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House Journal - Day 049

House Journal



Second Regular Session, 89th General Assembly






FORTY-NINTH DAY, Tuesday, April 7, 1998

Speaker Gaw in the Chair.

Prayer by Reverend Cheryl L. Tatham.

O Lord, this week, by many, is called "Holy" - a week of special observances, a week of prayer and reflection, of opportunities to worship in our particular communities of faith. For many others it is simply another week of "business as usual." Whatever our understanding or belief about this season, we pause, at this particular moment, just to be grateful for another day of life. We acknowledge, with gratitude, the breath of life. We acknowledge, with gratitude, the blessings of rain to refresh the earth and of sun to warm us and encourage the growth of spring.

O God, sometimes in the midst of all the bad we read and hear, we forget that there is good in the world - the smile of encouragement from a friend, the hug and wet kiss of a child, the sense of accomplishment we feel when we recognize a project well done, the handshake of a grateful constituent. Lord, let us never forget to be thankful. Let us never forget to see Your hand at work in even the smallest delight of the day.

And now, O God, bless this Assembly in its work. Give them strength for the day and courage to make a difference. 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: Gerad Naeger, Alexis Borowick, Nick Lammers, Megan Prather, Jon Sobbe, Samantha Morris, Christopher Lohman, Daniel Zahner, Bonnie Nations, Tara Wilson, Clayton Verdot, Emily Masso, Maxwell L. Meile, Thomas Laubstein, Colleen Coburn, Quinn Gilliam, Amelia King, Kristina Hellwig, Rory O'Donnell, Lauren Rinck, Monica Schepers, Philipp Weber, Stacey Winkeler, Chris Hawk, Amanda Schodroski, Mallory Maisel, Amber Date, Shawn Horton, Jeff Conway, Kayley Wecker, Katherine Summers, Amy Brundage, Kyle Overton, Dennis Mickels, Katharina Blankenhagen, David West, Ravindar Lalsandhu, Crystal Schuler, Matthew Miller, Jacklyn McMillan and Jon Reed.

The Journal of the forty-eighth day was approved as corrected.

RESOLUTIONS

Representative Berkstresser offered House Resolution No. 744 through House Resolution No. 747, which were referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Levin offered House Resolution No. 748, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Richardson, Foster, Williams (159), Thomason (163) and Koller offered House Resolution No. 749, which was referred to the Committee on Miscellaneous Bills and Resolutions.

SECOND READING OF SENATE BILLS

SCS SBs 541 & 822 and SCS SB 921 were read the second time.

COMMITTEE REPORTS

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Backer reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1610, begs leave to report it has examined the same and pursuant to Rule 48 concurs in the report of the committee of origin to place said bill on the House Consent Calendar for Third Reading and Final Passage.

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Backer reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1610, begs leave to report it has examined the same and finds it to be truly perfected and that the printed copies thereof furnished the members are correct.

Representative Backer suggested the absence of a quorum.

The following roll call indicated a quorum present:

AYES: 153

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartlett Bauer

Berkstresser Boatright Bonner Boucher Bray 84

Broach Burton Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Copeland

Crawford Crump Daniel 42 Daniels 41 Davis 122

Davis 63 Days DeMarce Dolan Donovan

Dougherty Edwards-Pavia Elliott Enz Evans

Farnen Fitzwater Foley Ford Foster

Franklin Fritts Froelker Gaskill Gaston

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gross Hagan-Harrell Hall Harlan

Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson

Hickey Hilgemann Hohulin Hollingsworth Hoppe

Hosmer Howerton Johnson Kasten Kauffman

Kelley 47 Kelly 27 Kennedy Kissell Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Long Loudon

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McLuckie Merideth Miller Monaco

Murray Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Pouche

Pryor Purgason Ransdall Reinhart Relford

Reynolds Richardson Ridgeway Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Sheldon 104 Shelton 57

Shields Skaggs Smith Steen Stokan

Stoll Stroker Summers Surface Thomason 163

Thompson 37 Thompson 72 Treadway Troupe Van Zandt

Vogel Wannenmacher Wiggins Williams 121 Williams 159

Wilson Wooten Mr. Speaker

NOES: 000

PRESENT: 001

Lograsso

ABSENT WITH LEAVE: 008

Bennett Bland Gunn Holand Klindt

Murphy Shear Townley

VACANCIES: 001

HOUSE CONCURRENT RESOLUTION

HCR 10, relating to gun safety education, was taken up by Representative Crump.

On motion of Representative Crump, HCR 10 was adopted.

THIRD READING OF HOUSE BILLS - CONSENT

HB 1907, relating to employee background checks, was taken up by Representative Lakin.

On motion of Representative Lakin, HB 1907 was read the third time and passed by the following vote:

AYES: 155

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartlett Bauer

Berkstresser Boatright Bonner Boucher Bray 84

Broach Burton Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Copeland

Crawford Crump Daniel 42 Daniels 41 Davis 122

Davis 63 Days DeMarce Dolan Donovan

Dougherty Edwards-Pavia Elliott Enz Evans

Farnen Fitzwater Foley Ford Foster

Franklin Fritts Froelker Gaskill Gaston

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gross Hagan-Harrell Hall Harlan

Hartzler 123 Hartzler 124 Heckemeyer Hegeman Hendrickson

Hickey Hilgemann Hohulin Holand Hollingsworth

Hoppe Hosmer Howerton Johnson Kasten

Kauffman Kelley 47 Kelly 27 Kennedy Kissell

Klindt Koller Kreider Lakin Lawson

Leake Legan Levin Liese Linton

Lograsso Long Loudon Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McLuckie

Merideth Miller Monaco Murray Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Pouche Pryor Purgason

Ransdall Reinhart Relford Reynolds Richardson

Ridgeway Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Secrest

Seigfreid Sheldon 104 Shelton 57 Shields Skaggs

Smith Steen Stokan Stoll Summers

Surface Thomason 163 Thompson 37 Thompson 72 Treadway

Troupe Van Zandt Vogel Wannenmacher Wiggins

Williams 121 Williams 159 Wilson Wooten Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 007

Bennett Bland Gunn Murphy Shear

Stroker Townley

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Green, title to the bill was agreed to.

Representative Crump moved that the vote by which the bill passed be reconsidered.

Representative McBride moved that motion lay on the table.

The latter motion prevailed.

HB 1918, relating to affirmative defense to sexual offense, was taken up by Representative Lograsso.

