetus may, in a civil action, obtain appropriate
relief against the physician performing the partial-birth abortion and the hospital where such
abortion is performed, unless the pregnancy resulted from the plaintiff's criminal conduct or
the plaintiff consented to the abortion. Such relief shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the violation of
this section; and
(2) Statutory damages equal to three times the cost of the partial-birth abortion.
5. A woman upon whom a partial-birth abortion is performed may not be prosecuted under this
section."; and
Further amend the title and enacting clause accordingly.
THIRD READING OF SENATE BILL
HCS SS SCS SB 869, with HS, as amended, pending, relating to court
administration, was again taken up by Representative Witt.
Representative Legan offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, page 166, section 10, line 1 of said page, by
inserting immediately after said line the following:
"Section 11. 1. In addition to all court fees and costs prescribed by law, a surcharge of up
to ten dollars shall be assessed as costs in each court proceeding filed in any court within
the thirtieth judicial circuit in all criminal cases including violations of any county or
municipal ordinance or any violation of a criminal or traffic law of the state, including an
infraction, except that no such surcharge shall be collected in any proceeding in any court
when the proceeding or defendant has been dismissed by the court or when costs are to be paid
by the state, county or municipality. For violations of the general criminal laws of the state
or county ordinances, no such surcharge shall be collected unless it is authorized, by order,
ordinance or resolution adopted prior to January 1, 1997, by the county government where the
violation occurred. For violations of municipal ordinances, no such surcharge shall be
collected unless it is authorized, by order, ordinance or resolution adopted prior to January
1, 1997, by the municipal government where the violation occurred. Such surcharges shall be
collected and disbursed by the clerk of each respective court responsible for collecting court
costs in the manner provided by section 514.015, RSMo, and shall be payable to the treasurer
of the county where the violation occurred.
2. Each county shall use all funds received pursuant to this section only to pay for the costs
associated with the construction, maintenance and operation of the county judicial facility
and the circuit juvenile detention center including, but not limited to, utilities,
maintenance and building security. The county shall maintain records identifying such
operating costs, and any moneys not needed for the operating costs of the county judicial
facility shall be transmitted quarterly to the general revenue fund of the county.
3. This section shall expire and be of no force and effect on and after January 1, 2005."; and
Further amend the title and Section C of said bill accordingly.
On motion of Representative Legan, House Amendment No. 6 was adopted.
Representative Dougherty offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, page 127, section 208.220, line 1, by inserting
immediately after said line the following:
455.030. 1. When the court is unavailable after business hours or on holidays or weekends, a
verified petition for protection from abuse or a motion for hearing on violation of any order
of protection under sections 455.010 to 455.085 may be filed before any available circuit or
associate circuit court judge in the city or county having jurisdiction to hear the petition
pursuant to the guidelines developed pursuant to subsection 4 of this section. An ex parte
order may be granted pursuant to section 455.035.
2. All papers in connection with the filing of a petition or the granting of an ex parte order
of protection or a motion for a hearing on a violation of an order of protection under this
section shall be certified by such judge or the clerk within the next regular business day to
the circuit court having jurisdiction to hear the petition.
3. A petitioner seeking a protection order shall not be required to reveal any current address
or place of residence except to the judge in camera for the purpose of determining
jurisdiction and venue. The petitioner may be required to provide a mailing address unless the
petitioner alleges that he or she would be endangered by such disclosure, or that other family
or household members would be endangered by such disclosure.
4. The supreme court shall develop guidelines which ensure that a verified petition may be
filed on holidays, evenings and weekends.
455.040. 1. Not later than fifteen days after the filing of a petition under sections 455.010
to 455.085 a hearing shall be held unless the court deems, for good cause shown, that a
continuance should be granted. At the hearing, if the petitioner has proved the allegation of
abuse or stalking by a preponderance of the evidence, the court shall issue a full order of
protection for a [definite] period of time [, not to exceed one hundred eighty days] the court
deems appropriate, except that the protective order shall be valid for at least one hundred
eighty days and not more than one year. Upon motion by the petitioner, and after a hearing by
the court, the full order of protection may be renewed for a period [not to exceed] of time
the court deems appropriate, except that the protective order shall be valid for at least one
hundred eighty days and not more than one year from the expiration date of the originally
issued full order of protection. If for good cause a hearing cannot be held on the motion to
renew the full order of protection prior to the expiration date of the originally issued full
order of protection, an ex parte order of protection may be issued until a hearing is held on
the motion. Upon motion by the petitioner, and after a hearing by the court, the second full
order of protection may be renewed for an additional period [not to exceed] of time the court
deems appropriate, except that the protective order shall be valid for at least one hundred
eighty days and not more than one year. For purposes of this subsection, a finding by the
court of a subsequent act of abuse is not required for a renewal order of protection.
2. The court shall cause a copy of the petition and notice of the date set for the hearing on
such petition and any ex parte order of protection to be personally served upon the respondent
by personal process server as provided by law or by any sheriff or police officer at least
three days prior to such hearing. Such shall be served at the earliest time, and service of
such shall take priority over service in other actions, except those of a similar emergency
nature. The court shall cause a copy of any full order of protection to be served upon or
mailed by certified mail to the respondent at his last known address. Failure to serve or mail
a copy of the full order of protection to the respondent shall not affect the validity or
enforceability of a full order of protection.
3. A copy of any order of protection granted under sections 455.010 to 455.085 shall be issued
to the petitioner and to the local law enforcement agency in the jurisdiction where the
petitioner resides. The clerk shall also issue a copy of any order of protection to the local
law enforcement agency responsible for maintaining the Missouri uniform law enforcement system
or any other comparable law enforcement system the same day the order is granted. The law
enforcement agency responsible for maintaining MULES shall enter information contained in the
order for purposes of verification within twenty-four hours from the time the order is
granted. A notice of expiration or of termination of any order of protection shall be issued
to the local law enforcement agency and to the law enforcement agency responsible for
maintaining MULES or any other comparable law enforcement system. The law enforcement agency
responsible for maintaining the applicable law enforcement system shall enter such information
in the system."; and
Further amend said bill, by amending the title and enacting clause accordingly.
On motion of Representative Dougherty, House Amendment No. 7 was adopted.
Representative Pouche offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, page 82, section 494.480, line 15, by inserting
immediately after said line the following:
494.490. In all trials of civil actions before a circuit judge, or an associate circuit judge
sitting as a circuit judge, a jury shall consist of twelve persons selected pursuant to
sections 494.400 to 494.505. Three-fourths or more jurors may return a lawful verdict. All
verdicts shall be signed by each juror who agrees to the verdict.; and
Further amend said bill, page 94, section 514.490, line 35 , by inserting immediately after
said line the following:
"517.091. 1. In any case triable before a jury, a trial by jury shall be deemed waived unless
written demand be filed not later than five days before the return date of summons or the date
set for trial, whichever is later. For good cause shown, the judge may grant any party's
request for jury trial.
2. A jury shall be composed of [twelve] eight qualified jurors, unless all parties agree on a
lesser number, but not less than six, in which case the number of [veniremen] venirepersons
shall be reduced accordingly. Three-fourths or more of any jury concurring may return a
verdict."; and
Further amend said bill, by amending the title and enacting clause accordingly.
Representative Clayton raised a point of order that House Amendment No. 8 is
not germane to the bill.
The Chair ruled the point of order not well taken.
Representative Witt offered House Substitute Amendment No. 1 for House
Amendment No. 8.
House Substitute Amendment No. 1
for
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, page 135, section 490.130, line 1 of said page,
by inserting immediately after said line the following:
"494.490. In all trials of civil actions before a circuit judge, or an associate circuit
judge sitting as a circuit judge, a jury shall consist of twelve persons selected pursuant to
sections 494.400 to 494.505, unless all parties agree on a lesser number, but not less than
eight, in which case the number of veniremen shall be reduced accordingly. Three-fourths or
more jurors may return a lawful verdict. All verdicts shall be signed by each juror who agrees
to the verdict."; and
Further amend the title and section C of said bill accordingly.
On motion of Representative Witt, House Substitute Amendment No. 1 for House
Amendment No. 8 was adopted.
Representative Kelley (47) offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, page 149, section 537.675, line 18, by deleting
the opening bracket ([ ) and also on page 150, section 537.675, line 16, by deleting the
closing bracket ( ]); and
Further amend said bill, pages 158 and 159, section 7, by deleting all of section 7.
On motion of Representative Kelley (47), House Amendment No. 9 was adopted by
the following vote:
AYES: 148
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Goward Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 124 Heckemeyer Hegeman
Hendrickson Hohulin Hoppe Hosmer Howerton
Jacob Kasten Kauffman Keeven Kelley 47
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Lumpe
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Morgan Murphy Murray 69 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Ribaudo Richardson Rizzo Robirds
Ross Sallee Scheve Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Steen
Stokan Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Wiggins Williams 121 Williams 159
Witt Wooten Mr. Speaker
NOES: 004
Bray 84 Hartzler 123 Murray 135 Schilling
PRESENT: 000
ABSENT WITH LEAVE: 010
Akin Gunn Hand Hickey Luetkenhaus
O'Neill Ridgeway Stoll Thompson 37 Ward
VACANCY: 001
Representative Witt offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, pages 128 - 129, section 478.321, lines 16 - 22,
of page 128, and lines 1 - 4, of page 129, by striking all of said lines.
On motion of Representative Witt, House Amendment No. 10 was adopted.
Representative Hegeman offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, Page 2, In The Title, Line 25 of said title, by
deleting the word "eighty-six" and inserting in lieu thereof the word "eighty-four"; and
Further amend said bill, Page 111, Section C, Line 18 of said page, by deleting the word
"twenty-four" and inserting in lieu thereof the word "twenty-two"; and
Further amend said bill, Page 111, Section C, Line 21 of said page, by deleting the number
"514.015,"; and
Further amend said bill, Page 111, Section C, Line 22 of said page, by deleting "9 and 10" and
inserting in lieu thereof the following: "and 9"; and
Further amend said bill, Pages 136 to 148, Section 514.015, by deleting all of said section;
and
Further amend said bill, Pages 160 to 165, Section 9, by deleting all of said section; and
Further amend said bill, Page 165, Section 10, Line 18 of said page, by deleting the number
"10." and inserting in lieu thereof the number "9.".
Representative Hegeman requested a division of the question.
House Amendment No. 11
PART I
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, Page 2, In The Title, Line 25 of said title, by
deleting the word "eighty-six" and inserting in lieu thereof the word "eighty-four"; and
Further amend said bill, Page 111, Section C, Line 18 of said page, by deleting the word
"twenty-four" and inserting in lieu thereof the word "twenty-two"; and
Further amend said bill, Page 111, Section C, Line 21 of said page, by deleting the number
"514.015,"; and
Further amend said bill, Page 111, Section C, Line 22 of said page, by deleting "9 and 10" and
inserting in lieu thereof the following: "and 9"; and
Further amend said bill, Pages 136 to 148, Section 514.015, by deleting all of said section.
Representative Hegeman moved that Part I of House Amendment No. 11 be adopted.
Which motion was defeated.
House Amendment No. 11
PART II
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bill No. 869, Pages 160 to 165, section 9, by deleting all of
said section; and
Further amend said bill, page 165, section 10, line 18 of said page, by deleting the number
"10." and inserting in lieu thereof the number "9.".
Representative Hegeman moved that Part II of House Amendment No. 11 be
adopted.
Which motion was defeated.
Representative Backer moved the previous question.
Which motion was adopted by the following vote:
AYES: 084
Auer Backer Barry 100 Bland Bonner
Boucher Bray 84 Canuteson Carter Clayton
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Dougherty Farmer Farnen
Fiebelman Fitzwater Foley Ford Franklin
Goward Gratz Green Hagan-Harrell Harlan
Heckemeyer Hickey Hoppe Hosmer Jacob
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Liese Luetkenhaus Lumpe
Marshall 26 May 108 Mays 50 McBride McLuckie
Monaco Montgomery Morgan Murray 69 O'Connor
O'Toole Overschmidt Prost Relford Reynolds
Ribaudo Rizzo Scheve Schilling Sears 1
Shear 83 Sheldon 104 Shelton 57 Skaggs Smith
Stokan Stoll Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Ward Wiggins
Williams 121 Williams 159 Witt Mr. Speaker
NOES: 072
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Broach Brown Burton
Champion Childers Chrismer Cierpiot Cooper
Donovan Edwards-Pavia Elliott Enz Evans
Foster Froelker Gaskill Gibbons Graham
Griesheimer Gross Hall Hartzler 123 Hartzler 124
Hegeman Hendrickson Hohulin Howerton Kasten
Kauffman Keeven Kelley 47 Legan Levin
Linton Lograsso Long Loudon Marble
Marshall 133 McClelland Murphy Murray 135 Naeger
Nordwald Oetting Ostmann Pouche Pryor
Richardson Ridgeway Robirds Ross Sallee
Schwab Scott Secrest Shields Sombart
Steen Summers Surface Wannenmacher Whiteside
Wieland Wooten
PRESENT: 000
ABSENT WITH LEAVE: 006
Garnett Gunn Hand O'Neill Pauley
Vogel
VACANCY: 001
On motion of Representative Witt, HS HCS SS SCS SB 869, as amended, was
adopted by the following vote:
AYES: 102
Auer Backer Barry 100 Bonner Boucher
Bray 84 Brown Burton Canuteson Carter
Champion Childers Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Farmer
Farnen Fiebelman Fitzwater Foley Ford
Franklin Garnett Gibbons Goward Gratz
Green Griesheimer Hagan-Harrell Hall Heckemeyer
Hendrickson Hickey Hoppe Hosmer Howerton
Kasten Kauffman Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Liese Lograsso Lumpe Marble May 108
Mays 50 McBride McLuckie Monaco Montgomery
Morgan Murray 69 Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Pouche Prost
Relford Reynolds Ribaudo Ridgeway Rizzo
Ross Scheve Schilling Schwab Sears 1
Shear 83 Shelton 57 Skaggs Smith Sombart
Steen Stokan Stoll Tate Thomason 163
Treadway Troupe Van Zandt Williams 121 Williams 159
Witt Mr. Speaker
NOES: 050
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Broach Chrismer Edwards-Pavia
Elliott Enz Evans Foster Froelker
Gaskill Graham Gross Hartzler 123 Hartzler 124
Hegeman Hohulin Jacob Keeven Kelley 47
Levin Linton Long Loudon Luetkenhaus
Marshall 26 Marshall 133 McClelland Murphy Murray 135
Oetting Pryor Richardson Robirds Sallee
Scott Secrest Sheldon 104 Shields Summers
Surface Wannenmacher Wieland Wiggins Wooten
PRESENT: 000
ABSENT WITH LEAVE: 010
Bland Gunn Hand Harlan O'Neill
Pauley Thompson 37 Vogel Ward Whiteside
VACANCY: 001
On motion of Representative Witt, HS HCS SS SCS SB 869, as amended, was read
the third time and passed by the following vote:
AYES: 120
Alter Auer Backer Ballard Barry 100
Bennett 15 Bland Bonner Boucher Bray 84
Broach Brown Burton Canuteson Carter
Champion Childers Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Franklin Gaskill
Gibbons Goward Gratz Green Griesheimer
Hagan-Harrell Hall Harlan Heckemeyer Hendrickson
Hickey Hosmer Howerton Jacob Kasten
Kauffman Kelley 47 Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Lograsso Loudon Lumpe
Marble May 108 Mays 50 McBride McClelland
McLuckie Monaco Morgan Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Ostmann
Overschmidt Pouche Prost Relford Reynolds
Ribaudo Ridgeway Rizzo Robirds Ross
Scheve Schilling Schwab Sears 1 Shear 83
Shelton 57 Skaggs Smith Sombart Steen
Stokan Stoll Summers Tate Thomason 163
Thompson 37 Treadway Troupe Van Zandt Wannenmacher
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 035
Akin Barnett 4 Bartelsmeyer Boatright Chrismer
Elliott Foster Froelker Graham Gross
Hartzler 123 Hartzler 124 Hegeman Hohulin Hoppe
Keeven Linton Long Luetkenhaus Marshall 26
Marshall 133 Montgomery Murphy Oetting Pryor
Richardson Sallee Scott Secrest Sheldon 104
Shields Surface Whiteside Wieland Wiggins
PRESENT: 000
ABSENT WITH LEAVE: 007
Garnett Gunn Hand O'Neill Pauley
Vogel Ward
VACANCY: 001
The Speaker declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 129
Alter Auer Backer Ballard Barry 100
Bartelsmeyer Bennett 15 Bland Bonner Boucher
Bray 84 Broach Brown Burton Canuteson
Carter Champion Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Franklin
Gibbons Goward Graham Gratz Green
Griesheimer Hagan-Harrell Hall Harlan Hartzler 123
Heckemeyer Hendrickson Hickey Hoppe Hosmer
Jacob Kasten Kauffman Kelley 47 Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Luetkenhaus Lumpe Marble Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pouche Prost Pryor
Relford Reynolds Ribaudo Richardson Ridgeway
Rizzo Robirds Ross Scheve Schilling
Schwab Scott Sears 1 Shear 83 Shelton 57
Skaggs Smith Sombart Stokan Stoll
Summers Tate Thomason 163 Thompson 37 Treadway
Troupe Van Zandt Wannenmacher Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 023
Akin Barnett 4 Boatright Chrismer Foster
Froelker Gross Hartzler 124 Hegeman Hohulin
Howerton Keeven Loudon Marshall 26 Murphy
Sallee Secrest Sheldon 104 Shields Steen
Surface Whiteside Wieland
PRESENT: 000
ABSENT WITH LEAVE: 010
Childers Garnett Gaskill Gunn Hand
Kelly 27 O'Neill Pauley Vogel Ward
VACANCY: 001
On motion of Representative Franklin, title to the bill was agreed to.
