House Journal

First Regular Session, 90th General Assembly

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THIRTY-EIGHTH DAY, Thursday, March 11, 1999

Speaker Gaw in the Chair.

Prayer by Representative Tim Green.

Dear God, please help this legislative body in the State of Missouri learn that patience is a blending of moral courage and perseverance.

Dear Lord, help us always to aim for the truth, for truth is fairness for everyone.

Dear Heavenly Father, always help us to remember that an error gracefully acknowledged is a victory won.

May God sleep on your pillow, may the road rise to meet you, may the wind be always at your back, may the sun shine warm upon your face, the rain falls soft upon your fields. Until we meet again, may God hold you in the palm of His Hand.

And may we all have a safe and enjoyable Spring break with our families.

Let us pray for Ryan McKenna's mother, Kathy, and our colleague Ralph Monaco who will be having surgery next week, and Milt Svetanics who suffered a heart attack last night and is in the hospital.

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: Stacy Ederle, Carrie Causino, Brian Ziegler, Mark Finegar and Lauren Lang.

The Journal of the thirty-seventh day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 409 and House Resolution No. 410 - Representatives Tudor and Hoppe

House Resolution No. 411 - Representative Luetkemeyer

House Resolution No. 412 - Representative O'Toole

House Resolution No. 413 and House Resolution No. 414 - Representative Abel

House Resolution No. 415 and House Resolution No. 416 - Representative Foster

House Resolution No. 417 - Representatives Ostmann, Dolan, Bennett, Gross, Kissell, Chrismer and Luetkenhaus

House Resolution No. 418 - Representative Robirds

House Resolution No. 419 - Representatives Riback Wilson and Harlan

House Resolution No. 420 - Representative Hohulin

House Resolution No. 421 - Representative Graham (106)

House Resolution No. 422 - Representative King

House Resolution No. 423 - Representatives Vogel and Gratz

SECOND READING OF HOUSE BILLS

HB 1027 through HB 1031 were read the second time.

SECOND READING OF SENATE CONCURRENT RESOLUTION

SCR 14 was read the second time.

SECOND READING OF SENATE BILLS

SB 142, SB 148, SB 196, SB 197, SB 201, SB 207, SB 348, SB 353, SCS SB 391, SCS SB 396, SCS SB 436 and SB 460 were read the second time.

COMMITTEE REPORTS

Committee on Fiscal Review, Chairman Backer reporting:

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HS HCS HBs 246 & 405 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS HB 490 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

CONFERENCE COMMITTEE REPORT

ON

HOUSE BILL NO. 14

Mr. Speaker: Your Conference Committee appointed to confer with a like committee from the Senate on Senate Committee Substitute for House Committee Substitute for House Bill No. 14, begs leave to report that we, after open, free and fair discussion of the differences between the Senate and the House, 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 Bill 14.

2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 14.

3. That the attached Conference Committee Substitute for House Bill No. 14, be truly agreed to and finally passed.

FOR THE HOUSE: FOR THE SENATE:

/s/ Richard Franklin /s/ Wayne Goode

/s/ Deleta Williams /s/ Harry Wiggins

/s/ Charles Quincy Troupe /s/ Joe Maxwell

/s/ Ken Legan /s/ John Russell

/s/ Charlie Shields /s/ Morris Westfall

BILL IN CONFERENCE

CCR SCS HCS HB 14, relating to appropriations, was taken up by Representative Franklin.

On motion of Representative Franklin, CCR SCS HCS HB 14 was adopted by the following vote:

AYES: 152

Abel Alter Auer Backer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser Black Boatright Bonner

Boucher Boykins Bray 84 Britt Burton

Campbell Carter Champion Chrismer Cierpiot

Clayton Cooper Crawford Crump Daniel 42

Daniels 41 Davis 122 Davis 63 Days Dolan

Dougherty Elliott Enz Evans Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Froelker Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gross Gunn Hagan-Harrell Hampton

Hanaway Harlan Hartzler 123 Hartzler 124 Hegeman

Hendrickson Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Howerton Kasten Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Levin Liese Linton Lograsso Long

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Pouche Ransdall Reid Reinhart

Relford Reynolds Richardson Ridgeway Rizzo

Robirds Ross Sallee Scheve Schilling

Schwab Scott Secrest Seigfreid Selby

Shelton Shields Skaggs Smith Stokan

Summers Surface Thompson 37 Thompson 72 Townley

Treadway Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson

Wright Mr. Speaker

NOES: 006

Akin Blunt Hohulin Murphy Patek

Purgason

PRESENT: 000

ABSENT WITH LEAVE: 004

Legan Monaco Pryor Troupe

VACANCIES: 001

On motion of Representative Franklin, CCS SCS HCS HB 14 was read the third time and passed by the following vote:

AYES: 153

Abel Alter Auer Backer Ballard

Barnett Barry 100 Bartle Bennett Berkowitz

Berkstresser Black Boatright Bonner Boucher

Boykins Bray 84 Britt Burton Campbell

Carter Champion Chrismer Cierpiot Clayton

Cooper Crawford Crump Daniel 42 Daniels 41

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hagan-Harrell Hampton Hanaway

Harlan Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hickey Hilgemann Holand Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

Kennedy King Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Lograsso Long

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Pouche Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Secrest Seigfreid

Selby Shelton Shields Skaggs Smith

Stokan Summers Surface Thompson 37 Thompson 72

Townley Treadway Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson Wright Mr. Speaker

NOES: 006

Akin Blunt Hohulin Murphy Pryor

Purgason

PRESENT: 000

ABSENT WITH LEAVE: 003

Bartelsmeyer Monaco Troupe

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Hagan-Harrell, title to the bill was agreed to.