On motion of Representative Lograsso, HB 1918 was read the third time and passed by the following vote:

AYES: 155

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartlett Bauer

Berkstresser Boatright Bonner Boucher Bray 84

Broach Burton Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Copeland

Crawford Crump Daniel 42 Daniels 41 Davis 122

Davis 63 Days DeMarce Dolan Donovan

Dougherty Edwards-Pavia Elliott Enz Evans

Farnen Fitzwater Ford Foster Franklin

Fritts Froelker Gaston Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Hagan-Harrell Hall Harlan Hartzler 123 Hartzler 124

Heckemeyer Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Hollingsworth Hoppe Hosmer

Howerton Johnson Kasten Kauffman Kelley 47

Kelly 27 Kennedy Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Lograsso Long

Loudon Luetkenhaus Marble May 108 Mays 50

McBride McClelland McLuckie Merideth Miller

Monaco Murray Naeger Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Pouche Pryor Purgason Ransdall Reinhart

Relford Reynolds Richardson Ridgeway Rizzo

Robirds Ross Sallee Scheve Schilling

Schwab Scott Secrest Seigfreid Shear

Sheldon 104 Shelton 57 Shields Skaggs Smith

Steen Stokan Stoll Stroker Summers

Surface Thomason 163 Thompson 37 Thompson 72 Treadway

Troupe Van Zandt Vogel Wannenmacher Wiggins

Williams 121 Williams 159 Wilson Wooten Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 007

Bennett Bland Foley Gaskill Gunn

Murphy Townley

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Monaco, title to the bill was agreed to.

Representative Parker moved that the vote by which the bill passed be reconsidered.

Representative Stokan moved that motion lay on the table.

The latter motion prevailed.

HB 1928, relating to on-site sewage disposal, was taken up by Representative Parker.

On motion of Representative Parker, HB 1928 was read the third time and passed by the following vote:

AYES: 153

Akin Alter Backer Ballard Barnett

Barry 100 Bartelsmeyer Bartlett Bauer Berkstresser

Boatright Bonner Boucher Bray 84 Broach

Burton Campbell Carter Champion Chrismer

Cierpiot Clayton Cooper Copeland Crawford

Crump Daniel 42 Daniels 41 Davis 122 Davis 63

Days Dolan Donovan Dougherty Edwards-Pavia

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Franklin Fritts

Froelker Gaskill Gaston Gibbons Graham 106

Graham 24 Gratz Griesheimer Gross Hagan-Harrell

Hall Harlan Hartzler 123 Hartzler 124 Heckemeyer

Hegeman Hendrickson Hickey Hilgemann Hohulin

Holand Hollingsworth Hoppe Hosmer Howerton

Johnson Kasten Kauffman Kelley 47 Kelly 27

Kennedy Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Liese Linton Lograsso Long Loudon

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McLuckie Merideth Miller Monaco

Murray Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Pouche

Pryor Purgason Ransdall Reinhart Relford

Reynolds Richardson Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Shear Sheldon 104 Shelton 57

Shields Skaggs Smith Steen Stokan

Stoll Stroker Summers Surface Thomason 163

Thompson 37 Thompson 72 Treadway Troupe Van Zandt

Vogel Wannenmacher Wiggins Williams 121 Williams 159

Wilson Wooten Mr. Speaker

NOES: 004

Auer DeMarce Green Ridgeway

PRESENT: 000

ABSENT WITH LEAVE: 005

Bennett Bland Gunn Murphy Townley

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Schilling, title to the bill was agreed to.

Representative Treadway moved that the vote by which the bill passed be reconsidered.

Representative Kennedy moved that motion lay on the table.

The latter motion prevailed.

HB 1600, relating to commercial feed law, was taken up by Representative Williams (159).

On motion of Representative Williams (159), HB 1600 was read the third time and passed by the following vote:

AYES: 153

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartlett Bauer Berkstresser

Boatright Bonner Boucher Bray 84 Broach

Burton Campbell Carter Champion Chrismer

Cierpiot Clayton Cooper Copeland Crawford

Crump Daniel 42 Daniels 41 Davis 122 Davis 63

Days DeMarce Dolan Donovan Dougherty

Edwards-Pavia Elliott Enz Evans Farnen

Fitzwater Foley Ford Foster Franklin

Fritts Froelker Gaskill Gaston Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Hagan-Harrell Hall Harlan Hartzler 123

Hartzler 124 Heckemeyer Hegeman Hendrickson Hickey

Hilgemann Hohulin Hollingsworth Hoppe Hosmer

Howerton Johnson Kasten Kauffman Kelley 47

Kelly 27 Kennedy Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Lograsso Long

Loudon Marble May 108 Mays 50 McBride

McClelland McLuckie Merideth Miller Monaco

Murray Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Pouche

Pryor Purgason Ransdall Reinhart Relford

Reynolds Richardson Ridgeway Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Shear Sheldon 104

Shelton 57 Shields Skaggs Smith Steen

Stoll Stroker Summers Surface Thomason 163

Thompson 37 Thompson 72 Treadway Troupe Van Zandt

Vogel Wannenmacher Wiggins Williams 121 Williams 159

Wilson Wooten Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 009

Bartelsmeyer Bennett Bland Gunn Holand

Luetkenhaus Murphy Stokan Townley

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Farnen, title to the bill was agreed to.

Representative Overschmidt moved that the vote by which the bill passed be reconsidered.

Representative Ransdall moved that motion lay on the table.

The latter motion prevailed.

HB 1102, relating to death penalty for murder of a minor, was taken up by Representative Ostmann.

On motion of Representative Ostmann, HB 1102 was read the third time and passed by the following vote:

AYES: 138

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bauer Berkstresser

Boatright Bonner Boucher Broach Burton

Campbell Champion Chrismer Cierpiot Clayton

Cooper Copeland Crawford Crump Daniels 41

Davis 122 Davis 63 DeMarce Dolan Donovan

Edwards-Pavia Elliott Enz Evans Farnen

Fitzwater Foley Ford Foster Fritts

Froelker Gaskill Gaston Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Hagan-Harrell Hall Hartzler 123 Hartzler 124 Heckemeyer

Hegeman Hickey Hohulin Holand Hollingsworth

Hoppe Hosmer Howerton Johnson Kasten

Kauffman Kelly 27 Kennedy Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Linton Lograsso

Long Loudon Luetkenhaus Marble May 108

Mays 50 McBride McClelland Merideth Miller

Monaco Murray Naeger Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Pouche Pryor Purgason Ransdall Reinhart

Relford Richardson Ridgeway Rizzo Robirds

Ross Sallee Scheve Schwab Scott

Secrest Seigfreid Sheldon 104 Shelton 57 Shields

Skaggs Smith Steen Stokan Stoll

Summers Surface Thomason 163 Thompson 37 Treadway

Troupe Vogel Wannenmacher Wiggins Williams 121

Williams 159 Wooten Mr. Speaker

NOES: 017

Bartlett Bray 84 Carter Daniel 42 Days

Dougherty Harlan Hendrickson Hilgemann McLuckie

Reynolds Schilling Shear Stroker Thompson 72

Van Zandt Wilson

PRESENT: 000

ABSENT WITH LEAVE: 007

Bennett Bland Franklin Gunn Kelley 47

Murphy Townley

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Bonnor, title to the bill was agreed to.