Representative Hosmer moved that the vote by which the bill passed be
reconsidered.
Representative Klumb moved that motion lay on the table.
The latter motion prevailed.
HS HCS SS SS SB 488, as amended, relating to child care/domestic violence, was
again taken up by Representative Dougherty.
On motion of Representative Dougherty, HS HCS SS SS SB 488, as amended, was
read the third time and passed by the following vote:
AYES: 139
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Chrismer Cierpiot
Clayton Copeland Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Dougherty
Edwards-Pavia Elliott Enz Evans Farmer
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Gaskill Gibbons Goward
Graham Gratz Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Long Loudon Luetkenhaus Lumpe
Marble Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pouche Prost Pryor Relford Reynolds
Ribaudo Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Wannenmacher Wieland
Wiggins Williams 159 Witt Mr. Speaker
NOES: 010
Akin Cooper Froelker Kelley 47 Kelly 27
Lograsso Marshall 26 Scott Smith Wooten
PRESENT: 000
ABSENT WITH LEAVE: 013
Bland Childers Garnett Green Gunn
Hand O'Neill Pauley Thompson 37 Vogel
Ward Whiteside Williams 121
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Heckemeyer, title to the bill was agreed to.
Representative Monaco moved that the vote by which the bill passed be
reconsidered.
Representative Hoppe moved that motion lay on the table.
The latter motion prevailed.
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like
committee from the Senate on the following bill:
SS #5 SCS HCS HBs 800, 812, 817 and 821: Representatives Hosmer,
Schilling, Smith, Murray (131) and Wooten.
On motion of Representative Backer, the House recessed until 1:15 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: Daniel Jacob, Jessica Jacob, LaShawna Evans, Suzie
Alger, Jason Kern, Jillian Brinkman, Chris Smith and Zachary Towers.
RESOLUTIONS
Representative Gross offered House Resolution No. 1400, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Boucher offered House Resolution Nos. 1401 through 1404, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Hartzler (124) offered House Resolution Nos. 1405 and 1406,
which were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Mays (50) offered House Resolution Nos. 1407 and 1408, which
were referred to the Committee on Miscellaneous Bills and Resolutions.
Representative McLuckie offered House Resolution No. 1409, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representative Crum offered House Resolution Nos. 1410 and 1411, which were
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Smith offered House Resolution No. 1412, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Troupe offered House Resolution No. 1413, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Treadway offered House Resolution No. 1414, which was referred
to the Committee on Miscellaneous Bills and Resolutions.
Representatives Gross and Griesheimer offered House Resolution No. 1415, which
was referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Monaco offered House Resolution Nos. 1416 and 1417, which were
referred to the Committee on Miscellaneous Bills and Resolutions.
Representative Carter offered House Resolution No. 1418, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
Representative Ross offered House Resolution No. 1419, which was referred to
the Committee on Miscellaneous Bills and Resolutions.
COMMITTEE REPORT
Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which
was referred House Resolution Nos. 1227, 1229, 1230, 1231, 1232, 1233, 1234,
1235, 1236, 1237, 1238, 1239, 1240, 1241, 1242, 1243, 1244, 1245, 1246, 1247,
1248, 1249, 1250, 1251, 1252, 1253, 1254, 1255, 1256, 1257, 1258, 1259, 1260,
1261, 1262, 1263, 1264, 1265, 1266, 1267, 1268, 1269, 1270, 1271, 1272, 1273,
1274, 1275, 1276, 1277, 1278, 1279, 1280, 1281, 1282, 1283, 1284, 1285, 1286,
1287, 1289, 1290, 1291, 1292, 1293, 1294, 1295, 1296, 1297, 1298, 1299, 1300,
1301, 1302, 1303, 1304, 1305, 1306, 1307, 1308, 1309, 1310, 1311, 1312, 1313,
1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1325, 1326,
1327, 1328, 1329, 1330, 1331, 1332, 1333, 1334, 1335, 1336, 1337, 1338, 1339,
1340, 1341, 1342, 1343, 1344, 1345, 1346, 1347, 1348, 1349, 1350, 1351, 1352,
1353, 1354, 1355, 1356, 1357, 1358, 1359, 1360, 1361, 1362, 1363, 1364, 1365,
1366, 1367, 1368, 1369, 1370, 1371, 1372, 1373, 1374, 1375, 1376, 1377, 1378,
1379, 1380, 1381, 1382, 1383, 1384, 1385, 1386, 1387, 1388, 1389, 1390, 1391,
1392, 1393, 1394, 1395, 1396, 1397, 1398, 1400, 1401, 1402, 1403, 1404, 1405,
1406, 1407, 1408, 1409, 1410, 1411, 1412, 1413, 1414, 1415, 1416, 1417, 1418
and 1419, begs leave to report it has examined the same and recommends that
they Do Pass.
COURTESY RESOLUTIONS
House Resolution Nos. 1227, 1229 through 1287, 1289 through 1398 and 1400
through 1419 were taken up by Representative Backer.
On motion of Representative Backer, House Resolution Nos. 1227, 1229 through
1287, 1289 through 1398 and 1400 through 1419 were adopted.
HOUSE RESOLUTION
Representative Troupe offered House Resolution No. 1399 which was read.
HOUSE RESOLUTION NO. 1399
WHEREAS, the members of the Missouri House of Representatives regard the issue of preserving
the health and well-being of the citizens of this state as a primary function of this
legislative body; and
WHEREAS, AIDS (Acquired Immune Deficiency Syndrome) and AIDS-related diseases represent a
serious health threat to a large segment of the population without regard to age, sex, race,
sexual orientation, or socioeconomic status; and
WHEREAS, the fatal disease of AIDS has spread throughout this nation to the point where it has
left no community untouched; and
WHEREAS, now more than ever, each citizen of the state of Missouri faces a substantial risk of
being personally affected either directly or indirectly by the growing threat of AIDS; and
WHEREAS, exposure to HIV and the fatal chain of events leading to AIDS can be minimized by
education, understanding, and changes in behaviors; and
WHEREAS, public institutions, public and private organizations, businesses, and individual
citizens should all join in the effort to increase awareness and knowledge of this serious
health menace:
NOW, THEREFORE, BE IT RESOLVED by the members of the Missouri House of Representatives of the
Eighty-eighth General Assembly, the House of Representatives concurring therein, that an
interim committee of the General Assembly be created, to be appointed by the Speaker of the
House of Representatives, and that said committee be authorized to function during the interim
between the Eighty-eighth and the Eighty-ninth General Assemblies; and
BE IT FURTHER RESOLVED that said committee make a comprehensive, in-depth study of the problem
of AIDS and AIDS-related diseases in Missouri to determine what further measures, if any, need
to be taken at the state level to combat this growing problem; and
BE IT FURTHER RESOLVED that the committee prepare a report, together with its recommendations
for any legislative action it deems necessary for submission to the First Regular Session of
the Eighty-ninth General Assembly; and
BE IT FURTHER RESOLVED that House Research provide such legal, research, clerical, technical
and bill drafting services as the committee may require in the performance of its duties; and
BE IT FURTHER RESOLVED that the actual and necessary expenses of the committee, its members,
and any staff personnel assigned to the committee incurred in attending meetings of the
committee or any subcommittee thereof, be paid from the House Contingent Fund.
On motion of Representative Troupe, Rule 63 was suspended and House Resolution
No. 1399 was adopted.
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 SS SCS HB 1362,
entitled:
An act to repeal sections 197.300, 197.305, 197.317 and 334.030, RSMo 1994,
section 197.312, RSMo Supp. 1995, and section 197.318, as truly agreed to and
finally passed in house committee substitute for senate bill no. 575, second
regular session of the 88th general assembly and signed by the governor on
February 20, 1996, relating to the Missouri health certificate of need law,
and to enact seven new sections relating to the same subject, with penalty
provisions and an emergency clause.
With Senate Amendment Nos. 2 and 3.
Senate Amendment No. 2
AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 1362, page 2,
section 197.305, line 13, of said page, by inserting immediately after said line, the
following:
"(5) "Continuing care retirement community", a continuing care retirement community provides
at the same site or location independent housing, long-term health care and other services to
older persons not related by blood or marriage to the owner or operator of the continuing care
retirement community under an agreement effective for the life of the person or a specified
period of time in excess of one year which guarantees or provides priority access to on-site
health related long-term care services when needed;"; and
Further amend said section, by renumbering the remaining subdivisions accordingly; and
Further amend said section, page 4, line 3 of said page, by inserting immediately after the
word "fewer" the following: "and any continuing care retirement community referred to in
subsection 8 of section 197.318, provided, however, that the expansion provided under said
section is no more than ten beds or ten percent of total bed capacity, whichever is less, over
a two-year period"; and
Further amend said bill, page 10, section 197.318, line 10, of said page, by inserting
immediately after said line, the following:
"8. The provisions of section 197.317 shall not apply to any continuing care retirement
community in existence on July 1, 1996, and bound by a contractual obligation on or before
said date to provide residential and/or skilled nursing care in a residential care facility I,
residential care facility II or skilled nursing facility, as applicable upon demand or
demonstrated need of any resident of the continuing care retirement community, which
continuing care retirement community must expand its residential care facility I beds,
residential care facility II beds and/or skilled nursing facility beds at the same site or
location in order to satisfy its obligations to residents of the continuing care retirement
community as evidenced by the actual or reasonably anticipated lack of available residential
care facility I beds, residential care facility II beds or skilled nursing facility beds to
meet the aforesaid demands or needs. Such qualifying continuing care retirement community may
add such beds as are necessary to meet the reasonably foreseeable needs of its residents."
Senate Amendment No. 3
AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 1362, page 1,
section A, line 8, of said section, by inserting immediately after said line, the following:
"43.540. 1. As used in this section, the following terms mean:
(1) "Criminal record review", a request to the highway patrol for information concerning any
criminal history record for a felony or misdemeanor;
(2) "Patrol", the Missouri state highway patrol;
(3) "Provider", any licensed day care home, licensed day care center, licensed child placing
agency, licensed residential care facility for children, licensed group home, licensed foster
family group home, [or] licensed foster family home, any person, corporation or association
licensed as an operator under chapter 198, RSMo, any person, corporation or association who
provides in-home services, any person, corporation or association who employs nurses and
nursing assistants for temporary or intermittent placement in health care facilities, or any
entity licensed under chapter 197, RSMo;
(4) "Patient", a person who by reason of aging, illness, disease or physical or mental
infirmity receives or requires care and services furnished by a provider as defined in this
section;
[(4)] (5) "Youth services agency", any public or private agency, school, or association which
provides programs, care or treatment for or which exercises supervision over minors.
2. Upon receipt of a written request from a youth service agency or a provider, with the
written consent of the applicant, the highway patrol shall conduct a criminal record review of
an applicant for a paid or voluntary position with the agency or provider if such position
would place the applicant in [direct] contact with minors or patients as defined in this
section.
3. Any request for information made pursuant to the provisions of this section shall be on a
form provided by the highway patrol, [and] shall be signed by the person who is the subject of
the request[.], and shall include a money order or check payable to the state of Missouri to
cover the costs of the criminal record review. When a person applies for a paid position, the
provider or the applicant shall pay for the criminal record review. When a person applies for
a voluntary position, the provider shall pay for the criminal record review. Fees for a
criminal record review shall not exceed the fees in section 43.530, RSMo. Each request shall
be limited to one individual.
4. Pursuant to sections 43.507 and 610.120, RSMo, the patrol shall respond in writing to the
youth service agency or provider making a request for information under this section as soon
as possible but not to exceed two weeks and shall inform such youth service agency or provider
of the nature of the offense, and the date, place and court. Notwithstanding any other
provision of law to the contrary, the youth service agency or provider making such request
shall have access to all records of arrests resulting in an adjudication where the applicant
was found guilty or entered a plea of guilty or nolo contendere in a prosecution under
sections 566.010 to 566.141, RSMo, or under the laws of any state or the United States for
offenses described in sections 566.010 to 566.141, RSMo, during the period of any probation
imposed by the sentencing court.
5. Any information received by a provider or a youth services agency under this section shall
be provided to the department of health and shall be used solely for the department of
health's providers, or youth service agencies' internal purposes in determining the
suitability of an applicant or volunteer. The information shall be confidential and any person
who discloses the information beyond the scope allowed in this section shall be subject to a
class A misdemeanor. The patrol shall inform, in writing, the department of health, the
provider or youth services agency of the requirements of this subsection and the penalties
therein at the time it releases any information under this section."; and
Further amend said bill, page 13, section 344.030, line 24 of said page, by inserting
immediately after said line, the following:
"660.317. 1. Before hiring any applicant for a paid or voluntary position, any person,
corporation or association who:
(1) Is licensed as an operator under chapter 198, RSMo;
(2) Provides in-home services under contract with the department;
(3) Employs nurses and nursing assistants for temporary or intermittent placement in health
care facilities; or
(4) Is an entity licensed under chapter 197, RSMo, shall ascertain if such applicant for a
paid or voluntary position is on the employee disqualification list and shall request a
criminal background check as provided in section 610.120.
2. Failure by any person, corporation or association identified in subsection 1 of this
section to ascertain if such applicant for a paid or voluntary position is on the employee
disqualification list and to request a criminal background check as provided in section
610.120, RSMo, shall be a class A misdemeanor."; and
Further amend the title and enacting clause accordingly.
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 President Pro Tem has appointed the following
Conference Committee to act with a like committee from the House on SS #5 SCS
HCS HB 800, 812, 817 and 821, as amended: Senators Caskey, Moseley, Maxwell,
Graves and Westfall.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the President Pro Tem has appointed the following
Conference Committee to act with a like committee from the House on HS HCS SS
SCS SB 722, as amended: Senators Moseley, Caskey, Quick, Westfall and Sims.
MOTION
SS SCS HB 1362, as amended, was taken up by Representative Evans.
Representative Evans moved that the House refuse to adopt SS SCS HB 1362, as
amended, and request the Senate to recede from its position or, failing to do
so, grant the House a conference.
Which motion was adopted.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report #3 on HCS HB 991, as amended, and has taken up and passed HCS
HB 991, as amended by the CCR.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to recede from its position on SS SCS
HB 1362, as amended, and grants the House a conference thereon.
The President Pro Tem has appointed the following Conference Committee to act
with a like Committee from the House: Senators McKenna, Mathewson, Johnson,
Kenney and Flotron.
THIRD READING OF SENATE BILLS
SB 805, with HS, as amended, pending, relating to minority scholarships in
environmental studies, was again taken up by Representative Bland.
Representative McClelland offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for Senate Bill No. 805, page 4, section 9, line 10, by inserting
immediately after said line the following:
"10. Colleges and universities described in this section shall include public community
colleges."
On motion of Representative McClelland, House Amendment No. 3 was adopted.
Representative Kauffman offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for Senate Bill No. 805, page 4, section 640.240, line 4, by adding
after the word "actual" the words "and necessary"
On motion of Representative Kauffman, House Amendment No. 4 was adopted.
Representative Shields offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for Senate Bill No. 805, page 2, section 640.240, line 8, by deleting
from said line the words "general revenue"
Representative Shields moved that House Amendment No. 5 be adopted.
Which motion was defeated by the following vote:
AYES: 065
Akin Alter Ballard Barnett 4 Bartelsmeyer
Bennett 15 Boatright Broach Brown Burton
Champion Chrismer Cierpiot Edwards-Pavia Elliott
Enz Evans Foster Froelker Garnett
Gaskill Graham Griesheimer Gross Hall
Hartzler 124 Hegeman Hendrickson Hohulin Howerton
Kasten Keeven Kelley 47 Kissell Legan
Linton Long Loudon Luetkenhaus Marble
Marshall 133 Murray 135 Naeger Nordwald Oetting
Ostmann Pouche Pryor Ridgeway Robirds
Sallee Schwab Scott Secrest Shields
Sombart Steen Summers Surface Treadway
Vogel Wannenmacher Whiteside Wieland Wooten
NOES: 089
Auer Backer Barry 100 Bland Bonner
Boucher Bray 84 Canuteson Carter Clayton
Cooper Copeland Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Dougherty
Farmer Farnen Fiebelman Fitzwater Foley
Ford Franklin Gibbons Goward Gratz
Green Hagan-Harrell Harlan Hartzler 123 Heckemeyer
Hickey Hoppe Hosmer Jacob Kauffman
Kelly 27 Klumb Kreider Lakin Leake
Levin Liese Lograsso Lumpe Marshall 26
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
O'Connor O'Toole Overschmidt Pauley Prost
Relford Reynolds Richardson Rizzo Ross
Scheve Schilling Shear 83 Sheldon 104 Shelton 57
Skaggs Smith Stokan Stoll Tate
Thomason 163 Thompson 37 Troupe Van Zandt Wiggins
Williams 121 Williams 159 Witt Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 008
Childers Gunn Hand Koller O'Neill
Ribaudo Sears 1 Ward
VACANCY: 001
Representative Kauffman offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for Senate Bill No. 805, page 4, section 640.240, line 5, by deleting
lines 5 through 10
On motion of Representative Kauffman, House Amendment No. 6 was adopted.