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

Representative Ladd Stokan moved that motion lay on the table.

The latter motion prevailed.

SIGNING OF SENATE BILL

All other business of the House was suspended while SCS SB 225 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

THIRD READING OF HOUSE BILLS

HCS HB 490, relating to family care safety act, was taken up by Representative Hollingsworth.

On motion of Representative Hollingsworth, HCS HB 490 was read the third time and passed by the following vote:

AYES: 119

Abel Auer Backer Barnett Barry 100

Bartle Berkowitz Black Blunt Bonner

Boucher Boykins Bray 84 Britt Burton

Campbell Carter Chrismer Clayton Cooper

Crump Daniel 42 Daniels 41 Davis 122 Davis 63

Days Dolan Dougherty Farnen Fitzwater

Foley Ford Franklin Fraser Froelker

Gambaro George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton Hanaway Harlan Hegeman

Hickey Hilgemann Holand Hollingsworth Hoppe

Hosmer Kasten Kelly 27 Kennedy Kissell

Klindt Koller Kreider Lakin Lawson

Leake Liese Luetkemeyer Luetkenhaus May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Murray Naeger Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Pryor Ransdall Reid Relford Reynolds

Richardson Rizzo Robirds Ross Scheve

Schilling Schwab Secrest Seigfreid Selby

Shelton Shields Skaggs Smith Surface

Thompson 37 Thompson 72 Treadway Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson Wright Mr. Speaker

NOES: 040

Akin Alter Ballard Bartelsmeyer Bennett

Berkstresser Boatright Cierpiot Crawford Elliott

Enz Evans Foster Gaskill Hartzler 123

Hartzler 124 Hendrickson Hohulin Howerton Kelley 47

King Legan Levin Linton Lograsso

Long Loudon Marble Miller Murphy

Myers Pouche Purgason Reinhart Ridgeway

Sallee Scott Stokan Summers Townley

PRESENT: 000

ABSENT WITH LEAVE: 003

Champion Monaco Troupe

VACANCIES: 001

Speaker Gaw declared the bill passed.

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

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

Representative Days moved that motion lay on the table.

The latter motion prevailed.

HS HCS HBs 246 & 405, relating to housing rehabilitation tax credits, was taken up by Representative Bray.

On motion of Representative Bray, HS HCS HBs 246 & 405 was read the third time and passed by the following vote:

AYES: 153

Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher Boykins Bray 84

Britt Burton Campbell Carter Champion

Chrismer Cierpiot Clayton Cooper Crawford

Crump Daniel 42 Daniels 41 Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Evans Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton Hanaway Harlan Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Hollingsworth Hoppe Hosmer

Howerton Kasten Kelley 47 Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Legan Levin

Linton Long Loudon Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Murphy Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Pouche Pryor

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Ridgeway Rizzo Robirds

Ross Scheve Schilling Schwab Scott

Secrest Selby Shelton Shields Skaggs

Smith Stokan Summers Surface Thompson 37

Thompson 72 Treadway Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson Wright Mr. Speaker

NOES: 004

Luetkemeyer Patek Seigfreid Townley

PRESENT: 000

ABSENT WITH LEAVE: 005

Liese Lograsso Monaco Sallee Troupe

VACANCIES: 001

Speaker Gaw declared the bill passed.

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

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

Representative Gambaro moved that motion lay on the table.

The latter motion prevailed.

HB 261, relating to transportation sales taxation, was taken up by Representative Auer.

On motion of Representative Auer, HB 261 was read the third time and passed by the following vote:

AYES: 098

Abel Auer Backer Barry 100 Berkowitz

Black Bonner Boucher Boykins Bray 84

Britt Campbell Carter Clayton Crump

Daniel 42 Daniels 41 Davis 122 Davis 63 Days

Dolan Dougherty Farnen Fitzwater Foley

Ford Franklin Fraser Froelker Gambaro

George Graham 106 Gratz Green Griesheimer

Gunn Hagan-Harrell Hampton Harlan Hartzler 123

Hickey Hilgemann Holand Hollingsworth Hoppe

Hosmer Kasten Kelley 47 Kelly 27 Kennedy

Kissell Koller Kreider Lakin Lawson

Leake Legan Liese Long Luetkenhaus

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Murray Myers O'Connor

O'Toole Ostmann Overschmidt Parker Ransdall

Relford Reynolds Richardson Rizzo Ross

Scheve Schilling Selby Skaggs Smith

Stokan Thompson 37 Thompson 72 Treadway Tudor

Van Zandt Wagner Ward Wiggins Williams 121

Williams 159 Wilson Mr. Speaker

NOES: 061

Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Berkstresser Blunt Boatright

Burton Champion Chrismer Cierpiot Cooper

Crawford Elliott Enz Evans Foster

Gaskill Gibbons Gross Hanaway Hartzler 124

Hegeman Hendrickson Hohulin Howerton King

Klindt Levin Linton Lograsso Loudon

Luetkemeyer Marble Miller Murphy Naeger

Nordwald Patek Pouche Pryor Purgason

Reid Reinhart Ridgeway Robirds Sallee

Schwab Scott Secrest Seigfreid Shelton

Shields Summers Surface Townley Vogel

Wright

PRESENT: 000

ABSENT WITH LEAVE: 003

Graham 24 Monaco Troupe

VACANCIES: 001

Speaker Gaw declared the bill passed.

On motion of Representative Williams (159), title to the bill was agreed to.