Representative Campbell moved that the vote by which the bill passed be reconsidered.

Representative Kissell moved that motion lay on the table.

The latter motion prevailed.

HB 1610, relating to peace officers certification was taken up by Representative DeMarce.

HB 1610 was laid over.

THIRD READING OF HOUSE BILL

HCS HB 1038, relating to utility merchandising practices, was taken up by Representative Hickey.

On motion of Representative Hickey, HCS HB 1038 was read the third time and passed by the following vote:

AYES: 127

Alter Auer Backer Barnett Barry 100

Bartlett Bauer Boatright Bonner Boucher

Bray 84 Broach Carter Champion Chrismer

Cierpiot Clayton Copeland Crawford Crump

Daniel 42 Daniels 41 Davis 122 Davis 63 Days

DeMarce Dolan Donovan Dougherty Edwards-Pavia

Elliott Enz Evans Fitzwater Foley

Ford Foster Franklin Fritts Froelker

Gaston Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Hagan-Harrell Hall

Harlan Hartzler 124 Heckemeyer Hickey Hilgemann

Holand Hollingsworth Hoppe Hosmer Howerton

Kasten Kelley 47 Kelly 27 Kennedy Kissell

Klindt Koller Kreider Lakin Lawson

Leake Levin Liese Lograsso Long

Loudon Luetkenhaus May 108 McBride McLuckie

Merideth Miller Monaco Murray Naeger

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Pryor Purgason Ransdall Relford

Reynolds Richardson Ridgeway Rizzo Ross

Scheve Schilling Schwab Scott Secrest

Seigfreid Shear Sheldon 104 Shelton 57 Shields

Skaggs Smith Stoll Stroker Summers

Surface Thomason 163 Thompson 72 Treadway Vogel

Wannenmacher Wiggins Williams 121 Williams 159 Wilson

Wooten Mr. Speaker

NOES: 020

Akin Ballard Bartelsmeyer Berkstresser Burton

Campbell Cooper Farnen Hartzler 123 Hegeman

Hohulin Legan McClelland Nordwald Pouche

Reinhart Robirds Sallee Steen Van Zandt

PRESENT: 002

Hendrickson Linton

ABSENT WITH LEAVE: 013

Bennett Bland Gaskill Gunn Johnson

Kauffman Marble Mays 50 Murphy Stokan

Thompson 37 Townley Troupe

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Thomason (163), title to the bill was agreed to.

Representative Stroker moved that the vote by which the bill passed be reconsidered.

Representative Harlan moved that motion lay on the table.

The latter motion prevailed.

PERFECTION OF HOUSE BILL

HCS HBs 1237, 1409, 1166, 1154 & 1491, with HS, pending, relating to workers' compensation, was again taken up by Representative Luetkenhaus.

Representative Luetkenhaus offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bills Nos. 1237, 1409, 1166, 1154 & 1491, Page 85, Section 3, Line 21 of said page, by deleting all of said line and inserting in lieu thereof the following: "(1) Is at least seventeen and not more than twenty-two years"; and

Further amend said bill, Page 86, Section 3, Line 1 of said page, by deleting all of said line and inserting in lieu thereof the following: "(2) Is a Missouri citizen;"; and

Further amend said bill, Page 86, Section 3, Line 8 of said page, by inserting after the word "institution" the following: "in Missouri"; and

Further amend said bill, Page 86, Section 3, Line 9 of said page, by inserting after the word "institution" the following: "in Missouri"; and

Further amend said bill, Page 86, Section 3, Line 9 of said page, by inserting after all of said line the word "and"; and

Further amend said bill, Page 86, Section 3, Lines 10 to 12 of said page, by deleting all of said lines and inserting in lieu thereof the following: "(5) Establishes financial need."; and

Further amend said bill, Page 86, Section 3, Line 15 of said page, by deleting all of said line and inserting in lieu thereof the following: "private institution in Missouri or accredited vocational institution in Missouri to"; and

Further amend said bill, Page 86, Section 3, Line 18 of said page, by deleting all of said line and inserting in lieu thereof the following: "or public institution in Missouri or accredited vocational institution in Missouri so"; and

Further amend said bill, Page 87, Section 3, Line 2 of said page, by inserting after the figure "6." the following: "The provisions of sections 1 to 3 of this act shall only apply to state moneys used by KIDS CHANCE Inc. of Missouri and shall not apply to any moneys received by KIDS CHANCE Inc. from sources other than the state.

7. Scholarships provided pursuant to the provisions of sections 1 to 3 of this act shall not exceed the least of the following:

(1) The actual tuition, as defined in section 173.260, RSMo charged at an approved institution pursuant to this section where the individual is enrolled or accepted for enrollment; or

(2) The amount of tuition charged a Missouri resident at the University of Missouri for attendance.

8.".