Representative Hohulin offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for Senate Bill No. 805, page 1, section 640.240, lines 4 and 5, by
removing the words: "Minority and Underrepresented"; and
Further amend said bill, page 1, line 11, by deleting the word: minority; and
Further amend said bill, page 1, lines 12-15, by deleting all of said sentence; and
Further amend said bill, page 1, lines 16 and 17, by deleting the words: minority and
underrepresented; and
Further amend said bill, page 3, line 8, by deleting the word: Minority; and
Further amend said bill, page 4, line 11, by adding one new section to read as follows:
10. Scholarships shall be awarded without regard to race, color, or ethnic origin with
priority given to the economically disadvantaged.
Representative Hohulin moved that House Amendment No. 7 be adopted.
Which motion was defeated.
On motion of Representative Bland, HS SB 805, as amended, was adopted.
On motion of Representative Bland, HS SB 805, as amended, was read the third
time and passed by the following vote:
AYES: 096
Auer Backer Bland Bonner Boucher
Bray 84 Broach Canuteson Carter Clayton
Cooper Copeland Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Dougherty
Farmer Farnen Fiebelman Fitzwater Foley
Ford Franklin Gibbons Green Hagan-Harrell
Harlan Hartzler 123 Heckemeyer Hendrickson Hickey
Hoppe Hosmer Howerton Jacob Kauffman
Kelley 47 Kelly 27 Klumb Koller Lakin
Leake Liese Lograsso Lumpe Marshall 26
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
O'Connor O'Toole Overschmidt Pauley Prost
Relford Reynolds Ribaudo Richardson Ridgeway
Rizzo Ross Sallee Scheve Schilling
Scott Sears 1 Shear 83 Sheldon 104 Shelton 57
Skaggs Smith Sombart Stokan Stoll
Summers Tate Thomason 163 Thompson 37 Troupe
Van Zandt Wiggins Williams 121 Williams 159 Witt
Mr. Speaker
NOES: 060
Akin Alter Ballard Barnett 4 Barry 100
Bartelsmeyer Bennett 15 Boatright Brown Burton
Champion Childers Chrismer Cierpiot Edwards-Pavia
Elliott Enz Evans Foster Froelker
Garnett Gaskill Graham Gratz Griesheimer
Gross Hall Hartzler 124 Hegeman Hohulin
Kasten Keeven Kissell Kreider Legan
Levin Linton Long Loudon Luetkenhaus
Marble Murray 135 Naeger Nordwald Oetting
Ostmann Pouche Pryor Robirds Schwab
Secrest Shields Steen Surface Treadway
Vogel Wannenmacher Whiteside Wieland Wooten
PRESENT: 000
ABSENT WITH LEAVE: 006
Goward Gunn Hand Marshall 133 O'Neill
Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Hoppe, title to the bill was agreed to.
Representative Klumb moved that the vote by which the bill passed be
reconsidered.
Representative Skaggs moved that motion lay on the table.
The latter motion prevailed.
HCS SCS SB 708, relating to petroleum storage tanks, was taken up by
Representative Rizzo.
Representative Rizzo offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 708, page
1, section 319.100, line 7, by inserting immediately after the word "section" the following:
"or aboveground storage tanks at petroleum pipeline terminals"; and
Further amend said bill, page 5, section 319.129, subsection 8, line 56, by deleting the word
"reimburse" and inserting in lieu thereof the word "compensate"; and
Further amend said bill, page 5, section 319.129, subsection 8, line 57, by deleting the word
"this"; and
Further amend said bill, page 5, section 319.129, subsection 8, line 58, by inserting
immediately after the word "subsection" the following: "8 of this section"; and
Further amend said bill, page 5, section 319.129, subsection 8, line 58, by deleting the word
"reimbursement" and inserting in lieu thereof the word "compensation"; and
Further amend said bill, page 5, section 319.129, subsection 9, line 60, by deleting the words
"purposes or which the fund is established" and inserting in lieu thereof the following:
"fiduciary management of the fund"; and
Further amend said bill, section 319.129, subsection 12, line 71, by deleting the words "fund
administration and fiduciary oversight" and by inserting in lieu thereof the following:
"fiduciary management of the fund"; and
Further amend said bill, section 319.129, subsection 12, line 72, by inserting immediately
after the figure "319.137." the following:
"In no case shall the board have oversight regarding environmental cleanup standards for
petroleum storage tanks."
On motion of Representative Rizzo, House Amendment No. 1 was adopted.
Representative Klumb offered House Amendment No. 2.
Representative Elliott raised a point of order that House Amendment No. 2 is
not germane to the bill.
The Chair ruled the point of order well taken.
Representative Gratz offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 708, page
9, section 319.131, lines 120-130, by deleting all of said lines and inserting in lieu thereof
the following:
(2) An owner or operator who submits a request as provided in this subsection is not required
to bid the costs and expenses associated with professional environmental engineering services.
The department may disapprove all or part of the costs and expenses associated with the
environmental engineering services if the costs are excessive based upon comparable service
costs or current market value of similar services. The owner or operator shall solicit bids
for actual remediation and clean up work as provided by rules of the department. The
department may by rule establish minimum qualifications for bidders of remediation and clean
up work. The environmental engineer retained by the owner or operator shall provide to the
department prior to the acceptance of bids for remediation or clean up estimates of reasonable
anticipated costs of remediation or clean up work. Bids for any remediation or clean up work
must be submitted to the department prior to commencement of remediation work and unless
disapproved by the department, the contract for remediation or clean up work shall be awarded
to the lowest responsive responsible bidder. The department shall have the right to reject any
or all bids for failure to meet minimum qualifications or for submitting a bid in excess of
reasonable cost estimates for the project. If hidden or changed conditions are encountered
during remediation or clean up work, which were not stated in the environmental engineer's
estimate of costs submitted to the department, the owner or operator shall submit a statement
of such additional cost to the department for approval, if reimbursement is requested from the
fund.
On motion of Representative Gratz, House Amendment No. 2 was adopted.
Representative Griesheimer offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for Senate Committee Substitute for Senate Bill No. 708, page
10, section 319.132, line 19, by deleting the word "twenty" and inserting in lieu thereof the
word "twelve".
On motion of Representative Griesheimer, House Amendment No. 3 was adopted.
On motion of Representative Rizzo, HCS SCS SB 708, as amended, was adopted.
On motion of Representative Rizzo, HCS SCS SB 708, as amended, was read the
third time and passed by the following vote:
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Howerton Jacob Kasten Kauffman Keeven
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Linton
Long Loudon Luetkenhaus Lumpe Marble
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
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 Thomason 163 Thompson 37 Treadway Troupe
Van Zandt Vogel Wannenmacher Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 001
Hosmer
PRESENT: 001
Tate
ABSENT WITH LEAVE: 010
Franklin Goward Gunn Hand Kelley 47
Liese Lograsso O'Neill Ward Whiteside
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Gratz, title to the bill was agreed to.
Representative Carter moved that the vote by which the bill passed be
reconsidered.
Representative Crum (112) moved that motion lay on the table.
The latter motion prevailed.
SB 781, with House Committee Amendment No. 1, relating to county
reimbursement, was taken up by Representative Carter.
Representative Crump (152) offered House Substitute Amendment No. 1 for House
Committee Amendment No. 1.
House Substitute Amendment No. 1
for
House Committee Amendment No. 1
AMEND Senate Bill No. 781, page 3, section 221.105, line 47, by inserting immediately after
the word "appropriations" the following: ", but not less than the amount appropriated in the
previous fiscal year".
On motion of Representative Crump (152), House Substitute Amendment No. 1 for
House Committee Amendment No. 1 was adopted.
Representative Relford offered House Amendment No. 1.
Representative Carter raised a point of order that House Amendment No. 1 goes
beyond the scope of the bill.
The Chair ruled the point of order well taken.
On motion of Representative Carter, SB 781, as amended, was read the third
time and passed by the following vote:
AYES: 154
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelley 47 Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford 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 Whiteside Wieland Wiggins
Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 008
Franklin Goward Gunn Hand Kelly 27
O'Neill Ward Williams 121
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Heckemeyer, title to the bill was agreed to.
Representative Hosmer moved that the vote by which the bill passed be
reconsidered.
Representative Green moved that motion lay on the table.
The latter motion prevailed.
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like
committee from the Senate on the following bill:
SS SCS HB 1362: Representatives Evans, Lakin, Smith, Copeland and Hartzler
(123)
THIRD READING OF SENATE BILL
SB 489, relating to youth offender program, was taken up by Representative
Carter.
On motion of Representative Carter, SB 489 was truly agreed to and finally
passed by the following vote:
AYES: 152
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Froelker
Garnett Gaskill Gibbons Graham Gratz
Green Griesheimer Gross Hagan-Harrell Hall
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Relford 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
Whiteside Wieland Wiggins Williams 159 Witt
Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 010
Akin Franklin Goward Gunn Hand
Kelley 47 Murphy O'Neill Ward Williams 121
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Gratz, title to the bill was agreed to.
Representative Boucher moved that the vote by which the bill passed be
reconsidered.
Representative Foley moved that motion lay on the table.
The latter motion prevailed.
Representative Witt assumed the Chair.
BILLS IN CONFERENCE
CONFERENCE COMMITTEE REPORT
ON SENATE SUBSTITUTE
FOR SENATE COMMITTEE SUBSTITUTE
FOR HOUSE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR HOUSE BILL NO. 1237
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on Senate Substitute for Senate Committee Substitute
for House Substitute for House Committee Substitute for House Bill No. 1237,
as amended, begs leave to report that we, after free and fair discussion of
the differences between the House and the Senate, have agreed to recommend and
do recommend to the respective bodies as follows:
1. That the House recede from its position on House Substitute for House
Committee Substitute for House Bill No. 1237;
2. That the Senate recede from its position on Senate Substitute for Senate
Committee Substitute for House Substitute for House Committee Substitute for
House Bill No. 1237 with Senate Amendments Nos. 1, 4, 5, 6, 7, 8, Senate
Amendment No. 1 to Senate Amendment No. 9, Senate Amendment No. 2 to Senate
Amendment No. 9, Senate Amendment No. 9, as amended, Senate Amendment No. 11,
Senate Amendment No. 1 to Senate Amendment No. 12, Senate Amendment No. 2 to
Senate Amendment No. 12, Senate Amendment No. 3 to Senate Amendment No. 12,
Senate Amendment No. 12, as amended, Senate Amendments Nos. 13, 14, 15, 16,
17, 18, 19, 22, 23, Senate Amendment No. 1 to Senate Amendment No. 24, Senate
Amendment No. 14, as amended, Senate Amendments Nos. 25, 27, 28, 29, 30, 31,
32, 34, 36, 37, 38, 39, Senate Substitute Amendment No. 1 for Senate Amendment
No. 40, Senate Substitute Amendment No. 1 for Senate Amendment No. 41, Senate
Amendments Nos. 42 and 43;
3. That the attached Conference Committee Substitute with Conference Committee
Amendments Nos. 1 sand 2 for Senate Substitute for Senate Committee Substitute
for House Substitute for House Committee Substitute for House Bill No. 1237 be
adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Henry Rizzo /s/ Joe Maxwell
/s/ May Scheve /s/ Franc Flotron
/s/ Larry Thomason /s/ Mike Lybyer
/s/ Bonnie Sue Cooper /s/ Emory Melton
/s/ Phil Wannenmacher /s/ Harry Wiggins
Conference Committee Amendment No. 1
AMEND Conference Committee Substitute for Senate Substitute for Senate Committee Substitute
for House Substitute for House Committee Substitute for House Bill No. 1237, Page 114, Setion
620.1039, Subsection 1, Line 3, by deleting "or 143.471" from said line and inserting in lieu
thereof the following:
"143.471 or 148.370";
And further amend said bill, page 119, section 67.641, subsection 3, line 2 from top of said
page, by inserting immediately after the word "government" the following:
"on August 28, 1989"
And further amend said bill, section 3, subsection 2, line 1 of said subsection on page 198
and line 1 at the top of page 199, by deleting the following:
", and any satellite office or offices,";
And further amend said bill, page 199, section 5, lines 4 - 7 of said section, by deleting all
of said lines and inserting in lieu thereof the following:
"be located in Jefferson City."
Conference Committee Amendment No. 2
AMEND Conference Committee Substitute for Senate Substitute for Senate Committee Substitute
for House Substitute for House Committee Substitute for House Bill No. 1237, Page 66, Section
135.247, Subsection 3, Subdivision 3, Lines 6-7, by deleting both of said lines and inserting
in lieu thereof the following:
"an enterprise zone which is located within any city of the third classification which is
partially located within a county of the first class with a population of one hundred fifty."
CCR SS SCS HS HCS HB 1237, as amended, with Conference Committee Amendment No.
1 and Conference Committee Amendment No. 2, relating to economic development,
was taken up by Representative Rizzo.
On motion of Representative Rizzo, CCR SS SCS HS HCS HB 1237, as amended, with
Conference Committee Amendment No. 1 and Conference Committee Amendment No. 2,
was adopted by the following vote:
AYES: 134
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bland Boatright Bonner
Boucher Bray 84 Broach Brown Canuteson
Carter Champion Childers Chrismer Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Evans Farmer Farnen
Fiebelman Fitzwater Ford Foster Franklin
Garnett Gibbons Graham Gratz Green
Griesheimer Gross Hagan-Harrell Hall Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson
Hickey Hoppe Hosmer Jacob Kasten
Kauffman Keeven Kelley 47 Kelly 27 Kissell
Klumb Koller Lakin Leake Levin
Liese Lograsso Long Luetkenhaus Lumpe
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Overschmidt Pauley Pouche Prost
Relford Reynolds Ribaudo Richardson Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Secrest Shear 83
Sheldon 104 Shelton 57 Shields Skaggs Smith
Sombart Stokan Stoll Summers Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 022
Akin Bennett 15 Burton Elliott Enz
Foley Froelker Gaskill Hohulin Howerton
Kreider Legan Linton Loudon Marble
Marshall 26 Ostmann Pryor Ridgeway Steen
Surface Whiteside
PRESENT: 000
ABSENT WITH LEAVE: 006
Goward Gunn Hand Marshall 133 O'Neill
Ward
VACANCY: 001
On motion of Representative Rizzo, CCS SS SCS HS HCS HB 1237, as amended by
the CCR, was read the third time and passed by the following vote:
AYES: 139
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Evans Farmer
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Garnett Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hoppe Hosmer
Jacob Kasten Kauffman Keeven Kelley 47
Kelly 27 Kissell Klumb Koller Lakin
Leake Levin Liese Linton Lograsso
Long Luetkenhaus Lumpe May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Relford
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 Stokan Stoll Summers Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 018
Akin Burton Elliott Enz Froelker
Gaskill Hohulin Howerton Kreider Legan
Loudon Marble Marshall 26 Marshall 133 Pryor
Steen Surface Whiteside
PRESENT: 000
ABSENT WITH LEAVE: 005
Goward Gunn Hand O'Neill Ward
VACANCY: 001
Representative Witt declared the bill passed.
On motion of Representative Bonner, title to the bill was agreed to.
Representative Boucher moved that the vote by which the bill passed be
reconsidered.
Representative Carter moved that motion lay on the table.
The latter motion prevailed.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on HS HCS SS SCS SB 722, as amended, and has taken up and
passed CCS HS HCS SS SCS SB 722.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representative that the Senate refuses to concur in HS HCS SS SS SB 488, as
amended, and request the House to recede from its position and take up and
pass SS SS SB 488.
THIRD READING OF SENATE BILL
SB 768, relating to Missouri family trust, was taken up by Representative
Klumb.
Representative Klumb offered HS SB 768.
Representative Klumb offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for Senate Bill No. 768, page 17, section 5, by adding after said
section, the following:
"Section 6. It is the public policy of this state to recognize marriage only between a man and
a woman."; and
Further amend title and enacting clause accordingly.
Representative Gratz offered House Substitute Amendment No. 1 for House
Amendment No. 1.
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Substitute for Senate Bill No. 768, page 17, section 5, by inserting after said
section, the following:
"Section 6. 1. It is the public policy of this state to recognize marriage only between a man
and a woman.
2. Any purported marriage not between a man and a woman is invalid.
3. No recorder shall issue a marriage license, except to a man and a woman."; and
Further amend title and enacting clause accordingly.
Representative Klumb raised a point of order that House Substitute Amendment
No. 1 for House Amendment No. 1 is not germane to the bill.
Representative Witt requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
The Speaker resumed the Chair.
On motion of Representative Gratz, House Substitute Amendment No. 1 for House
Amendment No. 1 was adopted by the following vote:
AYES: 143
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Broach Brown
Burton Canuteson Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniels 41 Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Ribaudo Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Secrest Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Steen Stokan Stoll Summers Surface
Tate Thomason 163 Treadway Troupe Vogel
Wannenmacher Whiteside Wieland Wiggins Williams 121
Williams 159 Wooten Mr. Speaker
NOES: 012
Bray 84 Carter Davis Days Farmer
Harlan Lumpe Morgan Shear 83 Thompson 37
Van Zandt Witt
PRESENT: 000
ABSENT WITH LEAVE: 007
Daniel 42 Goward Gunn Hand Kelley 47
O'Neill Ward
VACANCY: 001
On motion of Representative Klumb, HS SB 768, as amended, was adopted.