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

Representative Thompson (37) moved that motion lay on the table.

The latter motion prevailed.

PERFECTION OF HOUSE BILL

HCS HB 676, as amended, with HA 4, pending, relating to elections, was taken up by Representative Days.

Representative Dolan offered House Amendment No. 2 to House Amendment No. 4.

House Amendment No. 2

to

House Amendment No. 4

AMEND House Amendment No. 4 to House Committee Substitute for House Bill No. 676, Page 25, Section 14, Lines 1-2, by deleting all of said lines and inserting in lieu thereof the following:

"treasury a special trust fund to be known as the "Temporary Assistance to Needy Politicians Fund," to be known as TANF, which shall be subject to annual appropriation by the"

Representative Dolan moved that House Amendment No. 2 to House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

AYES: 069

Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Berkstresser Black Blunt

Boatright Bonner Burton Cierpiot Crawford

Dolan Elliott Enz Evans Foster

Froelker Gaskill Gibbons Graham 106 Gratz

Griesheimer Gross Hanaway Hartzler 123 Hartzler 124

Hegeman Hendrickson Hohulin Holand Howerton

Kasten Kelley 47 King Klindt Legan

Levin Linton Lograsso Long Loudon

Luetkemeyer Marble Miller Myers Naeger

Nordwald Patek Pouche Pryor Purgason

Reid Reinhart Richardson Robirds Sallee

Schwab Scott Secrest Shields Summers

Surface Tudor Vogel Wright

NOES: 083

Abel Auer Backer Barry 100 Berkowitz

Boucher Boykins Bray 84 Britt Campbell

Carter Champion Clayton Cooper Crump

Daniel 42 Daniels 41 Davis 122 Davis 63 Days

Dougherty Farnen Fitzwater Foley Ford

Franklin Fraser Gambaro George Graham 24

Green Gunn Hagan-Harrell Hampton Harlan

Hickey Hilgemann Hollingsworth Hoppe Hosmer

Kelly 27 Kennedy Kissell Koller Kreider

Lakin Leake Liese May 108 Mays 50

McBride McClelland McKenna Merideth Murphy

Murray O'Connor O'Toole Overschmidt Parker

Ransdall Relford Reynolds Rizzo Ross

Scheve Schilling Seigfreid Selby Shelton

Skaggs Smith Stokan Thompson 72 Townley

Van Zandt Wagner Ward Wiggins Williams 121

Williams 159 Wilson Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 010

Chrismer Lawson Luetkenhaus McLuckie Monaco

Ostmann Ridgeway Thompson 37 Treadway Troupe

VACANCIES: 001

Representative Reid offered House Substitute Amendment No. 1 for House Amendment No. 4.

Representative Bray raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 4 is not a true substitute amendment.

The Chair ruled the point of order well taken.

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

Which motion was defeated by the following vote:

AYES: 040

Auer Berkowitz Boucher Boykins Bray 84

Carter Clayton Daniel 42 Daniels 41 Davis 122

Davis 63 Days Dougherty Foley Ford

Franklin Fraser Green Harlan Hickey

Hilgemann Hosmer Kennedy Kreider McKenna

McLuckie Murphy Murray O'Connor Reynolds

Schilling Selby Stokan Van Zandt Wagner

Ward Wiggins Williams 121 Wilson Mr. Speaker

NOES: 115

Abel Alter Backer Ballard Barnett

Barry 100 Bartelsmeyer Bartle Bennett Berkstresser

Black Blunt Boatright Bonner Britt

Burton Campbell Champion Chrismer Cierpiot

Cooper Crawford Crump Dolan Elliott

Enz Evans Farnen Fitzwater Foster

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Griesheimer Gross

Gunn Hagan-Harrell Hampton Hanaway Hartzler 123

Hartzler 124 Hegeman Hendrickson Hohulin Holand

Hollingsworth Howerton Kasten Kelley 47 Kelly 27

King Kissell Klindt Koller Lakin

Lawson Legan Levin Liese Linton

Lograsso Long Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McBride McClelland

Merideth Miller Myers Naeger Nordwald

O'Toole Ostmann Overschmidt Parker Patek

Pouche Pryor Purgason Ransdall Reid

Reinhart Relford Richardson Ridgeway Rizzo

Robirds Ross Sallee Scheve Schwab

Scott Secrest Seigfreid Shelton Shields

Skaggs Smith Summers Surface Thompson 72

Townley Tudor Vogel Williams 159 Wright

PRESENT: 000

ABSENT WITH LEAVE: 007

Akin Hoppe Leake Monaco Thompson 37

Treadway Troupe

VACANCIES: 001

Representative Richardson offered House Amendment No. 5.

House Amendment No. 5

AMEND House Committee Substitute for House Bill No. 676, Page 16, Section 115.288, Line 6, by inserting after all of said line the following:

"115.298. 1. The county clerk or election authority shall hire one person appointed by the chair of the two major parties in the county to go together as a team to assist and collect absentee ballots when requested.

2. Such persons shall be paid the federal minimum wage for their time and the county clerk shall submit a reimbursement claim to the secretary of state.

3. It is a class three election offense for any person to assist or collect ballots without the other members of the team."; and

Amend the title and enacting clause accordingly.

On motion of Representative Richardson, House Amendment No. 5 was adopted.

Representative Liese offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 676, Page 9, Section 115.155, Line 67, by inserting after all of said line the following:

"7. The election authority shall accept as a post card application to register to vote any document in the format of the federal post card voter registration application or the state voter registration application if said document contains the original signature of the applicant. The election authority may reject said application if the election authority determines the applicant is not qualified to register to vote. The electronic data processing system established pursuant to 115.158 shall provide each election authority with the ability to electronically store and retrieve documents. The provisions of this subsection shall become effective July 1, 2000."