On motion of Representative Luetkenhaus, House Amendment No. 1 was adopted by the following vote:

AYES: 149

Akin Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartlett Bauer

Berkstresser Boatright Bonner Boucher Bray 84

Broach Burton Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Copeland

Crawford Crump Daniel 42 Daniels 41 Davis 122

Davis 63 Days DeMarce Dolan Donovan

Dougherty Edwards-Pavia Elliott Enz Evans

Farnen Fitzwater Foley Ford Foster

Franklin Fritts Froelker Gaston Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Hagan-Harrell Harlan Hartzler 123 Hartzler 124

Heckemeyer Hegeman Hendrickson Hickey Hilgemann

Holand Hollingsworth Hoppe Hosmer Howerton

Johnson Kasten Kelley 47 Kelly 27 Kennedy

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Linton Lograsso Long Loudon Luetkenhaus

Marble May 108 Mays 50 McBride McClelland

McLuckie Merideth Miller Monaco Murray

Naeger Nordwald O'Toole Ostmann Overschmidt

Parker Patek Pouche Pryor Purgason

Ransdall Reinhart Relford Reynolds Richardson

Ridgeway Rizzo Robirds Ross Scheve

Schilling Schwab Scott Secrest Seigfreid

Shear Sheldon 104 Shelton 57 Shields Skaggs

Smith Steen Stokan Stoll Stroker

Summers Surface Thomason 163 Thompson 72 Treadway

Troupe Van Zandt Vogel Wannenmacher Wiggins

Williams 159 Wilson Wooten Mr. Speaker

NOES: 000

PRESENT: 000

ABSENT WITH LEAVE: 013

Bennett Bland Gaskill Gunn Hall

Hohulin Kauffman Murphy O'Connor Sallee

Thompson 37 Townley Williams 121

VACANCIES: 001

HCS HBs 1237, 1409, 1166, 1154 & 1491, with HS, as amended, pending, was laid over.

On motion of Representative Backer, the House recessed until 2:30 p.m.

AFTERNOON SESSION

The hour of recess having expired, the House was called to order by Speaker Pro Tem Kreider.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Caroline Long, Kalie Long, Darcy Long, Megan Long, John Roth, Kristina Benke and Sara Morris.

RESOLUTIONS

Representative Barry offered House Resolution No. 750, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Marble offered House Resolution No. 751, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representatives Fritts, Elliott and Auer offered House Resolution No. 752, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Hartzler (124) offered House Resolution No. 753, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Parker offered House Resolution No. 754, which was referred to the Committee on Miscellaneous Bills and Resolutions.

Representative Luetkenhaus offered House Resolution No. 755, which was referred to the Committee on Miscellaneous Bills and Resolutions.

THIRD READING OF HOUSE BILL - CONSENT

HB 1610, relating to peace officer certification, was again taken up by Representative DeMarce.

Representative Green made a privileged motion that HB 1610 lay on the table.

Which motion was defeated by the following vote:

AYES: 031

Barry 100 Bartlett Bray 84 Daniel 42 Davis 63

Donovan Elliott Foley Franklin Green

Hickey Hosmer Johnson Kennedy Kissell

Liese May 108 McLuckie Murray Overschmidt

Reynolds Scheve Schilling Sheldon 104 Shelton 57

Stroker Van Zandt Wannenmacher Williams 121 Wilson

Wooten

NOES: 116

Akin Alter Backer Ballard Barnett

Bartelsmeyer Bauer Berkstresser Boatright Bonner

Boucher Broach Burton Campbell Carter

Champion Chrismer Cierpiot Clayton Cooper

Crawford Crump Daniels 41 Davis 122 Days

DeMarce Dolan Edwards-Pavia Enz Evans

Farnen Fitzwater Foster Fritts Froelker

Gaskill Gaston Gibbons Graham 106 Graham 24

Gratz Griesheimer Gross Hagan-Harrell Hall

Harlan Hartzler 123 Hartzler 124 Heckemeyer Hegeman

Hendrickson Hilgemann Hohulin Holand Hoppe

Howerton Kasten Kauffman Kelley 47 Kelly 27

Klindt Koller Kreider Lakin Lawson

Leake Legan Levin Linton Lograsso

Long Loudon Luetkenhaus Marble McBride

McClelland Merideth Miller Monaco Naeger

Nordwald O'Connor O'Toole Ostmann Parker

Patek Pouche Pryor Purgason Ransdall

Reinhart Relford Richardson Ridgeway Rizzo

Robirds Ross Sallee Schwab Scott

Secrest Seigfreid Shields Skaggs Smith

Stokan Summers Surface Thomason 163 Thompson 72

Townley Treadway Vogel Wiggins Williams 159

Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 015

Auer Bennett Bland Copeland Dougherty

Ford Gunn Hollingsworth Mays 50 Murphy

Shear Steen Stoll Thompson 37 Troupe

VACANCIES: 001

HB 1610 was placed on the Informal Calendar.

PERFECTION OF HOUSE BILLS

HCS HBs 1237, 1409, 1166, 1154 & 1491, with HS, as amended, pending, relating to workers' compensation, was again taken up by Representative Luetkenhaus.

Representative Loudon offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bills Nos. 1237, 1409, 1166, 1154 & 1491, Page 1, In the Title, Line 6 of said page, by deleting the comma and figure ", 287.615"; and

Further amend said bill, Page 1, In the Title, Line 10 of said page, by deleting the word "twenty-eight" and inserting in lieu thereof the word "twenty-seven"; and

Further amend said bill, Page 1, Section A, Line 17 of said page, by deleting the comma and figure ", 287.615"; and

Further amend said bill, Page 1, Section A, Line 19 of said page, by deleting the word "twenty-eight" and inserting in lieu thereof the word "twenty-seven"; and

Further amend said bill, Page 2, Section A, Line 2 of said page, by deleting the figure and comma "287.615,"; and

Further amend said bill, Page 79, Section 287.615, Lines 5 to 22 of said page, by deleting all of said lines; and

Further amend said bill, Page 80, Section 287.615, Lines 1 to 13 of said page, by deleting all of said lines.

Representative Loudon moved that House Amendment No. 2 be adopted.

Which motion was defeated.

On motion of Representative Luetkenhaus, HS HCS HBs 1237, 1409, 1166, 1154 & 1491, as amended, was adopted by the following vote:

AYES: 139

Akin Alter Backer Ballard Barnett

Barry 100 Bartlett Bauer Berkstresser Boucher

Bray 84 Broach Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Copeland

Crawford Crump Daniel 42 Daniels 41 Davis 122

Davis 63 Days DeMarce Dolan Donovan

Dougherty Edwards-Pavia Elliott Enz Evans

Farnen Fitzwater Foley Ford Fritts

Gibbons Graham 106 Gratz Green Griesheimer

Gross Hagan-Harrell Hall Harlan Hartzler 123

Heckemeyer Hegeman Hendrickson Hickey Hilgemann

Holand Hollingsworth Hoppe Hosmer Howerton

Johnson Kasten Kauffman Kelley 47 Kelly 27

Kennedy Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Liese Linton Lograsso Long Luetkenhaus

May 108 Mays 50 McBride McClelland McLuckie

Merideth Miller Monaco Murray Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Pouche Pryor Purgason

Ransdall Reinhart Relford Reynolds Ridgeway

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Seigfreid Sheldon 104

Shelton 57 Shields Skaggs Smith Steen

Stokan Stoll Stroker Summers Surface

Thomason 163 Thompson 37 Thompson 72 Townley Treadway

Van Zandt Vogel Wannenmacher Wiggins Williams 121

Williams 159 Wilson Wooten Mr. Speaker

NOES: 011

Bartelsmeyer Boatright Burton Foster Froelker

Gaskill Hartzler 124 Hohulin Loudon Marble

Secrest

PRESENT: 000

ABSENT WITH LEAVE: 012

Auer Bennett Bland Bonner Franklin

Gaston Graham 24 Gunn Murphy Richardson

Shear Troupe

VACANCIES: 001

On motion of Representative Luetkenhaus, HS HCS HBs 1237, 1409, 1166, 1154 & 1491, as amended, was ordered perfected and printed.