On motion of Representative Klumb, HS SB 768, as amended, was read the third
time and passed by the following vote:
AYES: 144
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Broach Brown
Burton Canuteson Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniels 41 Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Pryor Relford
Reynolds Ribaudo Richardson Ridgeway Rizzo
Robirds Ross Sallee Scheve Schilling
Schwab Scott Sears 1 Secrest Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Steen Stokan Stoll Summers Surface
Tate Thomason 163 Thompson 37 Treadway Troupe
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 011
Bray 84 Carter Davis Days Farmer
Harlan Lumpe Morgan Shear 83 Van Zandt
Witt
PRESENT: 000
ABSENT WITH LEAVE: 007
Daniel 42 Goward Gunn Hand Kelley 47
O'Neill Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Copeland, title to the bill was agreed to.
Representative Canuteson moved that the vote by which the bill passed be
reconsidered.
Representative Green moved that motion lay on the table.
The latter motion prevailed.
BILLS IN CONFERENCE
Representative May (108) assumed the Chair.
CONFERENCE COMMITTEE REPORT
FOR SENATE SUBSTITUTE
FOR HOUSE BILL NO. 1432
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee from the Senate on Senate Substitute for House Bill No. 1432, begs
leave to report that we, after free and fair discussion of the differences
between the House and Senate, have agreed to recommend and do recommend to the
respective bodies as follows:
1. That the House recede from its position on House Bill No. 1432;
2. That the Senate recede from its position on Senate Substitute for House
Bill No. 1432;
3. That the attached Conference Committee Substitute for Senate Substitute for
House Bill No. 1432, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Sam Leake /s/ Ed Quick
/s/ Gene Copeland /s/ Bill McKenna
/s/ Chris Liese /s/ Sidney Johnson
/s/ Phil Wannenmacher /s/ Irene Treppler
/s/ Mark Elliott /s/ David Klarich
The Speaker resumed the Chair.
CCR SS HB 1432, relating to consumer loan act, was taken up by Representative
Leake.
On motion of Representative Leake, CCR SS HB 1432 was adopted by the following
vote:
AYES: 146
Akin Alter Auer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Broach Brown Burton
Canuteson Champion Childers Chrismer Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Froelker Garnett Gaskill
Gibbons Graham Gratz Green Griesheimer
Gross Hagan-Harrell Hall Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford Reynolds Ribaudo Richardson
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Sears 1
Shear 83 Sheldon 104 Shelton 57 Shields Skaggs
Smith Sombart Steen Stokan Stoll
Summers Surface Tate Thomason 163 Treadway
Troupe Van Zandt Vogel Wannenmacher Wieland
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 007
Backer Bray 84 Carter Farmer Harlan
Secrest Thompson 37
PRESENT: 000
ABSENT WITH LEAVE: 009
Goward Gunn Hand Kelley 47 Kelly 27
Marshall 133 O'Neill Ward Whiteside
VACANCY: 001
On motion of Representative Leake, CCS SS HB 1432 was read the third time and
passed by the following vote:
AYES: 154
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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 Whiteside Wieland
Wiggins Williams 159 Wooten Mr. Speaker
NOES: 000
PRESENT: 001
Witt
ABSENT WITH LEAVE: 007
Goward Gunn Hand Kelley 47 O'Neill
Ward Williams 121
VACANCY: 001
The Speaker declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 142
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Burton
Canuteson Carter Champion Childers Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Froelker Garnett
Gaskill Gibbons Graham Gratz Green
Griesheimer Hagan-Harrell Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hickey Hoppe Hosmer Howerton
Jacob Kasten Kauffman Keeven Kelly 27
Kissell Klumb Koller Kreider Lakin
Leake Legan Levin Liese Linton
Long Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wiggins Williams 159
Wooten Mr. Speaker
NOES: 011
Akin Brown Chrismer Gross Hall
Hendrickson Hohulin Lograsso Loudon Steen
Wieland
PRESENT: 001
Witt
ABSENT WITH LEAVE: 008
Goward Gunn Hand Harlan Kelley 47
O'Neill Ward Williams 121
VACANCY: 001
On motion of Representative Kissell, title to the bill was agreed to.
Representative Hoppe moved that the vote by which the bill passed be
reconsidered.
Representative O'Toole moved that motion lay on the table.
The latter motion prevailed.
CONFERENCE COMMITTEE REPORT NO. 2
FOR HOUSE SUBSTITUTE
FOR SENATE BILL NO. 757
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Substitute for Senate Bill No. 757, with HAs
1, 2, 3 and Part I of HA 4, as amended, begs leave to report that we, after
free and fair discussion of the differences between the House and Senate, have
agreed to recommend and do recommend to the respective bodies as follows:
1. That the Senate recede from its position on HS SB 757, as amended;
2. That House Substitute for Senate Bill No. 757 with HAs 1, 2, 3, Part I of
HA 4, as amended, and CCA 1 be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Jim Sears /s/ Joe Maxwell
/s/ Sam Leake /s/ Jerry Howard
/s/ Gary Wiggins /s/ Mike Lybyer
/s/ Don Summers /s/ Morris Westfall
/s/ Jim Howerton /s/ John T. Russell
Conference Committee Amendment No. 1
Amend House Substitute for Senate Bill No. 757, page 1, in the title, line 4, by inserting
immediately after "1994," the following: "and section 644.031, RSMo Supp. 1995,"; and further
amend lines 4-5, by striking the words "joint municipal utility commissions" and inserting in
lieu thereof the following: "water pollution control"; and
Further amend the title and enacting clause accordingly
CCR #2 HS SB 757, as amended, relating to water pollution control bonds, was
taken up by Representative Sears (1).
On motion of Representative Sears (1), CCR #2 HS SB 757, as amended, was
adopted by the following vote:
AYES: 155
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer
Hegeman Hendrickson Hickey Hohulin Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelly 27 Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford 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 Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Franklin Goward Gunn Hand Kelley 47
O'Neill Ward
VACANCY: 001
On motion of Representative Sears (1), HS SB 757, as amended by the CCR, was
truly agreed to and finally passed by the following vote:
AYES: 156
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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 Whiteside Wieland
Wiggins Williams 121 Williams 159 Witt Wooten
Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 006
Goward Gunn Hand Kelley 47 O'Neill
Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Auer, title to the bill was agreed to.
Representative Van Zandt moved that the vote by which the bill passed be
reconsidered.
Representative Overschmidt moved that motion lay on the table.
The latter motion prevailed.
CONFERENCE COMMITTEE REPORT
FOR CONFERENCE COMMITTEE SUBSTITUTE
FOR SENATE BILL NO. 664
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on Senate Bill No. 664 with HA 1, HA 2, HA 3, as
amended, and HA 4, begs leave to report that we, after free and fair
discussion of the differences between the House and Senate, have agreed to
recommend and do recommend to the respective bodies as follows:
1. That the Senate recede from its position on SB 664;
2. That the House recede from its position on SB 664 with HA 1, 2, HA 3, as
amended, and HA 4;
3. That the attached Conference Committee Substitute for Senate Bill No. 664,
be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Ed Hartzler /s/ David Klarich
/s/ Gene Copeland /s/ Emory Melton
/s/ Sam Leake /s/ Edward E. Quick
/s/ Joseph L. Treadway /s/ Harold L. Caskey
/s/ Mark L. Richardson /s/ Joe Maxwell
CCR SB 664, as amended, relating to real estate insurance, was taken up by
Representative Hartzler (123).
On motion of Representative Hartzler (123), CCR SB 664, as amended, was
adopted by the following vote:
AYES: 155
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford 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 Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Goward Gunn Hand Kelley 47 Lumpe
O'Neill Ward
VACANCY: 001
On motion of Representative Hartzler (123), CCS SB 664 was truly agreed to and
finally passed by the following vote:
AYES: 155
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford 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 Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 007
Goward Gunn Hand Kelley 47 Kelly 27
O'Neill Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Pauley, title to the bill was agreed to.
Representative Reynolds moved that the vote by which the bill passed be
reconsidered.
Representative Rizzo moved that motion lay on the table.
The latter motion prevailed.
MOTION
Representative Dougherty moved that the House refuse to recede from its
position on HS HCS SS SS SB 488, as amended, and request that the Senate adopt
HS HCS SS SS SB 488, as amended, and take up and pass the bill.
Which motion was adopted.
THIRD READING OF SENATE BILLS
HCS SCS SBs 604, 666, and 816, relating to professional registration, was
taken up by Representative Treadway.
Representative Treadway offered HS HCS SBs 604, 666 and 816.
On motion of Representative Treadway, HS HCS SBs 604, 666 and 816 was adopted.
On motion of Representative Treadway, HS HCS SBs 604, 666 and 816 was read the
third time and passed by the following vote:
AYES: 150
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Garnett Gaskill
Gibbons Graham Gratz Green Griesheimer
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hohulin Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelly 27 Kissell
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 002
Edwards-Pavia Froelker
PRESENT: 000
ABSENT WITH LEAVE: 010
Akin Crump 152 Goward Gunn Hand
Kelley 47 Klumb O'Neill Ribaudo Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Relford, title to the bill was agreed to.
Representative Montgomery moved that the vote by which the bill passed be
reconsidered.
Representative Hagan-Harrell moved that motion lay on the table.
The latter motion prevailed.
HCS SB 836, relating to financial transactions, was taken up by Representative
Leake.
On motion of Representative Leake, HCS SB 836 was adopted.
On motion of Representative Leake, HCS SB 836 was read the third time and
passed by the following vote:
AYES: 152
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Liese Linton Lograsso Long Loudon
Luetkenhaus Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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 Stokan Stoll
Summers Surface Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Vogel Wannenmacher
Wieland Wiggins Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 010
Goward Gunn Hand Kelley 47 Levin
Lumpe O'Neill Ribaudo Ward Whiteside
VACANCY: 001
The Speaker declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 145
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hickey Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelly 27 Kissell
Koller Kreider Leake Legan Levin
Liese Linton Lograsso Long Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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 Stokan Stoll
Summers Surface Tate Thomason 163 Thompson 37
Treadway Troupe Van Zandt Vogel Wannenmacher
Wiggins Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 003
Hendrickson Hohulin Wieland
PRESENT: 001
Witt
ABSENT WITH LEAVE: 013
Bartelsmeyer Goward Gunn Hall Hand
Kelley 47 Klumb Lakin Loudon O'Neill
Ribaudo Ward Whiteside
VACANCY: 001
On motion of Representative Overschmidt, title to the bill was agreed to.
Representative Stoll moved that the vote by which the bill passed be
reconsidered.
Representative Pauley moved that motion lay on the table.
The latter motion prevailed.
Represenative May (108) resumed the Chair.
SCS SB 524, with House Committee Amendment No. 1, relating to boxing
regulation, was taken up by Representative Rizzo.
On motion of Representative Rizzo, House Committee Amendment No. 1 was
adopted.
On motion of Representative Rizzo, SCS SB 524, as amended, was read the third
time and passed by the following vote:
AYES: 130
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Boatright Bonner
Boucher Broach Brown Canuteson Carter
Champion Childers Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Foster Franklin Froelker
Garnett Gaskill Gibbons Graham Gratz
Griesheimer Gross Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hosmer Howerton Kasten Kauffman Keeven
Kelly 27 Kissell Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Prost Pryor Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
Scott Sears 1 Secrest Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Steen
Stokan Stoll Summers Surface Tate
Treadway Van Zandt Vogel Wannenmacher Wieland
Wiggins Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 007
Bennett 15 Hohulin Jacob Loudon Murray 135
Pouche Whiteside
PRESENT: 000
ABSENT WITH LEAVE: 025
Bland Bray 84 Burton Chrismer Daniel 42
Ford Goward Green Gunn Hagan-Harrell
Hand Hoppe Kelley 47 Klumb Koller
May 108 O'Neill Pauley Ribaudo Shear 83
Thomason 163 Thompson 37 Troupe Ward Witt
VACANCY: 001
Representative May (108) declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 135
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bland Boatright Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Garnett Gaskill
Gibbons Graham Gratz Green Griesheimer
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hoppe
Hosmer Howerton Kasten Kauffman Keeven
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Levin Liese Linton
Long Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Prost Pryor
Relford Reynolds Ridgeway Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Smith Sombart Stokan
Stoll Summers Surface Tate Thomason 163
Treadway Troupe Van Zandt Vogel Wannenmacher
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 016
Akin Bennett 15 Edwards-Pavia Froelker Gross
Hohulin Jacob Legan Lograsso Loudon
Murray 135 Pouche Richardson Steen Whiteside
Wieland
PRESENT: 000
ABSENT WITH LEAVE: 011
Goward Gunn Hand Kelley 47 O'Neill
Pauley Ribaudo Rizzo Thompson 37 Ward
Wiggins
VACANCY: 001
On motion of Representative Kreider, title to the bill was agreed to.
Representative Heckemeyer moved that the vote by which the bill passed be
reconsidered.
Representative McLuckie moved that motion lay on the table.
The latter motion prevailed.
The Speaker resumed the Chair.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HSA 1 for HCA 1 to SB
781 and has taken up and passed SB 781, as amended.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HS SS SCS SB 869, as
amended, and has taken up and passed HS SS SCS SB 869, as amended.
Emergency clause defeated.
Seventy-seventh Day-Friday, May 17, 1996
BILLS IN CONFERENCE
CONFERENCE COMMITTEE REPORT
FOR HOUSE COMMITTEE SUBSTITUTE
FOR SENATE SUBSTITUTE
FOR SENATE COMMITTEE SUBSTITUTE
FOR SENATE BILLS NOS. 723 & 891
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Committee Substitute for Senate Substitute
for Senate Committee Substitute for Senate Bills Nos. 723 and 891 with HAs 1,
2, 3, and 4, HA 1 to HA 5, HA 5, HA 1 to HA 7, HA 7, HA 1 for HA 8, HAs 8, 9
and 10, begs leave to report that we, after free and fair discussion of the
differences between the House and Senate, have agreed to recommend and do
recommend to the respective bodies as follows:
1. That the Senate recede from its position on HCS SS SCS SBs 723 & 891 and
HAs 1, 2 and 3, HA 1 to HA 5, HA 5, HA 1 to HA 7, HAs 7, 8, 9 and 10;
2. That the House recede from its position on HA 4 and HA 1 to HA 8;
3. That the House Committee Substitute for Senate Substitute for Senate
Committee Substitute for Senate Bills Nos. 723 & 891 with HAs 1, 2 and 3, HA 1
to HA 5, HA 5, HA 1 to HA 7, HAs 7, 8, 9, 10 and CCA 1 be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Henry Rizzo /s/ Ted House
/s/ Brian May (108) /s/ Sidney Johnson
/s/ Phil Smith /s/ Harold Caskey
/s/ David Broach /s/ Larry Rohrbach
/s/ Marilyn Edwards-Pavia /s/ Betty Sims
Conference Committee Amendment No. 1
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for
Senate Bills Nos. 723 and 891, page 1, in the title, line 5, by inserting immediately after
the word "provisions as it appears the second time on said line, the following: ", with an
emergency clause for certain sections; and further amend said bill, page 4, section 50.333,
lines 91 through 96, by striking all of line 91 after "term." and by striking all of lines 92-
96 and inserting in lieu thereof the following: "If the salary commission votes to decrease
the compensation, a vote of two-thirds or more of all the members of the salary commission
shall be required before the salary or other compensation of any county office shall be
decreased below the compensation being paid for the particular office on the date the salary
commission votes, and all officers and offices shall receive the same percentage decrease.";
and
Further amend said bill, page 10, section 67.641, line 22, by inserting immediately after";
said line the following:
"67.475. In counties of the first classification on the effective date of this section, the
total amount of city or county general obligation bond indebtedness incurred for improvements
under sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453
to 67.475, shall not exceed ten percent of the assessed valuation of all taxable tangible
property, as shown by the last completed property assessment for state or local purposes,
within the city or county. In any county which was not a county of the first classification on
the effective date of this section, the total amount of city or county general obligation bond
indebtedness incurred for improvements under sections 67.453 to 67.475, including temporary
notes issued pursuant to sections 67.453 to 67.475, shall not exceed forty percent of the
assessed valuation of all taxable real property, as shown by the last completed property
assessment for state or local purposes, within the proposed neighborhood improvement district;
provided, however, that if a ballot upon which the question of incurring the bonded
indebtedness is submitted to all of the qualified voters residing within the city or county
and is approved by the percentage of voters within such city or county that is equal to the
percentage of voter approval required for the issuance of general obligation bonds of such
city or county pursuant to article VI, section 26 of the Missouri constitution, the total
amount of city or county general obligation bond indebtedness incurred for improvements under
sections 67.453 to 67.475, including temporary notes issued pursuant to sections 67.453 to
67.475, shall not exceed the assessed valuation of all taxable real property, as shown by the
last completed property assessment for state or local purposes, within the proposed
neighborhood improvement district. Any city with a population of three hundred fifty thousand
or more inhabitants shall appoint a citizen advisory committee composed of members of each
council districts on proposed neighborhood improvement district."; and
Further amend said bill, page 13, section 99.430, line 104, by inserting immediately after
said line the following:
"473.739. 1. Each public administrator, except in counties of the first class with a charter
form of government, who does not receive at least [twenty-five] forty-five thousand dollars in
fees as otherwise allowed by law shall receive annual compensation of four thousand dollars
and each such public administrator who does not receive at least [twenty-five] forty-five
thousand dollars in fees may request the county salary commission for an increase in annual
compensation and the county salary commission may authorize an additional increase in annual
compensation not to exceed ten thousand dollars.