On motion of Representative Liese, House Amendment No. 6 was adopted.

Representative Hartzler (124) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 676, Page 25, Section 115.615, Line 6, by inserting before the word "second" the word "first,"; and

Further amend said bill, Page 26, Section 115.621, Line 4 by inserting before the word "second" the word "first,"; and

Further amend said bill, Page 26, Section 115.621, Line 15 by inserting before the word "second" the word "first,"; and

Further amend said bill, Page 26, Section 115.621, Line 23 by inserting before the word "second" the word "first,"; and

Further amend said bill, Page 27, Section 115.621, Line 40 by inserting before the word "second" the word "first,".

On motion of Representative Hartzler (124), House Amendment No. 7 was adopted.

Representative Graham (24) offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 676, Page 1, In the Title, Line 3, by inserting immediately after the number "115.437" the following: ", 115.637"; and

Further amend said bill, Page 1, In the Title, Line 7, by deleting the word "thirty-two" and inserting in lieu thereof the word "thirty-three"; and

Further amend said bill, Page 1, Section A, Line 2, by inserting immediately after the number "115.437" the following: ", 115.637"; and

Further amend said bill, Page 1, Section A, Line 5, by deleting the word "thirty-two" and inserting in lieu thereof the word "thirty-three"; and

Further amend said bill, Page 1, Section A, Line 8, by inserting immediately after the number "115.635," the number "115.637,"; and

Further amend said bill, Page 28, Section 115.635, Line 37, by inserting after all of said line the following:

"115.637. The following offenses, and any others specifically so described by law, shall be class four election offenses and are deemed misdemeanors not connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than one year or by a fine of not more than two thousand five hundred dollars or by both such imprisonment and fine:

(1) Stealing or willfully concealing, defacing, mutilating, or destroying any sample ballots that may be furnished by an organization or individual at or near any voting place on election day, except that this subdivision shall not be construed so as to interfere with the right of an individual voter to erase or cause to be erased on a sample ballot the name of any candidate and substituting the name of the person for whom he intends to vote; or to dispose of the received sample ballot;

(2) Printing, circulating, or causing to be printed or circulated, any false and fraudulent sample ballots which appear on their face to be designed as a fraud upon voters;

(3) Purposefully giving a printed or written sample ballot to any qualified voter which is intended to mislead the voter;

(4) On the part of any candidate for election to any office of honor, trust, or profit, offering or promising to discharge the duties of such office for a less sum than the salary, fees, or emoluments as fixed by law or promising to pay back or donate to any public or private interest any portion of such salary, fees, or emolument as an inducement to voters;

(5) On the part of any canvasser appointed to canvass any registration list, willfully failing to appear, refusing to continue, or abandoning such canvass or willfully neglecting to perform his duties in making such canvass or willfully neglecting any duties lawfully assigned to him;

(6) On the part of any employer, making, enforcing, or attempting to enforce any order, rule, or regulation or adopting any other device or method to prevent an employee from engaging in political activities, accepting candidacy for nomination to, election to, or the holding of, political office, holding a position as a member of a political committee, soliciting or receiving funds for political purpose, acting as chairman or participating in a political convention, assuming the conduct of any political campaign, signing, or subscribing his name to any initiative, referendum, or recall petition, or any other petition circulated pursuant to law;

(7) On the part of any person authorized or employed to print official ballots, or any person employed in printing ballots, giving, delivering, or knowingly permitting to be taken any ballot to or by any person other than the official under whose direction the ballots are being printed, any ballot in any form other than that prescribed by law, or with unauthorized names, with names misspelled, or with the names of candidates arranged in any way other than that authorized by law;

(8) On the part of any election authority or official charged by law with the duty of distributing the printed ballots, or any person acting on his behalf, knowingly distributing or causing to be distributed any ballot in any manner other than that prescribed by law;

(9) Any person having in his possession any official ballot, except in the performance of his duty as an election authority or official, or in the act of exercising his individual voting privilege;

(10) Willfully mutilating, defacing, or altering any ballot before it is delivered to a voter;

(11) On the part of any election judge, willfully absenting himself from the polls on election day without good cause or willfully detaining any election material or equipment and not causing it to be produced at the voting place at the opening of the polls or within fifteen minutes thereafter;

(12) On the part of any election authority or official, willfully neglecting, refusing, or omitting to perform any duty required of him by law with respect to holding and conducting an election, receiving and counting out the ballots, or making proper returns;

(13) On the part of any election judge, or party watcher or challenger, furnishing any information tending in any way to show the state of the count to any other person prior to the closing of the polls;

(14) On the part of any voter, except as otherwise provided by law, allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted, or knowingly making a false statement as to his inability to mark his ballot;

(15) On the part of any election judge, disclosing to any person the name of any candidate for whom a voter has voted;

(16) Interfering, or attempting to interfere, with any voter inside a polling place;

(17) On the part of any person at any registration site, polling place, counting location or verification location, causing any breach of the peace or engaging in disorderly conduct, violence, or threats of violence whereby such registration, election, count or verification is impeded or interfered with;

(18) Exit polling, surveying, sampling, electioneering, distributing election literature, posting signs or placing vehicles bearing signs with respect to any candidate or question to be voted on at an election on election day inside the building in which a polling place is located or within twenty-five feet of the building's outer door closest to the polling place, or, on the part of any person, refusing to remove or permit removal from property owned or controlled by him, any such election sign or literature located within such distance on such day after request for removal by any person[.];

(19) In addition to the provisions of subdivision (18) of this section, posting signs with respect to any candidate or question to be voted on at an election on election day anywhere on the property of the polling place. For purposes of this subdivision, "signs" shall not include bumper stickers.".