HCS HBs 1405, 1109 & 1335, relating to civil commitment of sexual predators, was taken up by Representative Smith.

Representative Smith offered HS HCS HBs 1405, 1109 & 1335.

Speaker Gaw resumed the Chair.

Representative Clayton offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 & 1335, Page 1, In the Title, Lines 2 and 3 of said page, by deleting all of said lines and inserting in lieu thereof the following: "To repeal sections 566.617, 589.400, 589.407, 589.410, 589.414, 589.417 and 589.425, RSMo Supp. 1997, and to enact in lieu thereof nineteen new sections relating to the civil commitment of sexual predators, with penalty provisions and an effective date."; and

Further amend said bill, Page 1, Section 1, Line 6 of said page, by inserting before all of said line the following:

"Section A. Sections 566.617, 589.400, 589.407, 589.410, 589.414, 589.417 and 589.425, RSMo Supp. 1997, are repealed and nineteen new sections enacted in lieu thereof, to be known as sections 589.400, 589.407, 589.410, 589.414, 589.417, 589.425, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, to read as follows:

[566.617. 1. Except as provided in subsection 3 of this section, the statements, photographs, and fingerprints required by sections 566.600 to 566.625 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available to courts, prosecutors and law enforcement agencies.

2. Except as provided in subsection 3 of this section, the statements, photographs, and fingerprints required by sections 566.600 to 566.625 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall not be open to inspection by the public or any person, other than a regularly employed peace officer or law enforcement officer.

3. Notwithstanding any provision of law to the contrary, the local law enforcement agency shall provide a complete list of the names and addresses of each offender registered within such agency's jurisdiction as well as the crime for which such offender was convicted to any person upon request.]

589.400. 1. Sections 589.400 to 589.425 shall apply to:

(1) Any person who, since July 1, 1979, has been or is hereafter convicted of, received a suspended imposition of sentence for, been found guilty of, or pled guilty to committing, or attempting to commit, a felony offense of chapter 566, RSMo; or

(2) Any person who, since July 1, 1979, has been or is hereafter convicted of, received a suspended imposition of sentence for, been found guilty of, or pled guilty to committing, or attempting to commit one or more of the following offenses: kidnapping; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; incest; abuse of a child; used a child in a sexual performance; or promoting sexual performance by a child, and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under seventeen years of age; or

(3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

(4) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subdivision (1) or (2) of this subsection; or

(5) Any person who is a resident of this state who has, since July 1, 1979, or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere in any other state or under federal jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a felony violation of chapter 566, RSMo, or a felony violation of any offense listed in subdivision (2) of this subsection.

2. Any person to whom sections 589.400 to 589.425 applies shall, within fourteen days of coming into any county, register with the chief law enforcement official of the county in which such person resides. The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town or village law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town or village law enforcement agency, if so requested.

589.407. Any registration pursuant to sections 589.400 to 589.425 shall consist of completion of an offender registration form developed by the Missouri state highway patrol. Such form shall include, but is not limited to the following:

(1) A statement in writing signed by the person, giving the name, address, social security number and phone number of the person, the place of employment of such person, the crime which requires registration, whether the person was sentenced as a persistent or predatory offender pursuant to section 558.018, RSMo, the date [and], place, and a brief description of such crime, the date and place of the conviction or plea regarding such crime, the age and gender of the victim at the time of the offense and whether the person successfully completed the Missouri sexual offender program pursuant to section 589.040, if applicable; and

(2) The fingerprints and a photograph of the person.

589.410. [1.] The chief law enforcement official shall forward the completed offender registration form to the central repository within ten days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry.

[2. Notwithstanding any provision of law to the contrary, the chief law enforcement official, in accordance with rules promulgated by the department of public safety, shall release the information contained in the registration statement, as provided in subdivision (1) of section 589.407, made by an offender found to be a predatory sexual offender.]

589.414. 1. If any person required by sections 589.400 to 589.425 to register changes residence or address within the same county as such person's previous address, the person shall inform the chief law enforcement official in writing within fourteen days[,] of such new address and phone number, if the phone number is also changed.

2. If any person required by section 589.400 to 589.425 to register changes such person's residence or address to a different county, the person shall inform both the chief law enforcement official with whom the person last registered [of the new address] and the chief law enforcement official of the county having jurisdiction over the new residence or address in writing within fourteen days, of such new address and phone number, if the phone number is also changed.

3. Any person required by sections 589.400 to 589.425 to register who officially changes such person's name shall inform the chief law enforcement officer of such name change within seven days after such change is made.

4. In addition to the requirements of subsections 1 and 2 of this section, the following offenders shall contact the county law enforcement agency every ninety days to verify the information contained in their statement made pursuant to section 589.407:

(1) Any offender registered as a predatory or persistent offender;

(2) Any offender who is registered for a crime where the victim was less than eighteen years of age at the time of the offense; and

(3) Any offender who has pled guilty or been found guilty pursuant to section 589.425 of failing to register or submitting false information when registering.

589.417. 1. Except for the specific information listed in subsection 2 of this section, the complete statements[, photographs] and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall be available only to courts, prosecutors and law enforcement agencies.

2. [The statements, photographs and fingerprints required by sections 589.400 to 589.425 shall not be subject to the provisions of chapter 610, RSMo, and are not public records as defined in section 610.010, RSMo, and shall not be open to inspection by the public or any person, other than a regularly employed peace officer or law enforcement officer.]

Notwithstanding any provision of law to the contrary, the chief law enforcement official of the county shall maintain, for all offenders registered in such county, including those receiving a suspended imposition of sentence, a complete list of the names, addresses, crimes for which such offenders are registered, brief descriptions of such crimes, and photographs of such offenders. Any person may request such list from the chief law enforcement official of the county.