2. Two thousand dollars of the compensation authorized in this section shall be payable to the
public administrator only if he has completed at least twenty hours of classroom instruction
each calendar year relating to the operations of the public administrator's office when
approved by a professional association of the county public administrators of Missouri unless
exempted from the training by the professional association. The professional association
approving the program shall provide a certificate of completion to each public administrator
who completes the training program and shall send a list of certified public administrators to
the treasurer of each county. Expenses incurred for attending the training session may be
reimbursed to the county public administrator in the same manner as other expenses as may be
appropriated for that purpose."; and
Further amend said bill, page 14, section 3, line 3, by inserting immediately after said line,
the following:
Section B. Because immediate action is necessary to prevent injustice, sections 575.130, 4, 5,
6, 7, 8, 9 and 10 of this act are deemed necessary for the immediate preservation of the
public health, welfare, peace and safety, and sections 575.130, 4, 5, 6, 7, 8, 9 and 10 are
hereby declared to be an emergency act within the meaning of the constitution, and this act
shall be in full force and effect upon its passage and approval.
Further amend the title and enacting clause accordingly.
CCR HCS SS SCS SBs 723 and 891, as amended, relating to neighborhood
improvement districts, was taken up by Representative Smith.
On motion of Representative Smith, CCR HCS SS SCS SBs 723 and 891, as amended,
was adopted by the following vote:
AYES: 135
Alter Backer Ballard Barnett 4 Barry 100
Bartelsmeyer Bennett 15 Bland Boatright Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Froelker Garnett
Gaskill Gibbons Graham Gratz Griesheimer
Hagan-Harrell Hall Harlan Heckemeyer Hegeman
Hickey Hoppe Hosmer Howerton Jacob
Kasten Keeven Kelly 27 Kissell Klumb
Koller Lakin Leake Legan Levin
Liese Linton Lograsso Long Luetkenhaus
Lumpe Marble Marshall 26 May 108 Mays 50
McBride McClelland McLuckie Monaco Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pouche
Prost Pryor Relford Reynolds Richardson
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schilling Schwab Scott Sears 1
Secrest Shear 83 Sheldon 104 Shelton 57 Shields
Skaggs Smith Steen Stokan Stoll
Summers Surface Tate Thomason 163 Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 013
Akin Auer Green Gross Hartzler 123
Hartzler 124 Hendrickson Kauffman Kreider Loudon
Marshall 133 Sombart Treadway
PRESENT: 000
ABSENT WITH LEAVE: 014
Franklin Goward Gunn Hand Hohulin
Kelley 47 Montgomery Morgan O'Neill Pauley
Ribaudo Thompson 37 Troupe Ward
VACANCY: 001
On motion of Representative Smith, HCS SS SCS SBs 723 and 891, as amended by
the CCR, was truly agreed to and finally passed by the following vote:
AYES: 144
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Graham Gratz
Green Griesheimer Gross Hagan-Harrell Hall
Harlan Hartzler 123 Heckemeyer Hegeman Hendrickson
Hickey Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelly 27 Koller
Kreider Leake Legan Levin Liese
Linton Lograsso Long Luetkenhaus Lumpe
Marble Marshall 26 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pouche Prost Pryor Relford 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
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Van Zandt
Vogel Wannenmacher Wieland Wiggins Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 004
Hartzler 124 Hohulin Loudon Marshall 133
PRESENT: 000
ABSENT WITH LEAVE: 014
Daniel 42 Daniels 41 Goward Gunn Hand
Kelley 47 Kissell Klumb Lakin O'Neill
Pauley Ribaudo Ward Whiteside
VACANCY: 001
The Speaker declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 143
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Graham Gratz
Green Griesheimer Gross Hagan-Harrell Hall
Hartzler 123 Heckemeyer Hegeman Hendrickson Hickey
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Luetkenhaus
Lumpe Marble Marshall 26 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Murphy Murray 69 Murray 135 Naeger Nordwald
O'Connor O'Toole Oetting Ostmann Overschmidt
Pauley Pouche Prost Relford Reynolds
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Skaggs Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Thompson 37 Treadway Troupe Van Zandt Vogel
Wannenmacher Whiteside Wiggins Williams 121 Williams 159
Witt Wooten Mr. Speaker
NOES: 005
Hartzler 124 Hohulin Loudon Marshall 133 Wieland
PRESENT: 000
ABSENT WITH LEAVE: 014
Crump 152 Foley Goward Gunn Hand
Harlan Kelley 47 Klumb Morgan O'Neill
Pryor Ribaudo Shields Ward
VACANCY: 001
On motion of Representative Hosmer, title to the bill was agreed to.
Representative O'Toole moved that the vote by which the bill passed be
reconsidered.
Representative Wiggins moved that motion lay on the table.
The latter motion prevailed.
CONFERENCE COMMITTEE REPORT
FOR SENATE COMMITTEE SUBSTITUTE
FOR HOUSE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR HOUSE BILLS NOS. 1169 AND 1271
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on SCS HS HCS HBs 1169 and 1271, as amended, begs
leave to report that we, after free and fair discussion of the differences
between the House and Senate, have agreed to recommend and do recommend to the
respective bodies as follows:
1. That the House recede from its position on HS HCS HBs 1169 and 1271;
2. That the Senate recede from its position on SCS HS HCS HBs 1169 and 1271,
as amended;
3. That the attached CCS SCS HS HCS HBs 1169 and 1271 be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Deleta Williams (121) /s/ Harold L. Caskey
/s/ Craig Hosmer /s/ Joe Moseley
Phil Smith /s/ Ed Quick
/s/ Mary Lou Sallee /s/ Morris Westfall
/s/ Marilyn Edwards-Pavia /s/ Betty Sims
CCR SCS HS HCS HBs 1169 and 1271, relating to zero tolerance, was taken up by
Representative Williams (121).
On motion of Representative Williams (121), Rule 60 was suspended by the
following vote:
AYES: 144
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Green Gross Hagan-Harrell Hall Harlan
Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson
Hickey Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelly 27 Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Loudon Luetkenhaus Marble Marshall 26
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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 Stokan Stoll
Summers Surface Tate Thomason 163 Troupe
Van Zandt Vogel Wannenmacher Whiteside Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 008
Clayton Gratz Griesheimer Hohulin Murphy
Treadway Wieland Wiggins
PRESENT: 000
ABSENT WITH LEAVE: 010
Goward Gunn Hand Kelley 47 Lumpe
Marshall 133 O'Neill Ribaudo Thompson 37 Ward
VACANCY: 001
On motion of Representative Williams (121), CCR SCS HS HCS HBs 1169 and 1271
was adopted by the following vote:
AYES: 139
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Edwards-Pavia Elliott Enz Evans
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Froelker Garnett Gaskill
Gibbons Graham Gross Hagan-Harrell Hall
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hohulin Hoppe Hosmer Howerton
Kasten Kauffman Keeven 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
Monaco Montgomery Morgan Murphy Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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 Troupe
Van Zandt Vogel Wannenmacher Whiteside Wieland
Williams 121 Williams 159 Wooten Mr. Speaker
NOES: 014
Auer Clayton Farmer Gratz Green
Griesheimer Hickey Jacob Lograsso Murray 69
Reynolds Treadway Wiggins Witt
PRESENT: 000
ABSENT WITH LEAVE: 009
Dougherty Goward Gunn Hand Kelley 47
Klumb O'Neill Ribaudo Ward
VACANCY: 001
On motion of Representative Williams (121), CCS SCS HS HCS HBs 1169 and 1271
was read the third time and passed by the following vote:
AYES: 140
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Cooper Copeland Crum 112 Daniel 42
Daniels 41 Days Donovan Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Green Gross Hagan-Harrell Hall Harlan
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey
Hohulin Hoppe Hosmer Howerton Kasten
Kauffman Keeven Kelly 27 Kissell Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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
Van Zandt Vogel Wannenmacher Whiteside Wieland
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 011
Auer Clayton Davis Gratz Griesheimer
Heckemeyer Jacob Murray 69 Reynolds Troupe
Wiggins
PRESENT: 000
ABSENT WITH LEAVE: 011
Bland Crump 152 Dougherty Goward Gunn
Hand Kelley 47 Klumb O'Neill Ribaudo
Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Barry, title to the bill was agreed to.
Representative McLuckie moved that the vote by which the bill passed be
reconsidered.
Representative Treadway moved that motion lay on the table.
The latter motion prevailed.
CONFERENCE COMMITTEE REPORT
FOR HOUSE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR SENATE SUBSTITUTE
FOR SENATE COMMITTEE SUBSTITUTE
FOR SENATE BILL NO. 722
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Substitute for House Committee Substitute for
Senate Substitute for Senate Committee Substitute for Senate Bill No. 722, as
amended, begs leave to report that we, after free and fair discussion of the
differences between the House and Senate, have agreed to recommend and do
recommend to the respective bodies as follows:
1. That the House recede from its position on House Substitute for House
Committee Substitute for Senate Substitute for Senate Committee Substitute for
Senate Bill No. 722, as amended;
2. That the Senate recede from its position on Senate Substitute for Senate
Committee Substitute for Senate Bill No. 722;
3. That Conference Committee Substitute for House Substitute for House
Committee Substitute for Senate Substitute for Senate Committee Substitute for
Senate Bill No. 722, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Deleta Williams (121) /s/ Joe Moseley
/s/ Craig Hosmer /s/ Harold R. Caskey
Phil Smith /s/ Ed Quick
/s/ Mary Lou Sallee /s/ Morris Westfall
/s/ Marilyn Edwards-Pavia /s/ Betty Sims
CCR HS HCS SS SCS SB 722, as amended, relating to zero tolerance, was taken up
by Representative Hosmer.
On motion of Representative Hosmer, Rule 60 was suspended and CCR HS HCS SS
SCS SB 722, as amended, was adopted by the following vote:
AYES: 134
Akin Alter Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Days Donovan Edwards-Pavia
Elliott Enz Evans Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Hegeman Hendrickson Hohulin Hoppe
Hosmer Howerton Kasten Kauffman Keeven
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 Monaco Montgomery Morgan Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford 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 Summers
Surface Tate Thomason 163 Thompson 37 Troupe
Van Zandt Vogel Wannenmacher Whiteside Williams 121
Williams 159 Witt Wooten Mr. Speaker
NOES: 017
Auer Boatright Clayton Davis Farmer
Gratz Green Griesheimer Heckemeyer Hickey
Jacob Lograsso Murphy Reynolds Treadway
Wieland Wiggins
PRESENT: 000
ABSENT WITH LEAVE: 011
Dougherty Goward Gunn Hand Kelley 47
Kelly 27 Klumb O'Neill Ribaudo Stoll
Ward
VACANCY: 001
On motion of Representative Hosmer, CCS HS HCS SS SCS SB 722 was truly agreed
to and finally passed by the following vote:
AYES: 132
Akin Alter Backer Ballard Barnett 4
Barry 100 Bennett 15 Bland Boatright Bonner
Boucher Bray 84 Broach Brown Burton
Canuteson Carter Champion Childers Chrismer
Cierpiot Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Days Donovan Edwards-Pavia
Elliott Enz Evans Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Hegeman Hohulin Hoppe Hosmer
Howerton Kasten Kauffman Keeven Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Loudon Luetkenhaus Lumpe Marble
Marshall 26 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murray 135
Naeger Nordwald O'Toole Oetting Ostmann
Overschmidt Pouche Prost Pryor Relford
Richardson Ridgeway Rizzo Robirds Ross
Sallee Scheve Schilling Schwab Sears 1
Secrest Shear 83 Sheldon 104 Shelton 57 Shields
Skaggs Smith Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Thompson 37 Troupe Van Zandt Vogel Wannenmacher
Whiteside Wieland Williams 121 Williams 159 Witt
Wooten Mr. Speaker
NOES: 018
Auer Clayton Davis Farmer Gratz
Green Griesheimer Heckemeyer Hendrickson Hickey
Jacob Marshall 133 Murphy Murray 69 O'Connor
Reynolds Treadway Wiggins
PRESENT: 000
ABSENT WITH LEAVE: 012
Bartelsmeyer Dougherty Goward Gunn Hand
Kelley 47 Kelly 27 O'Neill Pauley Ribaudo
Scott Ward
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Canuteson, title to the bill was agreed to.
Representative Copeland moved that the vote by which the bill passed be
reconsidered.
Representative Foley moved that motion lay on the table.
The latter motion prevailed.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HCS SCS SB 708, as
amended, and has taken up and passed HCS SCS SB 708, as amended.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HS SB 805, as
amended, and has taken up and passed HS SB 805, as amended.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SS SCS HB 1081,
entitled:
An act to repeal sections 313.842, 630.167 and 630.460, RSMo 1994, and section
630.053, RSMo Supp. 1995, relating to the department of mental health, and to
enact in lieu thereof four new sections relating to the same subject.
With Senate Amendment No. 1
Senate Amendment No. 1
AMEND Senate Substitute for Senate Committee Substitute for House Bill No. 1081, Page 10, Line
25, by inserting immediately after all of said line the following:
"208.169. 1. Notwithstanding other provisions of this chapter, including but notin
limited to sections 208.152, 208.153, 208.159 and 208.162:
(1) There shall be no revisions to a facility's reimbursement rate for providing nursing care
services under this chapter upon a change in ownership, management control, operation, stock,
leasehold interests by whatever form for any facility previously licensed or certified for
participation in the medicaid program. Increased costs for the successor owner, management or
leaseholder that result from such a change shall not be recognized for purposes of
reimbursement;
(2) In the case of a newly built facility or part thereof which is less than two years of age
and enters the Title XIX program under this chapter after July 1, 1983, a reimbursement rate
shall be assigned based on the lesser of projected estimated operating costs or one hundred
ten percent of the median rate for the facility's class to include urban and rural categories
for each level of care including ICF only and SNF and SNF/ICF. The rates set under this
provision shall be effective for a period of twelve months from the effective date of the
provider agreement at which time the rate for the future year shall be set in accordance with
reported costs of the facility recognized under the reimbursement plan and as provided in
subdivisions (3) and (4) of this subsection. Rates set under this section may in no case
exceed the maximum ceiling amounts in effect under the reimbursement regulation;
(3) Reimbursement for capital related expenses for newly built facilities entering the Title
XIX program after March 18, 1983, shall be calculated as the building and building equipment
rate, movable equipment rate, land rate, and working capital rate.
(a) The building and building equipment rate will be the lower of:
a. Actual acquisition costs, which is the original cost to construct or acquire the building,
not to exceed the costs as determined in section 197.357, RSMo; or
b. Reasonable construction or acquisition cost computed by applying the regional Dodge
Construction Index for 1981 with a trend factor, if necessary, or another current construction
cost measure multiplied by one hundred eight percent as an allowance for fees authorized as
architectural or legal not included in the Dodge Index Value, multiplied by the square footage
of the facility not to exceed three hundred twenty-five square feet per bed, multiplied by the
ratio of forty minus the actual years of the age of the facility divided by forty; and
multiplied by a return rate of twelve percent; and divided by ninety-three percent of the
facility's total available beds times three hundred sixty-five days.
(b) The maximum movable equipment rate will be fifty-three cents per bed day.
(c) The maximum allowable land area is defined as five acres for a facility with one hundred
or less beds and one additional acre for each additional one hundred beds or fraction thereof
for a facility with one hundred one or more beds.
(d) The land rate will be calculated as:
a. For facilities with land areas at or below the maximum allowable land area, multiply the
acquisition cost of the land by the return rate of twelve percent, divide by ninety-three
percent of the facility's total available beds times three hundred sixty-five days.
b. For facilities with land areas greater than the maximum allowable land area, divide the
acquisition cost of the land by the total acres, multiply by the maximum allowable land area,
multiply by the return rate of twelve percent, divide by ninety-three percent of the
facility's total available beds times three hundred sixty-five days.
(e) The maximum working capital rate will be twenty cents per day;
(4) If a provider does not provide the actual acquisition cost to determine a reimbursement
rate under subparagraph a. of paragraph (a) of subdivision (3) of subsection 1 of this
section, the sum of the building and building equipment rate, movable equipment rate, land
rate, and working capital rate shall be set at a reimbursement rate of six dollars;
(5) For each state fiscal year a negotiated trend factor shall be applied to each facility's
Title XIX per diem reimbursement rate. The trend factor shall be determined through
negotiations between the department and the affected providers and is intended to hold the
providers harmless against increases in cost. In no circumstances shall the negotiated trend
factor to be applied to state funds exceed the health care finance administration market
basket price index for that year. The provisions of this subdivision shall apply to fiscal
year 1996 and thereafter.
2. The provisions of subdivisions (1), (2), (3), and (4) of subsection 1 of this section shall
remain in effect until July 1, 1989, unless otherwise provided by law.
[3. The provisions of this section shall not apply in any respect for any reason to any
intermediate care facility exclusively for the mentally retarded/developmentally disabled
which entered the Title XIX program after July 1, 1983.]"; and
Further amend said bill, in the title and enacting clause accordingly.
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 adopted the Conference
Committee Report on SS HB 1432, and has taken up and passed CCS SS HB 1432.