On motion of Representative Graham (24), House Amendment No. 8 was adopted.

Representative Wiggins offered House Amendment No. 9.

House Amendment No. 9

AMEND House Committee Substitute for House Bill No. 676, Page 1, In the title, Line 5, by inserting after the following: "115.507," the following: "115.611, 115.613,"; and

Further amend said bill, Page 1, In the title, Line 7, by deleting the word "thirty-two" and inserting in lieu thereof the word "thirty-four"; and

Further amend said bill, Page 1, Section A, Line 3, by inserting after the following: "115.507," the following: "115.611, 115.613"; and

Further amend said bill, Page 1, Section A, Line 5, by deleting the word "thirty-two" and inserting in lieu thereof the word "thirty-four"; and

Further amend said bill, Page 1, Section A, Line 8, by inserting after the following: "115.507," the following: "115.611, 115.613"; and

Further amend said bill, Page 25, Section 115.507, Line 20, by inserting after all of said line the following:

"115.611. 1. Except as provided in subsection 4 of section 115.613, any registered voter of the county may have such voter's name printed on the primary ballot of such voter's party as a candidate for county committeeman or committeewoman by filing a declaration of candidacy in the office of the county election authority and by paying any filing fee required by subsection 2 of this section.

2. Before filing such candidate's declaration of candidacy, candidates for county committeeman or county committeewoman shall pay to the treasurer of such candidate's party's county committee, or submit to the county election authority to be forwarded to the treasurer of such candidate's party's committee, a certain sum of money, as follows:

(1) One hundred dollars if such candidate is a candidate for county committeeman or committeewoman in any county which has or hereafter has over nine hundred thousand inhabitants or in any city not situated in a county;

(2) Twenty-five dollars if such candidate is a candidate for county committeeman or committeewoman in any county of the first class containing the major portion of a city which has over three hundred thousand inhabitants;

(3) [Except as provided in subdivisions (1) and (2) of this subsection, no candidate for county committeeman or committeewoman shall be required to pay a filing fee] Ten dollars if such candidate is a candidate for county committeeman or committeewoman in any county other than those described in subdivisions (1) and (2) of this subsection.

3. Any person who cannot pay the fee to file as a candidate for county committeeman or committeewoman may have the fee waived by filing a declaration of inability to pay and a petition with the official with whom such candidate files such candidate's declaration of candidacy. The provisions of section 115.357 shall apply to all such declarations and petitions.

4. No person's name shall be printed on any official primary ballot as a candidate for county committeeman or committeewoman unless the person has filed a declaration of candidacy with the proper election authority not later than 5:00 p.m. on the last Tuesday in March immediately preceding the primary election.

115.613. 1. [Except as provided in subsection 4 of this section,] The qualified man and woman receiving the highest number of votes from each committee district for committeeman and committeewoman of a party shall be members of the county committee of the party.

2. If two or more qualified persons receive an equal number of votes for county committeeman or committeewoman of a party and a higher number of votes than any other qualified person from the party, a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

3. If no qualified person is elected county committeeman or committeewoman from a committee district for a party, a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.

[4. The provisions of this subsection shall apply only in any county where no filing fee is required for filing a declaration of candidacy for committeeman or committeewoman in a committee district. If only one qualified candidate has filed a declaration of candidacy for committeeman or committeewoman in a committee district for a party prior to the deadline established by law, no election shall be held for committeeman or committeewoman in the committee district for that party and the election authority shall certify the qualified candidate in the same manner and at the same time as candidates elected pursuant to subsection 1 of this section are certified. If no qualified candidate files for committeeman or committeewoman in a committee district for a party, no election shall be held and a vacancy shall exist on the county committee which shall be filled by a majority of the committee in the manner provided in section 115.617.]".

Representative Wiggins moved that House Amendment No. 9 be adopted.

Which motion was defeated.

Representative Hanaway offered House Amendment No. 10.

House Amendment No. 10

AMEND House Committee Substitute for House Bill No. 676, Page 31, Section 115.785, Line 8, by adding after the end of said line the following:

Section 1. If the governor receives any resignation or notice of vacancy, or if he is satisfied of the death of any member of either house, during the recess, the governor shall, within thirty days of the date of such resignation, notice of vacancy or death, issue a writ of election to supply the vacancy.

On motion of Representative Hanaway, House Amendment No. 10 was adopted by the following vote:

AYES: 085

Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Berkstresser Black Blunt

Boatright Bonner Boucher Burton Champion

Chrismer Cierpiot Cooper Crawford Dolan

Elliott Enz Evans Foster Froelker

Gambaro Gaskill Gibbons Graham 106 Griesheimer

Gross Hanaway Hartzler 123 Hartzler 124 Hegeman

Hendrickson Hohulin Holand Howerton Kasten

Kelley 47 Kennedy King Kissell Klindt

Lakin Legan Levin Linton Lograsso

Long Loudon Luetkemeyer Marble McClelland

McLuckie Merideth Miller Murphy Myers

Naeger Nordwald Ostmann Patek Pouche

Pryor Purgason Reid Reinhart Reynolds

Richardson Ridgeway Robirds Ross Sallee

Schwab Scott Secrest Shields Stokan

Summers Townley Tudor Vogel Wright

NOES: 071

Auer Backer Barry 100 Berkowitz Boykins

Bray 84 Britt Campbell Carter Clayton

Crump Daniel 42 Daniels 41 Davis 122 Davis 63

Days Dougherty Farnen Fitzwater Foley

Ford Franklin Fraser George Graham 24

Gratz Green Gunn Hagan-Harrell Hampton

Harlan Hilgemann Hollingsworth Hoppe Hosmer

Kelly 27 Koller Kreider Lawson Leake

Liese Luetkenhaus May 108 Mays 50 McBride

McKenna Murray O'Connor O'Toole Overschmidt

Parker Ransdall Relford Rizzo Scheve

Schilling Seigfreid Selby Shelton Skaggs

Smith Thompson 72 Treadway Van Zandt Wagner

Ward Wiggins Williams 121 Williams 159 Wilson

Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 006

Abel Hickey Monaco Surface Thompson 37

Troupe

VACANCIES: 001

Representative Akin offered House Amendment No. 11.

House Amendment No. 11

AMEND House Committee Substitute for House Bill No. 676, Page 32, following 115.780, Line 13, by adding an additional section:

Section 1. 1. Any person, firm, corporation, partnership or association or the spouse, officer, director, trustee, partner or senior management level employee of any person, firm, corporation, partnership or association who has a direct or indirect interest in any legal entity who holds a license or permit to operate a gaming or gambling enterprise shall as a condition to the issuance or renewal of such license or permit waive such person's right to make a contribution or expenditures, directly or indirectly, in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office in this state, including contributions to political action committees or to political parties. For the purposes of this subsection and subsection 2 of this section, "indirect interest" is ownership through any number of layers of legal entities when twenty-five percent or more of each legal entity is owned by the legal entity ownership above it.

2. It is unlawful for any person, firm, corporation, partnership or association or the spouse, officer, director, trustee, partner or senior management level employee of any person, firm, corporation, partnership or association who has a direct or indirect interest in any legal entity who holds a license or permit to operate a gaming or gambling enterprise to make a contribution or expenditure, directly or indirectly, in connection with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office in this state, including contributions to political action committees.

3. It is unlawful for any candidate, political committee or other person knowingly to accept or receive any contribution prohibited by this section.

4. Any person, corporation or any other entity who violates the provisions of subsection 2 of this section is guilty of a class C felony and such violation shall be grounds for the revocation or denial of any license issued by the gaming commission. Any person who violates the provisions of subsection 3 of this section is guilty of a class C felony and shall pay such contributions received in violation of subsection 3 of this section over to the state to be deposited in the general revenue fund.

5. The provisions of this section shall not prohibit an expenditure by a candidate for his or her own campaign or a contribution, loan or transfer of funds by a candidate to his or her own political committee.

Representative Fitzwater raised a point of order that House Amendment No. 11 goes beyond the scope of the bill.

The Chair ruled the point of order not well taken.

Representative Akin moved that House Amendment No. 11 be adopted.

Which motion was defeated by the following vote:

AYES: 052

Akin Alter Ballard Bartelsmeyer Bartle

Blunt Boatright Burton Champion Chrismer

Crawford Elliott Enz Foster Froelker

Gaskill Gibbons Graham 106 Gross Hanaway

Hartzler 124 Hegeman Hendrickson Hohulin Holand

Howerton Kasten Kelley 47 King Klindt

Levin Linton Loudon Luetkemeyer Luetkenhaus

Marble McClelland Miller Murphy Naeger

Purgason Reid Richardson Robirds Sallee

Schwab Scott Secrest Stokan Summers

Townley Wright

NOES: 098

Auer Backer Barnett Barry 100 Bennett

Berkowitz Black Bonner Boucher Boykins

Bray 84 Britt Campbell Carter Clayton

Cooper Crump Daniel 42 Daniels 41 Davis 122

Davis 63 Days Dolan Dougherty Evans

Farnen Fitzwater Foley Ford Franklin

Fraser Gambaro George Graham 24 Gratz

Green Griesheimer Hagan-Harrell Hampton Harlan

Hartzler 123 Hilgemann Hollingsworth Hoppe Hosmer

Kelly 27 Kennedy Kissell Koller Lakin

Lawson Leake Liese Lograsso Long

May 108 Mays 50 McBride McKenna McLuckie

Merideth Murray Myers Nordwald O'Toole

Ostmann Overschmidt Parker Patek Pouche

Pryor Ransdall Reinhart Relford Reynolds

Ridgeway Rizzo Ross Scheve Schilling

Seigfreid Selby Shelton Shields Skaggs

Smith Thompson 72 Treadway Tudor Van Zandt

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson Mr. Speaker

PRESENT: 000

ABSENT WITH LEAVE: 012

Abel Berkstresser Cierpiot Gunn Hickey

Kreider Legan Monaco O'Connor Surface

Thompson 37 Troupe

VACANCIES: 001

Representative Howerton offered House Amendment No. 12.

House Amendment No. 12

AMEND House Committee Substitute for House Bill No. 676, Page 31, Section 115.785, Line 5, by adding the following before the word "All" on said line: 1.; and

further amend said section, line 8, by adding after all of said line the following:

2. Whenever the reprinting of a statewide election ballot is necessary as a result of circumstances beyond the control of a local election authority, the costs of such reprinting shall be paid by the state.

On motion of Representative Howerton, House Amendment No. 12 was adopted.

Representative Parker offered House Amendment No. 13.