589.425. 1. Any person who is required to register pursuant to sections 589.400 to 589.425 [but] and:

(1) Includes any false information in such person's registration statement; or

(2) Fails to [do so] register; or

(3) Fails to timely verify registration information pursuant to section 589.414;

is guilty of a class A misdemeanor.

2. Any person who commits a second or subsequent violation of subsection 1 of this section is guilty of a class D felony."; and

Further amend said bill, Page 17, Section A, Lines 12 and 13 of said page, by deleting all of said lines and inserting in lieu thereof the following: "Section B. The provisions of section A of this act shall become effective January 1, 1999.".

On motion of Representative Clayton, House Amendment No. 1 was adopted.

Representative Parker offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 & 1335, Page 1, In the Title, Lines 2 and 3 of said page, by deleting all of said lines and inserting in lieu thereof the following: "To repeal section 589.410, RSMo Supp. 1997, and to enact in lieu thereof fourteen new sections relating to the civil commitment of sexual predators, with an effective date."; and

Further amend said bill, Page 1, Section 1, Line 6 of said page, by inserting before all of said line the following:

"Section A. Section 589.410, RSMo Supp. 1997, is repealed and fourteen new sections enacted in lieu thereof, to be known as sections 589.410, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, to read as follows:

589.410. 1. The chief law enforcement official shall forward the completed offender registration form to the central repository within ten days. The patrol shall enter the information into the Missouri uniform law enforcement system (MULES) where it is available to members of the criminal justice system upon inquiry.

2. Notwithstanding any provision of law to the contrary, the chief law enforcement official, in accordance with rules promulgated by the department of public safety, shall release the information contained in the registration statement, as provided in subdivision (1) of section 589.407, made by an offender found to be a predatory sexual offender.

3. Any person registered pursuant to the provisions of sections 589.400 to 589.425 for a sexual offense shall have such person's name, address, description, photograph, and the facts of the conviction published on the department of public safety's Internet web site."; and

Further amend said bill, Page 17, Section A, Lines 12 and 13 of said page, by deleting all of said lines and inserting in lieu thereof the following: "Section B. The provisions of section A of this act shall become effective January 1, 1999.".

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

Representative Carter offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 & 1335, Page 10, Section 6, Line 7, by inserting after said line the following language:

"The Department of Mental Health shall not place or house an offender determined to be a "sexually violent predator", pursuant to Section 1 to 13 of this act, with other mental health patients who have not been determined to be sexually violent predators."

On motion of Representative Carter, House Amendment No. 3 was adopted.

Representative Schilling offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bills Nos. 1405, 1109 & 1335, Page 17, Section 13, Line 11 of said page, by inserting after all of said line the following:

"Section 14. No funds, bed space, facilities or any other resources shall be diverted from any other mental health programs for use in any program developed pursuant to sections 1 to 13 of this act.".

Representative Schilling moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

AYES: 034

Bray 84 Carter Copeland Daniel 42 Davis 63

Days Donovan Dougherty Ford Franklin

Graham 24 Green Harlan Kasten Kennedy

Kissell Mays 50 McClelland Naeger O'Toole

Pryor Reynolds Schilling Sheldon 104 Shelton 57

Shields Stokan Stroker Summers Thompson 72

Troupe Van Zandt Williams 121 Wilson

NOES: 109

Akin Alter Backer Ballard Barnett

Barry 100 Bartelsmeyer Bartlett Bauer Berkstresser

Boatright Broach Burton Campbell Champion

Cierpiot Clayton Cooper Crawford Crump

Daniels 41 Davis 122 DeMarce Dolan Edwards-Pavia

Elliott Enz Evans Farnen Fitzwater

Foster Fritts Froelker Gaskill Gaston

Gibbons Graham 106 Gratz Griesheimer Gross

Hagan-Harrell Hartzler 123 Hartzler 124 Heckemeyer Hegeman

Hendrickson Hickey Hilgemann Hollingsworth Hoppe

Hosmer Howerton Johnson Kauffman Kelley 47

Kelly 27 Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Linton Long Loudon Luetkenhaus Marble

May 108 McBride McLuckie Merideth Miller

Monaco Murray Nordwald Ostmann Overschmidt

Parker Patek Pouche Purgason Ransdall

Reinhart Relford Richardson Ridgeway Rizzo

Robirds Ross Sallee Scheve Schwab

Scott Seigfreid Smith Steen Surface

Thomason 163 Townley Treadway Vogel Wannenmacher

Wiggins Williams 159 Wooten Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 019

Auer Bennett Bland Bonner Boucher

Chrismer Foley Gunn Hall Hohulin

Holand Lograsso Murphy O'Connor Secrest

Shear Skaggs Stoll Thompson 37

VACANCIES: 001

On motion of Representative Smith, HS HCS HBs 1405, 1109 & 1335, as amended, was adopted.

On motion of Representative Smith, HS HCS HBs 1405, 1109 & 1335, as amended, was ordered perfected and printed.

SIGNING OF SENATE BILL

All other business of the House was suspended while SCS SBs 707 & 484 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

PERFECTION OF HOUSE BILLS

HCS HBs 972 & 1310 was placed on the Informal Calendar.

HCS HB 1799, relating to domestic violence assaults, was taken up by Representative Stroker.

Representative Stokan offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1799, Page 1, Section 565.070, Line 11, by inserting immediately after the word "provocative" the following: "; or

(6) The person knowingly causes physical contact with an incapacitated person, as defined in section 475.010, RSMo, which a reasonable person, who is not incapacitated, would consider offensive or provocative".

On motion of Representative Stokan, House Amendment No. 1 was adopted.

Representative Parker offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1799, Page 2, Line 20, by deleting the language "When a class A misdemeanor" and inserting in lieu thereof the following: "against a family or household member committed in violation of the provisions of subdivision (1), (2), or (4) of subsection 1 of this section."

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

On motion of Representative Stroker, HCS HB 1799, as amended, was adopted.

On motion of Representative Stroker, HCS HB 1799, as amended, was ordered perfected and printed.

HCS HB 1537, relating to welfare to work protection act, was taken up by Representative Troupe.

Representative Monaco offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1537, Page 2, Section 3, Lines 11 to 15, by deleting all of said lines; and

Further amend said bill, Page 2, Section 3, Line 16, by deleting the number "3." and inserting in lieu thereof the number "2."; and

Further amend said bill, Page 3, Section 3, Line 28, by deleting the number "4." and inserting in lieu thereof the number "3.".