Emergency clause adopted.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SS SCS HS HCS HB 1237, as amended, and has taken up and
passed CCS SS SCS HS HCS HB 1237, as amended by the CCR.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HCA 1 to SCS SB 524
and has taken up and passed SCS SB 524, as amended.
Emergency clause adopted.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HS SB 768, as
amended, and has taken up and passed HS SB 768, as amended.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SCS HS HCS HBs 1169 & 1279, as amended, and has taken up
and passed CCS SCS HS HBs 1169 & 1279.
Seventy-seventh Day-Friday, May 17, 1996
BILLS IN CONFERENCE
CONFERENCE COMMITTEE REPORT
FOR SENATE SUBSTITUTE NO. 5
FOR SENATE COMMITTEE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR HOUSE BILLS NOS. 800, 812, 817 AND 821
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate, on SS #5 SCS HCS House Bills Nos. 800, 812, 817 and
821, as amended; begs leave to report that we, after free and fair discussion
of the differences between the House and Senate, have agreed to recommend and
do recommend to the respective bodies as follows:
1. That the House recede from its position on HCS HBs Nos. 800, 812, 817 and
821;
2. That the Senate recede from its position on SS#5 SCS HCS HBs Nos. 800, 812,
817 and 821, as amended;
3. That the attached CCAs Nos. 1 and 2, and CCS SS #5 SCS HCS HBs Nos. 800,
812, 817 and 821, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Craig Hosmer /s/ Harold L. Caskey
/s/ Mike Schilling /s/ Joe Moseley
/s/ Connie Wible Murray (135) /s/ Sam Graves
/s/ Phil Smith /s/ Morris Westfall
/s/ Chuck Wooten /s/ Joe Maxwell
Conference Committee Amendment No. 1
to
Conference Committee Substitute
AMEND Conference Committee Substitute for Senate Substitute #5 for Senate Committee Substitute
for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, page 23, section
211.342, lines 27-28 of said page, by striking all of said lines and inserting in lieu thereof
the following:
"211.342. 1. In addition to all court fees and costs prescribed by law, a surcharge of up to
ten dollars shall be assessed as costs in each court proceeding filed in any court within the
thirtieth judicial circuit in all criminal cases including violations of any county or
municipal ordinance or any violation of a criminal or traffic law of the state, including an
infraction, except that no such surcharge shall be collected in any proceeding in any court
when the proceeding or defendant has been dismissed by the court or when costs are to be paid
by the state, county or municipality. For violations of the general criminal laws of the state
or county ordinances, no such surcharge shall be collected unless it is authorized, by order,
ordinance or resolution adopted prior to January 1, 1997, by the county government where the
violation occurred. For violations of municipal ordinances, no such surcharge shall be
collected unless it is authorized, by order, ordinance or resolution adopted prior to January
1, 1997, by the municipal government where the violation occurred. Such surcharges shall be
collected and disbursed by the clerk of each respective court responsible for collecting court
costs in the manner provided by section 514.015, RSMo, and shall be payable to the treasurer
of the county where the violation occurred."; and
Further amend said bill and section, page 24, lines 1-16 of said page, by striking all of said
lines; and
Further amend said bill, page 26, section 221.355, line 17 of said page, by inserting
immediately after the word "parole" the following: "or for programs utilized by correctional
facilities for inmates who are within one year of their release date".
Conference Committee Amendment No. 2
to
Conference Committee Substitute
AMEND Conference Committee Substitute for Senate Substitute #5 for Senate Committee Substitute
for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, page 82, section
565.084, line 28 of said page, by inserting immediately before said line, the following:
"565.005. 1. At a reasonable time before the commencement of the first stage of any trial of
murder in the first degree at which the death penalty is not waived, the state and defendant,
upon request and without order of the court, shall serve counsel of the opposing party with:
(1) A list of all aggravating or mitigating circumstances as provided in subsection 1 of
section 565.032, which the party intends to prove at the second stage of the trial;
(2) The names of all persons whom the party intends to call as witnesses at the second stage
of the trial;
(3) Copies or locations and custodian of any books, papers, documents, photographs or objects
which the party intends to offer at the second stage of the trial. If copies of such materials
are not supplied to opposing counsel, the party shall cause them to be made available for
inspection and copying without order of the court.
2. The disclosures required in subsection 1 of this section are supplemental to those required
by rules of the supreme court relating to a continuing duty to disclose information, the use
of matters disclosed, matters not subject to disclosure, protective orders, and sanctions for
failure to comply with an applicable discovery rule or order, all of which shall also apply to
any disclosure required by this section.
3. If the defendant proposes to offer evidence of mental retardation, he shall file written
notice thereof with the court no less than thirty days in advance of trial and list all expert
witnesses he intends to call in support of such claim. Thereafter, the court, upon motion of
the state or by or on behalf of accused, for the purposes of performing the examination in
question or to examine the accused, shall:
(1) Appoint one or more private psychiatrists or psychologists, as defined in section 632.005,
RSMo; or
(2) Appoint physicians with a minimum of one year training or experience in providing
treatment or services to mentally retarded individuals, who are neither employees nor
contractors of the department of mental health; or
(3) Direct the director of the department of mental health or his designee to have the accused
so examined by one or more psychiatrists or psychologists, as defined in section 632.005,
RSMo, or physicians with a minimum of one year training or experience in providing treatment
or services to mentally retarded individuals designated by the director or his designee.
4. No private psychiatrist, psychologist, or physician shall be appointed by the court
pursuant to subsection 3 of this section unless he has consented to act. The examinations
ordered shall be made at such time and place an under such conditions as the court deems
proper; except that if the order directs the director of the department of mental health to
have the accused examined, the director, or his designee, shall determine the reasonable time,
place and conditions under which the examination shall be conducted. The order may include
provisions for the interview of witnesses or the production and examination of records.
5.. Both the state and the defendant may take the deposition of any witness disclosed pursuant
to this section.
6. Both the defendant and the state shall, upon written request, be entitled to an order
granting them a second examination of the accused by a psychiatrist or psychologist, as
defined in section 632.005, RSMo, or a physician with a minimum of one year training or
experience in providing treatment or services to mentally retarded individuals, of their own
choosing and at their own expense.
7. A claim of mental retardation so as to preclude the death penalty shall constitute an
affirmative defense which shall be decided prior to trial by a judge rather than a jury and no
interlocutory appeal from an adverse ruling shall be permitted by either side.
8. Whenever evidence relating to the issue of mental retardation under subsection 2 of section
565.020 is offered pursuant to the procedures contained in subsection 3, 4 and 5 of this
section, the court shall, after hearing, make findings of fact and conclusions of law, prior
to trial or plea, as to the issue.
565.020. 1. A person commits the crime of murder in the first degree if he knowinglyection
causes the death of another person after deliberation upon the matter.
2. Murder in the first degree is a class A felony, and the punishment shall be either death or
imprisonment for life without eligibility for probation or parole, or release except by act of
the governor [; except that, if a person has not reached his sixteenth birthday at the time of
the commission of the crime, the punishment shall be imprisonment for life without eligibility
for probation or parole, or release except by act of the governor.] or except as provided in
subsection 3 of this section.
3. A person is not eligible for the death penalty if at the time of the commission of the
offense he has not reached his sixteenth birthday or he has mental retardation as defined in
section 630.005, RSMo. This subsection shall only be effective for crimes occurring on or
after the effective date of this section."; and
Further amend the title and enacting clause accordingly.
CCR SS #5 SCS HCS HBs 800, 812, 817 and 821, as amended, with Conference
Committee Amendment No. 1 and Conference Committee Amendment No. 2, relating
to crimes, was taken up by Representative Hosmer.
Representative Hosmer moved that Rule 60 be suspended and CCR SS #5 SCS HCS
HBs 800, 812, 817 and 821, as amended, with Conference Committee Amendment No.
1 and Conference Committee Amendment No. 2 be adopted.
Representative Green requested a division of the question on the motion.
On motion of Representative Hosmer, Rule 60 was suspended by the following
vote:
AYES: 141
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Boatright Bonner
Boucher Broach Brown Burton Canuteson
Carter Champion Childers Chrismer Cierpiot
Cooper Copeland Crum 112 Crump 152 Daniel 42
Daniels 41 Davis Days Donovan Dougherty
Edwards-Pavia Elliott Enz Evans Farmer
Farnen Fiebelman Fitzwater Foley Ford
Foster Franklin Froelker Garnett Gaskill
Gibbons Graham Gratz Green Griesheimer
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hohulin Hoppe Hosmer Howerton Jacob
Kasten Kauffman Keeven Kelly 27 Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Lograsso
Long Loudon Luetkenhaus Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Morgan Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pouche Prost Pryor Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
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 Vogel
Wannenmacher Whiteside Wiggins Williams 159 Wooten
Mr. Speaker
NOES: 009
Bland Bray 84 Clayton Lumpe Monaco
Montgomery Murphy Van Zandt Wieland
PRESENT: 000
ABSENT WITH LEAVE: 012
Akin Goward Gunn Hand Kelley 47
O'Neill Pauley Ribaudo Scott Ward
Williams 121 Witt
VACANCY: 001
Representative Hosmer again moved that CCR SS #5 SCS HCS HBs 800, 812, 817 and
821, as amended, with Conference Committee Amendment No. 1 and Conference
Committee Amendment No. 2 be adopted.
Representative Hosmer withdrew his motion.
Representative Hosmer moved that the House refuse to adopt CCR SS #5 SCS HCS
HBs 800, 812, 817 and 821, as amended, with Conference Committee Amendment No.
1 and Conference Committee Amendment No. 2 and ask the Senate to grant a
further conference.
Which motion was adopted.
CONFERENCE COMMITTEE REPORT #2
ON SENATE COMMITTEE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR HOUSE BILLS NOS. 1557 AND 1489
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on Senate Committee Substitute for House Committee
Substitute for House Bills Nos. 1557 & 1489, as amended, begs leave to report
that we, after free and fair discussion of the differences between the House
and the Senate, have agreed to recommend and do recommend to the respective
bodies as follows:
1. That the House recede from its position on House Committee Substitute for
House Bills Nos. 1557 & 1489;
2. That the Senate recede from its position on Senate Committee Substitute for
House Committee Substitute for House Bills Nos. 1557 & 1489, with Senate
Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3, Senate
Amendment No. 4, Senate Amendment No. 5, Senate Amendment No. 6, Senate
Amendment No. 8, Senate Amendment No. 9, Senate Amendment No. 11 and Senate
Amendment No. 12;
3. That the attached Conference Committee Substitute No. 2 be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Rita D. Days /s/ Bill McKenna
/s/ May Scheve /s/ Ed Quick
/s/ Paula J. Carter /s/ Ronnie DePasco
/s/ Beth Long /s/ Irene Treppler
/s/ David Levin /s/ Franc Flotron
CCR #2 SCS HCS HBs 1557 and 1489, as amended, relating to election deadlines,
was taken up by Representative Days.
On motion of Representative Days, Rule 60 was suspended and CCR #2 SCS HCS HBs
1557 and 1489, as amended, was adopted by the following vote:
AYES: 137
Alter Auer Backer Ballard Barnett 4
Barry 100 Bartelsmeyer Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Davis Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Foster Franklin Froelker Garnett Gaskill
Gibbons Graham Gratz Green Griesheimer
Gross Hagan-Harrell Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Howerton
Kasten Kauffman Keeven Kelly 27 Kissell
Klumb Koller Kreider Lakin Leake
Legan Levin Liese Linton Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Pryor Relford Reynolds Richardson 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 Van Zandt Vogel
Wannenmacher Whiteside Wiggins Williams 121 Williams 159
Wooten Mr. Speaker
NOES: 006
Akin Hall Hohulin Lograsso Ridgeway
Wieland
PRESENT: 000
ABSENT WITH LEAVE: 019
Daniel 42 Daniels 41 Ford Goward Gunn
Hand Hoppe Hosmer Jacob Kelley 47
Naeger O'Neill Prost Ribaudo Rizzo
Thomason 163 Troupe Ward Witt
VACANCY: 001
Representative Scheve assumed the Chair.
On motion of Representative Days, CCS #2 SCS HCS HBs 1557 and 1489 was read
the third time and passed by the following vote:
AYES: 132
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foster Franklin Froelker Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Howerton
Kasten Kauffman Keeven Kelly 27 Klumb
Koller Kreider Legan Levin Liese
Linton Long Loudon Luetkenhaus Lumpe
Marble Marshall 26 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murphy Murray 69 Murray 135 Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Pryor Relford Reynolds Richardson
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 Treadway Van Zandt Vogel
Wannenmacher Whiteside Wiggins Williams 121 Williams 159
Wooten Mr. Speaker
NOES: 004
Hohulin Lograsso Ridgeway Wieland
PRESENT: 000
ABSENT WITH LEAVE: 026
Daniel 42 Daniels 41 Foley Ford Garnett
Goward Gunn Hand Hoppe Hosmer
Jacob Kelley 47 Kissell Lakin Leake
Marshall 133 Naeger O'Neill Prost Ribaudo
Rizzo Thomason 163 Thompson 37 Troupe Ward
Witt
VACANCY: 001
Representative Scheve declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 135
Akin Alter Auer Backer Ballard
Barry 100 Bland Boatright Bonner Boucher
Bray 84 Broach Brown Burton Canuteson
Carter Champion Childers Chrismer Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Farmer Farnen Fiebelman
Fitzwater Foley Foster Franklin Froelker
Garnett Gaskill Graham Gratz Green
Griesheimer Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hickey Hoppe
Hosmer Howerton Kasten Kauffman Keeven
Kelly 27 Klumb Koller Kreider Lakin
Leake Legan Levin Liese Lograsso
Long Luetkenhaus Lumpe Marshall 26 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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 Stokan Stoll
Summers Surface Tate Thomason 163 Treadway
Troupe Van Zandt Vogel Wannenmacher Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 012
Barnett 4 Bennett 15 Evans Gibbons Gross
Hendrickson Hohulin Linton Loudon Marble
Whiteside Wieland
PRESENT: 000
ABSENT WITH LEAVE: 015
Bartelsmeyer Daniel 42 Daniels 41 Ford Goward
Gunn Hand Jacob Kelley 47 Kissell
Marshall 133 O'Neill Ribaudo Thompson 37 Ward
VACANCY: 001
On motion of Representative Montgomery, title to the bill was agreed to.
Representative McBride moved that the vote by which the bill passed be
reconsidered.
Representative McLuckie moved that motion lay on the table.
The latter motion prevailed.
MOTION
On motion of Representative Carter, SS SCS HB 1081, as amended, was adopted by
the following vote:
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bennett 15 Bland Boatright
Bonner Boucher Bray 84 Broach Brown
Burton Canuteson Carter Champion Childers
Chrismer Cierpiot Clayton Cooper Copeland
Crum 112 Crump 152 Daniel 42 Daniels 41 Davis
Days Donovan Dougherty Edwards-Pavia Elliott
Enz Evans Farmer Farnen Fiebelman
Fitzwater Foley Ford Foster Franklin
Froelker Garnett Gaskill Gibbons Graham
Gratz Green Griesheimer Gross Hagan-Harrell
Hall Harlan Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelly 27 Kissell Koller Kreider Lakin
Leake Legan Levin Liese Linton
Lograsso Long Loudon Luetkenhaus Lumpe
Marble Marshall 26 Marshall 133 May 108 Mays 50
McBride McClelland McLuckie Monaco Montgomery
Morgan Murphy Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Pryor
Relford Reynolds Richardson Ridgeway Rizzo
Robirds Ross 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 Treadway Troupe Van Zandt
Vogel Wannenmacher Whiteside Wieland Wiggins
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 012
Bartelsmeyer Goward Gunn Hand Heckemeyer
Kelley 47 Klumb O'Neill Ribaudo Sallee
Thompson 37 Ward
VACANCY: 001
On motion of Representative Carter, SS SCS HB 1081, as amended, was truly
agreed to and finally passed by the following vote:
AYES: 150
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kissell Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford Reynolds Richardson 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 Thompson 37 Treadway Troupe
Van Zandt Vogel Wannenmacher Whiteside Wieland
Williams 121 Williams 159 Witt Wooten Mr. Speaker
NOES: 000
PRESENT: 000
ABSENT WITH LEAVE: 012
Goward Gunn Hand Kelley 47 Kelly 27
Klumb O'Neill Ribaudo Ridgeway Stokan
Ward Wiggins
VACANCY: 001
Representative Scheve declared the bill passed.
On motion of Representative Overschmidt, title to the bill was agreed to.
Representative O'Toole moved that the vote by which the bill passed be
reconsidered.
Representative O'Connor moved that motion lay on the table.
The latter motion prevailed.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate refuses to concur in HCS for SB 836, and
requests the House to recede from its position or failing to do so, grant the
Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate grants the House further conference on SS #5
SCS HCS HBs 800, 812, 817 and 821, as amended.
The President Pro Tem has appointed the following Conference Committee to act
with a like Committee from the House: Senators Caskey, Moseley, Maxwell,
Graves and Westfall.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and passed SS SCS HB 1113,
entitled:
An act to repeal section 173.239, RSMo Supp. 1995, relating to certain
scholarship programs, and to enact in lieu thereof six new sections relating
to the same subject.