House Amendment No. 13

AMEND House Committee Substitute for House Bill No. 676, Page 32, Line 13, by adding after said line the following:

115.124. 1. Notwithstanding any other law to the contrary, in a nonpartisan election in any political subdivision or special district except for municipal[,] and board of trustees of community college districts [and school board] elections, if the notice provided for in subsection 5 of section 115.127 has been published in at least one newspaper of general circulation in the district, and if the number of candidates who have filed for a particular office is equal to the number of positions in that office to be filled by the election, no election shall be held for such office, and the candidates shall assume the responsibilities of their offices at the same time and in the same manner as if they had been elected. Notwithstanding any other provision of law to the contrary, if at any election the number of candidates filing for a particular office exceeds the number of positions to be filled at such election, the election authority shall hold the election as scheduled, even if a sufficient number of candidates withdraw from such contest for that office so that the number of candidates remaining after the filing deadline is equal to the number of positions to be filled.

2. Notwithstanding the provisions of section 115.453 to the contrary, in the event that the number of candidates is less than or equal to the number of vacancies on a school board so that no election would be held pursuant to subsection 1 of this section, then the deadline for filing a declaration of intent to be a write-in candidate for such school board shall be five business days after the close of filing for candidates for such school board. In the event that the number of persons filing a declaration of intent to be a write-in candidate and the number of candidates exceed the number of vacancies on such school board, an election shall be held as otherwise required by law.

Representative Parker moved that House Amendment No. 13 be adopted.

Which motion was defeated.

On motion of Representative Days, HCS HB 676, as amended, was adopted.

On motion of Representative Days, HCS HB 676, as amended, was ordered perfected and printed.

PERFECTION OF HOUSE BILL - INFORMAL

HCS HBs 351 & 295, with HS, as amended, pending, relating to pharmaceutical tax credit, was taken up and placed back on the Informal Calendar.

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HB 991 - Consumer Protection and Housing

HB 1000 - Judiciary

HB 1014 - Banks and Financial Institutions

REFERRAL OF SENATE BILLS

The following Senate Bills were referred to the Committee indicated:

SB 110 - Judiciary

SB 189 - Civil and Administrative Law

COMMITTEE REPORTS

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

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred (By Consent) HB 352, HB 796, HB 476, HB 853, HB 402, HB 779, HB 741, HB 776, HB 791, HB 778, HB 920, HB 834, HB 800, HB 795 and HB 721, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

Committee on Budget, Chairman Franklin reporting:

Mr. Speaker: Your Committee on Budget, to which was referred HB 2, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 3, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 4, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 5, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 6, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 7, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 8, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 9, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 10, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 11, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Budget, to which was referred HB 12, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Correctional and State Institutions, Chairman Gratz reporting:

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HCR 17, begs leave to report it has examined the same and recommends that it Do Pass.

House Concurrent Resolution No. 17

Relating to the annexation of a portion of Northwest Missouri State University by the city of Maryville.

---

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, the portion of Northwest Missouri State University which lies north of Fourth Street, South of the former Norfolk & West Railroad, and three hundred thirty feet east of Country Club Drive is within the Maryville city limits; and

WHEREAS, Northwest Missouri State University would like to have three additional tracts of property annexed into the city limits of Maryville; and

WHEREAS, the city of Maryville would, also, like to encompass these three additional tracts of Northwest Missouri State University; and

WHEREAS, work on some planned city projects hinges on these three tracts being approved for annexation; and

WHEREAS, section 71.012, RSMo Supp. 1998, requires that all fee interest owners of property within a proposed area of annexation sign a verified petition requesting such annexation; and

WHEREAS, section 37.005, RSMo Supp. 1998, vests the fee title of this state property in the governor:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby authorize the Governor to approve the proposed annexation of three tracts of property of Northwest Missouri State University into the city of Maryville. The property is more particularly described as followed:

Tract 1

Commencing at the intersection of the West Line of Section 18, Township 64 North, Range 35 West, with the southerly right-of-way of the former Norfolk and Western Railroad Company railroad right-of-way; thence along Range Line, South to a point 132 feet North of the Southwest Corner of the Northwest Quarter of the Southwest Quarter of said Section 18; thence East 330 feet; thence North along a line 330 feet East and parallel to Range Line to the intersection of the southerly right-of-way of the former Norfolk and Western Railroad Company railroad right-of-way; thence westerly along said right-of-way to the point of beginning.

Tract 2

Commencing at the Northeast Corner of Section 18, Township 64 North, Range 35 West, Nodaway County, Missouri; thence South along the North/South Quarter Section Line of Section 18 to the intersection with the southerly right-of-way of the former Norfolk and Western Railroad; thence westerly along said right-of-way to the West Line of said Section 18; thence North along Range Line to a point 30 feet South of the Northwest Corner of said Section 18, said point being the southerly right-of-way of West Sixteenth Street; thence East along said right-of-way to the southerly extension of the East Line of Village "O" Estates Subdivision, a Subdivision of the Southwest Quarter of Section 7. Township 64 North, Range 35 West, Nodaway County; thence North along said extension to the intersection of the North Line of Section 18; thence East along Section Line to the Northeast Corner of said Section 18 and the point of beginning.

Tract 3

All of the Northeast Quarter (NE1/4) of Section Thirteen (13), Township Sixty-four (64), Range Thirty-six (36), lying North of the right-of-way of the former Norfolk and Western Railroad, Except the West 470 feet thereof.; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the board of regents of Northwest Missouri State University and the City Council of the city of Maryville, Missouri.