On motion of Representative Monaco, House Amendment No. 1 was adopted.

Representative Boucher offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1537, Page 3, Section 4, Line 14, by inserting after all of said line the following:

"Section 5. For the purposes of sections 5 to 7 of this act, the following terms mean:

(1) "Caseload standards", the minimum and maximum number of cases that an employee can reasonably be expected to perform in a normal work month based on the number of cases handled by, or the number of different job functions performed by, the employee;

(2) "Department", the department of social services;

(3) "Director", the director of the department of social services;

(4) "Professional caseload standards", caseload standards that are established by national setting authorities such as the Child Welfare League, National Eligibility Workers Associations and the National Association of Social Workers, or caseload standards used in other states which have similar job titles.

Section 6. 1. The director shall develop caseload standards based on the actual duties of employees in each program area of the department, after considering recommendations of the caseload standards advisory committee, established pursuant to section 7 of this act, and consistent with existing professional caseload standards.

2. In establishing standards pursuant to sections 5 to 7 of this act, the director shall:

(1) Ensure the standards are based on the actual duties of the caseworker;

(2) Ensure the standards are consistent with existing professional caseload standards; and

(3) Consider standards developed by other states for workers in similar positions of employment.

3. Such standards shall be used by the director as the basis of the department's personnel budget request to the governor.

4. If an employee has failed to satisfactorily complete assignments that are in excess of specified caseload standards, good faith efforts to complete such assignments shall be among the factors considered in the employee's performance evaluation and before any disciplinary action is imposed. If an employee's performance evaluation is lowered or discipline is imposed by a supervisor, the employee may file a grievance based on a claim of work expectations that exceed caseload standards, and the employee shall be entitled to an accelerated hearing of that grievance at the department director's level.

5. Subject to appropriations, the department shall use the standards established pursuant to sections 5 to 7 of this act to assign caseloads to individual employees.

Section 7. 1. The director shall convene, at least biannually, a caseload standards committee which shall consist of seven nonsupervisory employees of the department and three division directors of the department or their designees. A representative of the employees' certified majority organization shall also serve on the committee in an advisory capacity, but may not vote on any measure before the committee. The caseload standards advisory committee shall include as nearly as possible employees from each program area of the department.

2. The caseload standards advisory committee shall review professional and other caseload standards and recommendations the committee considers appropriate and recommend to the department minimum and maximum caseloads for each category of workers employed by the department.".

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

Representative Holand offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1537, Page 3, Section 4, Line 5, by deleting all of said line and inserting in lieu thereof the following: "county with more than one thousand active TANF cases;".

On motion of Representative Holand, House Amendment No. 3 was adopted.

Representative Purgason offered House Amendment No. 4.

House Amendment No. 4 was withdrawn.

Representative Smith assumed the Chair.

Representative Reinhart offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1537, Page 1, Section 1, Line 1, by deleting the number "4" and inserting in lieu thereof the number "5"; and

Further amend said bill, Page 1, Section 1, Line 3, by deleting the number "4" and inserting in lieu thereof the number "5"; and

Further amend said bill, Page 2, Section 2, Line 11, by inserting after all of said line the following:

"Section 3. Beginning on the day of application for work first program benefits, the applicant shall apply for work, apply for or engage in an approved work activity, or immediately go to work."; and

Further amend said bill, Page 2, Section 3, Line 1, by deleting the number "3" and inserting in lieu thereof the number "4"; and

Further amend said bill, Page 3, Section 4, Line 1, by deleting the number "4" and inserting in lieu thereof the number "5".

Representative Reinhart moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

AYES: 072

Akin Alter Ballard Barnett Bartelsmeyer

Berkstresser Boatright Broach Burton Champion

Chrismer Cierpiot Cooper Crawford Dolan

Donovan Edwards-Pavia Elliott Enz Evans

Foster Froelker Gaskill Gaston Gibbons

Graham 106 Griesheimer Gross Hall Hartzler 123

Hartzler 124 Hegeman Hendrickson Hohulin Holand

Howerton Kasten Kauffman Klindt Legan

Levin Linton Lograsso Long Loudon

Marble McClelland Merideth Miller Naeger

Nordwald Ostmann Patek Pouche Pryor

Purgason Reinhart Richardson Ridgeway Robirds

Ross Sallee Schwab Scott Shields

Steen Summers Surface Townley Vogel

Wannenmacher Wooten

NOES: 076

Backer Barry 100 Bartlett Bauer Boucher

Bray 84 Campbell Carter Clayton Crump

Daniel 42 Daniels 41 Davis 122 Davis 63 Days

DeMarce Farnen Fitzwater Foley Ford

Franklin Fritts Graham 24 Gratz Green

Hagan-Harrell Harlan Heckemeyer Hickey Hilgemann

Hollingsworth Hoppe Hosmer Johnson Kelly 27

Kennedy Kissell Koller Kreider Lakin

Lawson Leake Liese Luetkenhaus May 108

Mays 50 McBride McLuckie Monaco Murray

O'Toole Overschmidt Parker Ransdall Relford

Reynolds Rizzo Scheve Schilling Seigfreid

Sheldon 104 Shelton 57 Skaggs Smith Stoll

Stroker Thomason 163 Thompson 72 Treadway Troupe

Van Zandt Wiggins Williams 121 Williams 159 Wilson

Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 014

Auer Bennett Bland Bonner Copeland

Dougherty Gunn Kelley 47 Murphy O'Connor

Secrest Shear Stokan Thompson 37

VACANCIES: 001

Representative Lograsso requested a verification of the roll call on the adoption of House Amendment No. 4

Representative Gibbons offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 1537, Page 3, Section 4, Line 14, by adding after said line all of the following:

Section 5. Direct placement programs shall sanction the public assistance recipient who has been convicted (under federal or state law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has an element the possession, use or distribution of a controlled substance (as defined in section 802(6) of Tide 21, United States Code).

(1) The amount of assistance otherwise required to be provided under the Temporary Assistance/Work First Program to the family members of an individual to whom section 5 applies shall be reduced by the amount which would have otherwise been made available to the individual who has been convicted of such an offense.

(2) This prohibition shall not apply to convictions arising out of offenses occurring prior to the effective date of United States Public Law 104-193 on August 22, 1996.