With Senate Amendment No. 1
Senate Amendment No. 1
Amend Senate Substitute for Senate Committee Substitute for House Bill No. 1113, Page 2,
Section 173.239, Line 27 of said page by inserting immediately after said line the following:
"173.250. 1. There is hereby established a "Higher Education Academic Scholarship Program" and
any moneys appropriated by the general assembly for this program shall be used to provide
scholarships for Missouri citizens to attend a Missouri college or university of their choice
pursuant to the provisions of this section.
2. The definitions of terms set forth in section 173.205 shall be applicable to such terms as
used in this section. The term "academic scholarship" means an amount of money paid by the
state of Missouri to a qualified college or university student who has demonstrated superior
academic achievement pursuant to the provisions of this section.
3. The coordinating board for higher education shall be the administrative agency for the
implementation of the program established by this section, and shall:
(1) Promulgate reasonable rules and regulations for the exercise of its functions and the
effectuation of the purposes of this section, including regulations for granting scholarship
deferments;
(2) Prescribe the form and the time and method of awarding academic scholarships, and shall
supervise the processing thereof; and
(3) Select qualified recipients to receive academic scholarships, make such awards of academic
scholarships to qualified recipients and determine the manner and method of payment to the
recipient.
4. A student shall be eligible for initial or renewed academic scholarship if he or she is in
compliance with the eligibility requirements set forth in section 173.215 excluding the
requirement of financial need and undergraduate status and excluding the provisions of
subdivision (6) of subsection 1 of section 173.215, and in addition meets the following
requirements:
(1) Initial academic scholarships shall be offered in the academic year immediately following
graduation from high school to Missouri high school seniors whose composite scores on the
American College Testing Program (ACT) or the Scholastic Aptitude Test (SAT) of the College
Board are in the top three percent of all Missouri students taking those tests during the
school year in which the scholarship recipients graduate from high school. In the freshman
year of college, scholarship recipients are required to maintain status as a full-time
student;
(2) Academic scholarships are renewable if the recipient remains in compliance with the
applicable provisions of section 173.215 and the recipient makes satisfactory academic degree
progress as a full-time student.
5. A student who is enrolled or has been accepted for enrollment as a postsecondary student at
an approved private or public institution beginning with the fall, 1987, term and who meets
the other eligibility requirements for an academic scholarship shall, within the limits of the
funds appropriated and made available, be offered an academic scholarship in the amount of two
thousand dollars for the first academic year of study, which scholarship shall be renewable in
the amount of two thousand dollars annually for the second, third and fourth academic years or
as long as the recipient is in compliance with the applicable eligibility requirements set
forth in section 173.215 except as provided in this section, provided those years of study are
continuous and the student continues to meet eligibility requirements for the scholarship;
provided, however, if a recipient ceases all attendance at an approved public or private
institution for the purpose of providing service to a nonprofit organization, a state or
federal government agency or any branch of the armed forces of the United States, the
recipient shall be eligible for a renewal scholarship upon return to any approved public or
private institution, provided the recipient:
(1) Returns to full-time status within twenty-seven months;
(2) Provides verification in compliance with coordinating board for higher education rules
that the service to the nonprofit organization was satisfactorily completed and was not
compensated other than for expenses or that the service to the state or federal governmental
agency or branch of the armed forces of the United States was satisfactorily completed; and
(3) Meets all other requirements established for eligibility to receive a renewal scholarship.
6. A recipient of academic scholarship awarded under this section may transfer from one
approved Missouri public or private institution to another without losing eligibility for the
scholarship. If a recipient of the scholarship at any time withdraws from an approved private
or public institution so that under the rules and regulations of that institution he or she is
entitled to a refund of any tuition, fees or other charges, the institution shall pay the
portion of the refund attributable to the scholarship for that term to the coordinating board
for higher education.
7. Other provisions of this section to the contrary notwithstanding, if a recipient has been
awarded an initial academic scholarship pursuant to the provisions of this section but is
unable to use the scholarship during the first academic year because of illness, disability,
pregnancy or other medical need or if a recipient ceases all attendance at an approved public
or private institution because of illness, disability, pregnancy or other medical need, the
recipient shall be eligible for an initial or renewal scholarship upon enrollment in or return
to any approved public or private institution, provided the recipient:
(1) Enrolls in or returns to full-time status within twenty-seven months;
(2) Provides verification in compliance with coordinating board for higher education rules of
sufficient medical evidence documenting an illness, disability, pregnancy or other medical
need of such person to require that that person will not be able to use the initial or renewal
scholarship during the time period for which it was originally offered; and
(3) Meets all other requirements established for eligibility to receive an initial or a
renewal scholarship."; and
Further amend the title and enacting clause accordingly.
In which the concurrence of the House is respectfully requested.
MOTION
Representative Leake moved that the House refuse to recede from its position
on HCS SB 836 and grant the Senate a conference with the conferees being
allowed to exceed the differences.
Which motion was adopted.
RE-APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker re-appointed the following Conference Committee to act with a like
committee from the Senate on the following bill:
SS #5 SCS HCS HBs 800, 812, 817 and 821: Representatives Hosmer, Schilling,
Smith, Murray (135) and Wooten
The Speaker resumed the Chair.
THIRD READING OF SENATE BILL
SCS SB 842, with House Committee Amendment No. 1, relating to federal officers
arrest powers, was taken up by Representative Green.
On motion of Representative Green, House Committee Amendment No. 1 was
adopted.
On motion of Representative Green, SCS SB 842, as amended, was read the third
time and passed by the following vote:
AYES: 156
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Lumpe Marble Marshall 26 Marshall 133
May 108 Mays 50 McBride McClelland McLuckie
Monaco Montgomery Morgan Murphy Murray 69
Murray 135 Naeger Nordwald O'Connor O'Toole
Oetting Ostmann Overschmidt Pauley Pouche
Prost Pryor Relford 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: 006
Goward Gunn Hand Kelley 47 Kelly 27
O'Neill
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Rizzo, title to the bill was agreed to.
Representative Tate moved that the vote by which the bill passed be
reconsidered.
Representative Smith moved that motion lay on the table.
The latter motion prevailed.
MOTION
On motion of Representative Stoll, SS SCS HB 1113, as amended, was adopted by
the following vote:
AYES: 154
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hoppe
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelly 27 Kissell Klumb Koller
Kreider Lakin Leake Legan Levin
Liese Linton Lograsso Long Loudon
Luetkenhaus Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murphy Murray 69 Murray 135
Naeger Nordwald O'Connor O'Toole Oetting
Ostmann Overschmidt Pauley Pouche Prost
Pryor Relford 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
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: 008
Goward Gunn Hand Hohulin Kelley 47
Lumpe O'Neill Thompson 37
VACANCY: 001
On motion of Representative Stoll, SS SCS HB 1113, as amended, was truly
agreed to and finally passed by the following vote:
AYES: 149
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Champion Childers
Cierpiot Clayton Cooper Copeland Crum 112
Crump 152 Daniel 42 Daniels 41 Davis Days
Donovan Dougherty Edwards-Pavia Elliott Enz
Evans Farmer Farnen Fiebelman Fitzwater
Foley Ford Foster Franklin Froelker
Garnett Gaskill Gibbons Graham Gratz
Green Griesheimer Gross Hagan-Harrell Hall
Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman
Hendrickson Hickey Hohulin Hoppe Hosmer
Howerton Jacob Kasten Kauffman Keeven
Kelly 27 Kissell Klumb Koller Kreider
Lakin Leake Legan Levin Liese
Linton Lograsso Long Loudon Luetkenhaus
Lumpe Marble Marshall 26 Marshall 133 May 108
Mays 50 McBride McClelland McLuckie Monaco
Montgomery Morgan Murray 69 Murray 135 Naeger
Nordwald O'Connor O'Toole Oetting Ostmann
Overschmidt Pauley Pouche Prost Relford
Reynolds Richardson Ridgeway Rizzo Robirds
Ross Scheve Schilling Schwab Scott
Sears 1 Secrest Shear 83 Sheldon 104 Shelton 57
Shields Skaggs Sombart Steen Stokan
Stoll Summers Surface Tate Thomason 163
Thompson 37 Treadway Troupe Van Zandt Vogel
Wannenmacher Ward Whiteside Wieland Wiggins
Williams 159 Witt Wooten Mr. Speaker
NOES: 001
Carter
PRESENT: 000
ABSENT WITH LEAVE: 012
Chrismer Goward Gunn Hand Kelley 47
Murphy O'Neill Pryor Ribaudo Sallee
Smith Williams 121
VACANCY: 001
The Speaker declared the bill passed.
On motion of Representative Sears (1), title to the bill was agreed to.
Representative Luetkenhaus moved that the vote by which the bill passed be
reconsidered.
Representative Lumpe moved that motion lay on the table.
The latter motion prevailed.
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like
committee from the Senate on the following bill:
HCS SB 836: Representatives Leake, Copeland, Liese, Elliott anddby
Wannenmacher.
Seventy-seventh Day-Friday, May 17, 1996
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 HB 992, entitled:
An act to repeal section 454.360, RSMo 1994, relating to enforcement of
support law, and to enact in lieu thereof fifty-five new sections relating to
the same subject, with an effective date.
With Senate Amendment No. 1
Senate Amendment No. 1
Amend House Bill No. 992, Page 1, Section Title, Line 2-3 by striking said lines and inserting
in lieu thereof the following: "To repeal sections 210.150, 210.152 and 210.183, RSMo 1994,
relating to child protection and support, and to enact in lieu thereof fifty-six new sections
relating to the same subject, with an effective date."; and
Further amend said bill, page 1, section A, line 1, by striking said line and inserting in
lieu thereof the following:
"Section A. Sections 210.150, 210.152 and 210.183, RSMo 1994, are repealed and fifty-six new
sections enacted in lieu thereof,"; and further on line 2, by inserting immediately after the
word "sections" the following: "210.150, 210.152, 210.183,"; and
Further amend said bill, page 1, section A, line 7, by inserting immediately after said line,
the following:
"210.150. 1. The division of family services shall ensure the confidentiality of all reports
and records made pursuant to sections 210.109 to 210.183 and maintained by the division, its
local offices, the central registry, and other appropriate persons, officials, and
institutions pursuant to sections 210.109 to 210.183. To protect the rights of the family and
the child named in the report as a victim, the division of family services shall establish
guidelines which will ensure that any disclosure of information concerning the abuse and
neglect involving that child is made only to persons or agencies that have a right to such
information. The division may require persons to make written requests for access to records
maintained by the division. The division shall only release information to persons who have a
right to such information. The division shall notify persons receiving information pursuant to
subdivisions (2), (7), (8) and (9) of subsection 2 of this section of the purpose for which
the information is released and of the penalties for unauthorized dissemination of
information. Such information shall be used only for the purpose for which the information is
released.
2. Only the following persons shall have access to investigation records contained in the
central registry:
(1) Appropriate federal, state or local criminal justice agency personnel, or any agent of
such entity, with a need for such information under the law to protect children from abuse or
neglect;
(2) A physician or a designated agent who reasonably believes that the child being examined
may be abused or neglected;
(3) Appropriate staff of the division and of its local offices, including interdisciplinary
teams which are formed to assist the division in investigation, evaluation and treatment of
child abuse and neglect cases or a multidisciplinary provider of professional treatment
services for a child referred to the provider;
(4) Any child named in the report as a victim, or a legal representative, or the parent, if
not the alleged perpetrator, or guardian of such person when such person is a minor, or is
mentally ill or otherwise incompetent, but the names of reporters shall not be furnished to
persons in this category. Prior to the release of any identifying information, the division of
family services shall determine if the release of such identifying information may place a
person's life or safety in danger. If the division makes the determination that a person's
life or safety may be in danger, the identifying information shall not be released. The
division shall provide a method for confirming or certifying that a designee is acting on
behalf of a subject;
(5) Any alleged perpetrator named in the report, but the names of reporters shall not be
furnished to persons in this category. Prior to the release of any identifying information,
the division of family services shall determine if the release of such identifying information
may place a person's life or safety in danger. If the division makes the determination that a
person's life or safety may be in danger, the identifying information shall not be released.
However, the investigation reports will not be released to any alleged perpetrator with
pending criminal charges arising out of the facts and circumstances named in the investigation
records until an indictment is returned or an information filed;
(6) A grand jury, juvenile officer, prosecuting attorney, law enforcement officer involved in
the investigation of child abuse or neglect, juvenile court or other court conducting abuse or
neglect or child protective proceedings, and other federal, state and local government
entities, or any agent of such entity, with a need for such information in order to carry out
its responsibilities under the law to protect children from abuse or neglect;
(7) Any person engaged in a bona fide research purpose, with the permission of the director;
provided, however, that no information identifying the child named in the report as a victim
or the reporters shall be made available to the researcher, unless the identifying information
is essential to the research or evaluation and the child named in the report as a victim or,
if the child is less than eighteen years of age, through the child's parent, or guardian
provides written permission;
(8) Any child care facility; child placing agency; residential care facility, including group
homes; juvenile courts; public or private elementary schools; public or private secondary
schools; or any other public or private agency exercising temporary supervision over a child
or providing or having care or custody of a child who may request an examination of the
central registry from the division for all employees and volunteers or prospective employees
and volunteers, who do or will provide services or care to children. Any agency or business
recognized by the division of family services or business which provides training and places
or recommends people for employment or for volunteers in positions where they will provide
services or care to children may request the division to provide an examination of the central
registry. Such agency or business shall provide verification of its status as a recognized
agency. Requests for examinations shall be made to the division director or the director's
designee in writing by the chief administrative officer of the above homes, centers, public
and private elementary schools, public and private secondary schools, agencies, or courts.
The division shall respond in writing to that officer. The response shall include information
pertaining to the nature and disposition of any report or reports of abuse or neglect revealed
by the examination of the central registry. This response shall not include any identifying
information regarding any person other than the alleged perpetrator of the abuse or neglect;
(9) Any person who inquires about a child abuse or neglect report involving a specific child
care facility, child placing agency, residential care facility, public and private elementary
schools, public and private secondary schools, juvenile court or other state agency. The
information available to these persons is limited to the nature and disposition of any report
contained in the central registry and shall not include any identifying information pertaining
to any person mentioned in the report;
(10) Any state agency acting pursuant to statutes regarding a license of any person,
institution, or agency which provides care for or services to children;
(11) Any child fatality review panel established pursuant to section 210.192 or any state
child fatality review panel established pursuant to section 210.195.
3. Only the following persons shall have access to records maintained by the division pursuant
to section 210.152 for which the division has received a report of child abuse and neglect and
which the division has determined that there is insufficient evidence or in which the division
proceeded with the family assessment and services approach:
(1) Appropriate staff of the division;
(2) Any child named in the report as a victim, or a legal representative, or the parent or
guardian of such person when such person is a minor, or is mentally ill or otherwise
incompetent. The names or other identifying information of reporters shall not be furnished to
persons in this category. Prior to the release of any identifying information, the division of
family services shall determine if the release of such identifying information may place a
person's life or safety in danger. If the division makes the determination that a person's
life or safety may be in danger, the identifying information shall not be released. The
division shall provide for a method for confirming or certifying that a designee is acting on
behalf of a subject;
(3) Any alleged perpetrator named in the report, but the names of reporters shall not be
furnished to persons in this category. Prior to the release of any identifying information,
the division of family services shall determine if the release of such identifying information
may place a person's life or safety in danger. If the division makes the determination that a
person's life or safety may be in danger, the identifying information shall not be released.
However, the investigation reports will not be released to any alleged perpetrator with
pending criminal charges arising out of the facts and circumstances named in the investigation
records until an indictment is returned or an information filed;
(4) Any child fatality review panel established pursuant to section 210.192 or any state child
fatality review panel established pursuant to section 210.195;
(5) Appropriate criminal justice agency personnel or juvenile officer;
(6) Multidisciplinary agency or individual including a physician or physician's designee who
is providing services to the child or family, with the consent of the parent or guardian of
the child or legal representative of the child;
(7) Any person engaged in bona fide research purpose, with the permission of the director;
provided, however, that no information identifying the subjects of the reports or the
reporters shall be made available to the researcher, unless the identifying information is
essential to the research or evaluation and the subject, or if a child, through the child's
parent or guardian, provides written permission.
4. After a period of not less than [one year] sixty days following the notification of a
finding by the division, any person who is the subject of a report where there is insufficient
evidence of abuse or neglect may file a written appeal with the director of the division of
family services to order the records removed from the division and destroyed. If the person
who is a subject of a report where there is insufficient evidence of abuse or neglect, is
aggrieved by the decision of the director of the division of family services not to remove and
destroy the records, such person may petition the circuit court to order the records removed
from the division and destroyed. The division shall be named as respondent. Venue shall be in
the county where the person resides, or in circuits with split venue in the venue in which the
alleged perpetrator resides. If the alleged perpetrator is not a resident of the state, proper
venue shall be in Cole County, naming the division of family services as respondent.
5. No person with access to records maintained pursuant to subsection 3 of this section shall
use such records in any child custody or visitation proceeding.
6. Except as provided in subdivision (8) of subsection 2 of this section, no employer shall
have access to or use any employee's records, contained in the central registry or maintained
by the division pursuant to subsection 3 of this section, for the purpose of hiring,
promoting, firing, reassigning, demoting or making any other personnel decisions regarding
such employee.
7. Any person who knowingly violates the provisions of this section, or who permits or
encourages the unauthorized dissemination of information contained in the information system
or the central registry and in reports and records made pursuant to sections 210.109 to
210.183, shall be guilty of a class A misdemeanor.
210.152. 1. All identifying information, including telephone reports reported pursuant to
section 210.145, relating to reports of abuse or neglect received by the division shall be
retained by the division and removed from the records of the division as follows:
(1) For investigation reports contained in the central registry, identifying information shall
be retained by the division;
(2) For investigation reports where insufficient evidence of abuse or neglect is found by the
division, identifying information shall be retained for [five] three years from the date of
the report or from the date of the closing of a case opened by the division in response to the
report or from the date of the last report if there were subsequent reports, whichever is
later. Such report shall include any exculpatory evidence known by the division, including
exculpatory evidence obtained after the closing of the case. At the end of such [five-year]
three-year period, the identifying information shall be removed from the records of the
division and destroyed;
(3) Any person, official or institution intentionally filing a false report shall be subject
to the penalty provisions as provided by section 210.165. In addition, in the case of court
adjudication as provided by section 210.165, any person or official employed by the division
intentionally filing a false report of child abuse or neglect shall be subject to the
following:
(a) Suspension of employment not to exceed three months for a first offense;
(b) Termination of employment for a second offense.
(4) For reports where the division uses the family assessment and services approach,
identifying information shall be retained by the division;
[(4)] (5) For reports in which the division is unable to locate the child alleged to have been
abused or neglected, identifying information shall be retained for ten years from the date of
the report and then shall be removed from the records of the division.
2. Within ninety days after receipt of a report of abuse or neglect that is investigated, the
alleged perpetrator named in the report and the parents of the child named in the report, if
the alleged perpetrator is not a parent, shall be notified in writing of any determination
made by the division based on the investigation. The notice shall advise either:
(1) That the division has determined that there is probable cause to suspect abuse or neglect
exists and that the division shall retain all identifying information regarding the abuse or
neglect; that such information shall remain confidential and will not be released except to
law enforcement agencies, prosecuting or circuit attorneys, or as provided in section 210.150;
that the alleged perpetrator has sixty days from the date of receipt of the notice to seek
reversal of the division's determination through a review by the child abuse and neglect
review board as provided in subsection 3 of this section;
(2) There is insufficient probable cause of abuse or neglect. The notice will also inform the
person who is the subject of a report where there is insufficient evidence of abuse or
neglect, of the right to file a written appeal with the director of the division of family
services to order the records be removed from the division and destroyed. The notification
must continue and state that if the person who is the subject of a report where there is
insufficient evidence of abuse or neglect, is aggrieved by the decision of the director of the
division of family services not to remove and destroy the records, such person may petition
the circuit court to order the records removed from the division and destroyed.
3. Any person named in an investigation as a perpetrator who is aggrieved by a determination
of abuse or neglect by the division as provided in this section may seek an administrative
review by the child abuse and neglect review board pursuant to the provisions of section
210.153. Such request for review shall be made within sixty days of notification of the
division's decision under this section. In those cases where criminal charges arising out of
facts of the investigation are pending, the request review shall be made within sixty days
from the court's final disposition or dismissal of the charges.
4. In any such action for administrative review, the child abuse and neglect review board
shall sustain the division's determination if such determination is supported by evidence of
probable cause and is not against the weight of such evidence. The child abuse and neglect
review board hearing shall be closed to all persons except the parties, their attorneys and
those persons providing testimony on behalf of the parties.
5. If the alleged perpetrator is aggrieved by the decision of the child abuse and neglect
review board, the alleged perpetrator may seek de novo judicial review in the circuit court in
the county in which the alleged perpetrator resides and in circuits with split venue, in the
venue in which the alleged perpetrator resides, or in Cole County. If the alleged perpetrator
is not a resident of the state, proper venue shall be in Cole County. The case may be assigned
to the family court division where such a division has been established. The request for a
judicial review shall be made within sixty days of the notification of the decision of the
child abuse and neglect review board decision. In reviewing such decisions, the circuit court
shall provide the alleged perpetrator the opportunity to appear and present testimony. The
alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter.
However, the circuit court shall have the discretion to allow the parties to submit the case
upon a stipulated record.
6. In any such action for administrative review the child abuse and neglect review board shall
notify the child or the parent, guardian or legal representative of the child that a review
has been requested.
210.183. 1. At the time of the initial investigation of a report of child abuse or neglect,
the division employee conducting the investigation shall provide the alleged perpetrator with
a written description of the investigation process. Such written notice shall be given
substantially in the following form:
"The investigation is being undertaken by the Division of Family Services pursuant to the
requirements of chapter 210 of the Revised Missouri Statutes in response to a report of child
abuse or neglect.
"The identity of the person who reported the incident of abuse or neglect is confidential and
may not even be known to the Division since the report could have been made anonymously.
"This investigation is required by law to be conducted in order to enable the Division of
Family Services to identify incidents of abuse or neglect in order to provide protective or
preventive social services to families who are in need of such services.
"The division shall make every reasonable attempt to complete the investigation within thirty
days. Within ninety days you will receive a letter from the Division which will inform you of
one of the following:
"(1) That the Division has found insufficient evidence of abuse or neglect; that the subject
of a report where there is insufficient evidence of abuse or neglect has the right to file a
written appeal with the director of the division of family services to order the records be
removed from the division and destroyed. The notification must continue and state that if the
person who is the subject of a report where there is insufficient evidence of abuse or
neglect, is aggrieved by the decision of the director of the division of family services not
to remove and destroy the records, such person may petition the circuit court to order the
records removed from the division and destroyed; or
"(2) That there appears to be probable cause to suspect the existence of child abuse or
neglect in the judgment of the Division and that the Division will contact the family to offer
social services.
"If the Division finds there is probable cause to believe child abuse or neglect has occurred
or the case is substantiated by court adjudication, a record of the report and information
gathered during the investigation will remain on file with the Division.
"If you disagree with the determination of the Division and feel that there is insufficient
probable cause to believe abuse or neglect has occurred, you have a right to request an
administrative review at which time you may hire an attorney to represent you. If you request
an administrative review on the issue, you will be notified of the date and time of your
administrative review hearing by the child abuse and neglect review board. If the division's
decision is reversed by the child abuse and neglect review board, the Division records
concerning the report and investigation will be updated to reflect such finding. If the child
abuse and neglect review board upholds the division's decision, an appeal may be filed in
circuit court within sixty days of the child abuse and neglect review board's decision."
2. If the division uses the family assessment approach, the division shall at the time of the
initial contact provide the parent of the child with the following information:
(1) The purpose of the contact with the family;
(2) The name of the person responding and his office telephone number;
(3) The assessment process to be followed during the division's intervention with the family
including the possible services available and expectations of the family."
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 President Pro Tem has appointed the following
Conference Committee to act with a like Committee from the House on HCS SB
836: Senators Quick, McKenna, Johnson, Treppler and Klarich.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report #2 on SCS HCS HB 1557 and 1489, as amended, and has taken up
and passed CCS #2 SCS HCS HB 1557 and 1489.
Emergency clause adopted.
MOTION
Representative Harlan moved that the House refuse to concur in Senate
Amendment No. 1 to HB 992 and request the Senate to recede from its position
or, failing to do so, grant the House a conference.
Which motion was adopted.
BILLS IN CONFERENCE
CONFERENCE COMMITTEE REPORT
FOR SENATE SUBSTITUTE
FOR SENATE COMMITTEE SUBSTITUTE
FOR HOUSE BILL NO. 1362
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on Senate Substitute for Senate Committee Substitute
for House Bill No. 1362, begs leave to report that we, after free and fair
discussion of the differences between the House and Senate, have agreed to
recommend and do recommend to the respective bodies as follows:
1. That the House recede from its position on House Bill No. 1362;
2. That the Senate recede from its position on Senate Substitute for Senate
Committee Substitute for House Bill No. 1362, as amended;
3. That the attached Conference Committee Substitute for Senate Substitute for
Senate Committee Substitute for House Bill No. 1362, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Brent Evans /s/ Jim Mathewson
/s/ Gene Copeland /s/ Bill Kenney
/s/ Ed Hartzler /s/ Bill McKenna
Scott Lakin /s/ Franc Flotron
Phil Smith /s/ Sidney Johnson
On motion of Representative Evans, Rule 60 was suspended and CCR SS SCS HB
1362, as amended, was adopted by the following vote:
AYES: 157
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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: 005
Goward Gunn Hand Kelley 47 O'Neill
On motion of Representative Evans, CCS SS SCS HB 1362 was read the third time
and passed by the following vote:
AYES: 157
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Bray 84 Broach
Brown Burton Canuteson Carter Champion
Childers Chrismer Cierpiot Clayton Cooper
Copeland Crum 112 Crump 152 Daniel 42 Daniels 41
Davis Days Donovan Dougherty Edwards-Pavia
Elliott Enz Evans Farmer Farnen
Fiebelman Fitzwater Foley Ford Foster
Franklin Froelker Garnett Gaskill Gibbons
Graham Gratz Green Griesheimer Gross
Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124
Heckemeyer Hegeman Hendrickson Hickey Hohulin
Hoppe Hosmer Howerton Jacob Kasten
Kauffman Keeven Kelly 27 Kissell Klumb
Koller Kreider Lakin Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkenhaus Lumpe Marble Marshall 26
Marshall 133 May 108 Mays 50 McBride McClelland
McLuckie Monaco Montgomery Morgan Murphy
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford 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: 005
Goward Gunn Hand Kelley 47 O'Neill
VACANCY: 001
The Speaker declared the bill passed.
The emergency clause was adopted by the following vote:
AYES: 137
Akin Alter Auer Backer Ballard
Barnett 4 Barry 100 Bartelsmeyer Bennett 15 Bland
Boatright Bonner Boucher Broach Brown
Burton Canuteson Carter Childers Cierpiot
Clayton Cooper Copeland Crum 112 Crump 152
Daniel 42 Daniels 41 Davis Days Donovan
Dougherty Edwards-Pavia Elliott Enz Evans
Farmer Farnen Fiebelman Fitzwater Foley
Ford Foster Franklin Garnett Gaskill
Gibbons Graham Gratz Green Griesheimer
Gross Hagan-Harrell Hall Harlan Hartzler 123
Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey
Hosmer Howerton Jacob Kasten Kauffman
Keeven Kelly 27 Kissell Klumb Kreider
Lakin Leake Legan Levin Liese
Linton Long Loudon Luetkenhaus Marble
Marshall 26 Marshall 133 May 108 Mays 50 McBride
McClelland McLuckie Monaco Montgomery Morgan
Murray 69 Murray 135 Naeger Nordwald O'Connor
O'Toole Oetting Ostmann Overschmidt Pauley
Pouche Prost Pryor Relford Reynolds
Rizzo Robirds Ross Sallee Scheve
Schwab Scott Sears 1 Secrest Sheldon 104
Shelton 57 Shields Skaggs Smith Sombart
Stokan Stoll Summers Surface Tate
Thomason 163 Thompson 37 Treadway Troupe Vogel
Wannenmacher Ward Whiteside Williams 121 Williams 159
Wooten Mr. Speaker
NOES: 018
Bray 84 Chrismer Froelker Hohulin Hoppe
Koller Lograsso Lumpe Murphy Richardson
Ridgeway Schilling Shear 83 Steen Van Zandt
Wieland Wiggins Witt
PRESENT: 000
ABSENT WITH LEAVE: 007
Champion Goward Gunn Hand Kelley 47
O'Neill Ribaudo
VACANCY: 001
On motion of Representative Farnen, title to the bill was agreed to.
Representative Fiebelman moved that the vote by which the bill passed be
reconsidered.
Representative Fitzwater moved that motion lay on the table.
The latter motion prevailed.
CONFERENCE COMMITTEE REPORT NO. 2
FOR SENATE SUBSTITUTE NO. 5
FOR SENATE COMMITTEE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR HOUSE BILLS NOS. 800, 812, 817 AND 821
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate, on SS #5 SCS HCS House Bills Nos. 800, 812, 817 and
821, as amended; begs leave to report that we, after free and fair discussion
of the differences between the House and Senate, have agreed to recommend and
do recommend to the respective bodies as follows:
1. That the House recede from its position on HCS HBs Nos. 800, 812, 817 and
821;
2. That the Senate recede from its position on SS#5 SCS HCS HBs Nos. 800, 812,
817 and 821, as amended;
3. That the attached CCA No. 1 and CCS SS #5 SCS HCS HBs Nos. 800, 812, 817
and 821, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Craig Hosmer /s/ Harold L. Caskey
/s/ Connie Wible Murray (135) /s/ Joe Moseley
/s/ Chuck Wooten /s/ Morris Westfall
/s/ Phil Smith /s/ Sam Graves
/s/ Mike Schilling /s/ Joe Maxwell
Conference Committee Amendment No. 1
AMEND Conference Committee Substitute for Senate Substitute for Senate Committee Substitute
for House Committee Substitute for House Bills Nos. 800, 812, 817 and 821, pages 25-27,
section 221.355, by removing all of said section from the bill; and
Further amend said bill, section 451.020, page 60, line 4, by striking the words "between two
persons of the same sex"; and
Further amend said bill, page 112, section 5, by removing all of said section from the bill.
Representative Hosmer moved that Rule 60 be suspended and CCR #2 SS #5 SCS HCS
HBs 800, 812, 817 and 821, as amended, with Conference Committee Amendment No.
1, be adopted.
CCR #2 SS #5 SCS HCS HBs 800, 812, 817 and 821, as amended, with Conference
Committee Amendment No. 1, was placed back on the calendar.
CONFERENCE COMMITTEE REPORT
FOR CONFERENCE COMMITTEE SUBSTITUTE
FOR HOUSE SUBSTITUTE
FOR HOUSE COMMITTEE SUBSTITUTE
FOR SENATE BILL NO. 888
Mr. Speaker: Your Conference Committee, appointed to confer with a like
committee of the Senate on House Substitute for House Committee Substitute for
Senate Bill No. 888, as amended, begs leave to report that we, after free and
fair discussion of the differences between the House and Senate, have agreed
to recommend and do recommend to the respective bodies as follows:
1. That the House recede from its position on House Substitute for House
Committee Substitute for Senate Bill No. 888, as amended;
2. That the Senate recede from its position on Senate Bill No. 888;
3. That the attached Conference Committee Substitute for House Substitute for
House Committee Substitute for Senate Bill No. 888, be adopted.
FOR THE HOUSE: FOR THE SENATE:
/s/ Ken Jacob /s/ Wayne Goode
/s/ Dana L. Murray /s/ Mike Lybyer
/s/ Jason Klumb /s/ James Mathewson
/s/ Delbert Scott John T. Russell
Rich Chrismer Walt Mueller
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted HS HCS SCS SBs 604,
666 and 816 and has taken up and passed HS HCS SCS SBs 604, 666 and 816.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representative that the Senate has receded from its position on SA 1 to HB 992
and has taken up and passed HB 992.
Mr. Speaker: I am instructed by the Senate to inform the House of
Representatives that the Senate has taken up and adopted the Conference
Committee Report on SS SCS HB 1362, as amended, and has taken up and passed
CCS SS SCS HB 1362.
Emergency clause adopted.
OATH OF OFFICE
Chief Clerk of Missouri House of Representatives, Anne Walker, advanced to the
bar and subscribed to the oath of office, which was administered by the
Honorable Steve Gaw, Speaker of the Missouri House of Representatives.
ADJOURNMENT
On motion of Representative Backer, the House adjourned until 12:00 noon,
Thursday, May 23, 1996.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Thursday, May 16, 1997, page 3, roll call, by showing
Representatives Robirds, Brown, Shields and Days voting "aye" rather than
"absent with leave".
Page 4, roll call, by showing Representatives Loudon, Kelly (27) and Brown
voting "aye" rather than "absent with leave".
Page 5, roll call, by showing Representatives Kelly (27) and Bartelsmeyer
voting "aye" rather than "absent with leave".
Pages 5 and 6, roll call, by showing Representatives Kelly (27) and Relford
voting "aye" rather than "absent with leave".
Pages 7 and 8, roll call, by showing Representatives Kelly (27) and Leake
voting "aye" rather than "absent with leave".
Pages 10 and 11, roll call, by showing Representatives Leake and May (108)
voting "aye" rather than "absent with leave".
Page 14, roll call, by showing Representatives Gratz and Hartzler (124) voting
"aye" rather than "absent with leave".
Page 15, roll call, by showing Representatives Robirds, Gratz, Hartzler (124),
Champion and Murphy voting "aye" rather than "absent with leave".
Page 23, roll call, by showing Representatives Farmer and McClelland voting
"aye" rather than "absent with leave".
Pages 38 and 39, roll call, by showing Representative Richardson voting "no"
rather than "absent with leave".
Pages 41 and 42, roll call, by showing Representatives Liese and Farmer voting
"present" rather than "absent with leave".
Pages 51 and 52, roll call, by showing Representatives Keeven and Liese voting
"aye" rather than "absent with leave".
Pages 52 and 53, roll call, by showing Representatives Keeven, Hosmer and
Liese voting "aye" rather than "absent with leave".
Page 53, roll call, by showing Representatives Keeven and Hosmer voting "aye"
rather than "absent with leave".
Page 61, roll call, by showing Representatives Farmer, Bennett, Keeven and
Liese voting "aye" rather than "absent with leave".