(3) Each individual applying for benefits under the Temporary Assistance/Work First Program shall be required in the application process to state, in writing, whether the individual, or any member of the household of the individual, has been convicted of a crime described here.

Representative Monaco raised a point of order that House Amendment No. 5 goes beyond the scope of the bill.

Representative Smith requested a parliamentary ruling.

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

HCS HB 1537, as amended, with House Amendment No. 5, pending, was laid over.

COMMITTEE REPORTS

Committee on Civil and Administrative Law, Chairman Smith reporting:

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred SB 470, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred SB 684, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Civil and Administrative Law, to which was referred SB 764, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:

Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred SCS SB 820, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Ways and Means, Chairman Bray reporting:





Mr. Speaker: Your Committee on Ways and Means, to which was referred SB 535, begs leave

to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SCS SBs 541 & 822 - Environment and Energy

SS SCS SBs 583 & 645 - Critical Issues

RE-REFERRAL OF SENATE BILL

The following Senate Bill was re-referred to the Committee indicated:

SS SB 620 - Labor

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 498, entitled:

An act to amend chapter 407, RSMo, by adding thereto nine new sections relating solely to franchises and other agreements between motorcycle dealers and motorcycle manufacturers.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SB 781, entitled:

An act to repeal sections 162.081, 162.571, 162.581, 162.601, 162.621, 162.935, 163.161, 166.275 and 168.221, RSMo 1994, and sections 163.011 and 163.031, RSMo Supp. 1997, relating to education, and to enact in lieu thereof twenty-four new sections relating to the same subject with a contingent effective date for certain sections.

In which the concurrence of the House is respectfully requested.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, April 8, 1998.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Forty-eighth Day, Monday, April 6, 1998, pages 894 and 895, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".



Page 896, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".

Pages 896 and 897, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

AGRICULTURE

Wednesday, April 8, 1998. Hearing Room 9 upon morning adjournment.

Executive session will follow.

To be considered - SB 897, SB 596, SB 970, SB 610

BUDGET

Wednesday, April 8, 1998, 9:00 am. Hearing Room 9.

Possible executive session on previously heard bills.

To be considered - HB 1885, SJR 24

CHILDREN, YOUTH AND FAMILIES

Wednesday, April 8, 1998, 7:30 pm. Hearing Room 8. Possible executive session.

To be considered - SB 961

COMMERCE

Wednesday, April 8, 1998. Hearing Room 6 upon evening adjournment.

Executive session may follow.

To be considered - SB 828, SB 787, SB 927

CRIMINAL LAW

Wednesday, April 8, 1998, 8:00 pm. Hearing Room 9. Executive session will follow.

To be considered - SB 766, SB 634

EDUCATION - HIGHER

Wednesday, April 8, 1998, 12:30 pm. Hearing Room 8.

To be considered - SB 641, SB 884

ENVIRONMENT AND ENERGY

Thursday, April 9, 1998, 8:30 am. Hearing Room 6. Executive session to follow.

To be considered - SB 541

GOVERNMENTAL ORGANIZATION AND REVIEW

Wednesday, April 8, 1998. Side gallery upon morning adjournment.

Executive session.

JOINT COMMITTEE ON WETLANDS

Wednesday, April 8, 1998, 12:30 pm. Senate Committee Room 1. Big Muddy

National Fish and Wildlife Refuge presentation.U.S.Army Corps of Engineers

MISCELLANEOUS BILLS AND RESOLUTIONS

Wednesday, April 8, 1998, 9:00 am. Hearing Room 6.

To be considered - Executive Session - HCR 12, HB 1923, HB 1917, SB 615, SB 925, SB 642

MUNICIPAL CORPORATIONS

Wednesday, April 8, 1998. Hearing Room 7 upon morning adjournment.

To be considered - SB 629

PROFESSIONAL REGISTRATION & LICENSING

Wednesday, April 8, 1998, 8:00 pm. Hearing Room 5. Executive session to follow.

To be considered - SB 894, SB 940

RETIREMENT

Wednesday, April 8, 1998, 8:00 pm. Hearing Room 7. Executive session may follow.

To be considered - SB 761, SB 733, SB 841, SB 501

TRANSPORTATION

Wednesday, April 8, 1998, 1:00 pm. Hearing Room 5. Executive session to follow.

To be considered - HJR 52, HB 1772

UTILITIES REGULATION

Thursday, April 9, 1998, 8:30 am. Hearing Room 8.

To be considered - HB 1914, Executive Session - SB 561

HOUSE CALENDAR

Fiftieth Day, Wednesday, April 8, 1998

HOUSE BILLS FOR PERFECTION

1 HCS HB 1537, as amended, HA 5, pending, - Troupe

2 HCS HB 1317 - Fritts

3 HB 1876 - Leake

4 HCS HB 1510 - Campbell

5 HB 1126, HCA 1 - Thomason (163)

6 HCS HB 1265 - Kreider

7 HB 893, HCA 1 - Backer

8 HCS HB 1674 - Rizzo

9 HB 1564 - Relford

10 HCS HB 1737 & 1345 - Riback Wilson

HOUSE BILLS FOR PERFECTION - INFORMAL

HB 995 - Bray

HCS HB 972 & 1310 - Dougherty





HOUSE BILLS FOR PERFECTION - CONSENT

(April 2, 1998)

HB 1856 - Hosmer

(April 6, 1998)

HB 987 - Richardson

HOUSE BILLS FOR THIRD READING

1 HCS HB 1195, E.C. (Budget Fiscal 3-9-98) - May (108)

2 HS HCS HB 1198, (Budget Fiscal 4-1-98) - Auer

3 HS HCS HB 1656, (Budget Fiscal 4-2-98) - Bray

4 HS HCS HB 971, (Budget Fiscal 4-1-98) - Smith

5 HS HCS HB 1441, 937 & 1795 - Luetkenhaus

6 HB 1258, (Budget Fiscal 4-6-98) - Bland

7 HS HCS HB 977 & 1608 - Bauer

HOUSE BILLS FOR THIRD READING - INFORMAL

HS HCS HB 1323 - Green

HB 1610, - DeMarce - (Consent)

SENATE BILLS FOR SECOND READING

SCS SB 498

SS SCS SB 781

HOUSE RESOLUTIONS

HR 38, (March 10, 1998, pg. 511) - Williams (121)

HR 130, (March 10, 1998, pg. 511) - Gratz

HR 213, (March 10, 1998, pgs. 511 & 512) - Crawford






Missouri House of Representatives