Mr. Speaker: Your Committee on Correctional and State Institutions, to which was referred HB 519, begs leave to report it has examined the same and recommends that it Do Pass.

Committee on Environment and Energy, Chairman Wiggins reporting:

Mr. Speaker: Your Committee on Environment and Energy, to which was referred HCR 16, begs leave to report it has examined the same and recommends that it Do Pass.

House Concurrent Resolution No. 16

Relating to the Risk Management Program of the Environmental Protection Agency.

---

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, as required by section 112(r) of the federal Clean Air Act, the Environmental Protection Agency has promulgated the Risk Management Program that requires the development of comprehensive prevention and emergency response programs for propane storage; and

WHEREAS, adequate safeguards to meet public safety needs currently exist under federal, state and local regulations; and

WHEREAS, the Environmental Protection Agency's risk management regulations will dramatically increase costs of doing business without increasing safety by: causing customers to switch away from propane, a federally approved clean fuel; duplicating state regulations based upon existing fire protection standards; duplicating federal right-to-know regulations; and not providing a fuel use exemption similar to OSHA's; and

WHEREAS, the EPA's rules cover anyone with more than 2380 gallons of propane on site, regardless of whether or not it is a single tank or connected tanks which could easily be exceeded by individual restaurants, farms and some residences; and

WHEREAS, the costs, which is estimated to exceed one and one-half billion dollars, to the private sector of complying with EPA's regulations will be staggering:

NOW, THEREFORE, BE IT RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the Environmental Protection Agency to not include propane in the Risk Management Program; and

BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for the Missouri Congressional delegation.

Mr. Speaker: Your Committee on Environment and Energy, to which was referred HB 58, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Governmental Organization and Review, Chairman Murray reporting:

Mr. Speaker: Your Committee on Governmental Organization and Review, to which was referred HB 846, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Insurance, Chairman Auer reporting:

Mr. Speaker: Your Committee on Insurance, to which was referred HB 354, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Insurance, to which was referred HB 599, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Insurance, to which was referred HB 903, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Mr. Speaker: Your Committee on Insurance, to which was referred HB 926, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Judiciary, Chairman May (108) reporting:

Mr. Speaker: Your Committee on Judiciary, to which was referred HB 535, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Miscellaneous Bills and Resolutions, Chairman O'Toole reporting:

Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HCR 21, begs leave to report it has examined the same and recommends that it Do Pass.

HOUSE CONCURRENT RESOLUTION NO. 21

Relating to the United States Postal Service issuing a commemorative stamp honoring law enforcement officers killed in the line of duty.

---

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

WHEREAS, since 1988, over seven hundred law enforcement officers throughout the United States have been killed in the line of duty and in addition over six hundred have been killed in duty-related accidents and over six hundred thousand officers have been assaulted; and

WHEREAS, while progress is being made in fighting crime, violence remains a serious threat to those officers who have sworn to protect society; and

WHEREAS, these heroic men and women of our law enforcement agencies who face danger every day and their fallen colleagues come from many different backgrounds; and

WHEREAS, we the members of the Ninetieth General Assembly believe these heroes who fought and died for the strongly held principles of law and order and whose sacrifices have made a difference to each and everyone of us should be honored in some significant way; and

WHEREAS, the U.S. Postal Service issues commemorative stamps which honor deceased heros and we believe there are no greater heroes than our fallen law enforcement officers:

BE IT FURTHER RESOLVED that the members of the Missouri House of Representatives of the Ninetieth General Assembly, First Regular Session, the Senate concurring therein, hereby urge the United States Postal Service to issue a commemorative stamp honoring all law enforcement officers who have been killed in the line of duty; and

BE IF FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution to be sent to the Citizens' Stamp Advisory Committee, c/o Stamp Management, U.S. Postal Service, 475 L'Enfant Plaza, SW, Room 4474EB, Washington, DC 20260-6756.

Mr. Speaker: Your Committee on Miscellaneous Bills and Resolutions, to which was referred HB 415, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

Committee on Missouri Tobacco Settlement, Chairman McLuckie reporting:

Mr. Speaker: Your Committee on Missouri Tobacco Settlement, to which was referred HB 430 and HB 648, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Motor Vehicle and Traffic Regulations, Chairman O'Connor reporting:

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 727, begs leave to report it has examined the same and recommends that it Do Pass with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 727 by amending the Title, Line 2, by inserting before the numeral "302.173" the numeral "136.055," and further amend the Title, line 4, by deleting the word "four" and inserting in lieu thereof the word "five"; and

Further amend said bill, Section A, Line 1, by inserting before the numeral "302.173" the numeral "136.055," ; and further amend said Section, Line 2, by deleting the word "four" and inserting in lieu thereof the word "five"; and further amend said Section, Line 3, by inserting after the word "sections" the numeral "136.055,"; and

Further amend said bill, Section 302.173, Line 1, by inserting before said section the following:

"136.055. 1. Any person who is selected or appointed by the state director of revenue to act as an agent of the department of revenue, whose duties shall be the sale of motor vehicle licenses and the collection of motor vehicle sales and use taxes under the provisions of section 144.440, RSMo, and who receives no salary from the department of revenue, shall be authorized to collect from the party requiring such services additional fees as compensation in full and for all services rendered on the following basis:

(1) For each motor vehicle or trailer license sold, renewed or transferred--two dollars from August 28, 1997, until January 1, 1998; and two dollars and fifty cents beginning January 1, 1998;

(2) For each application or transfer of title--two dollars from August 28, 1997, until January 1, 1998; and two dollars and fifty cents beginning January 1, 1998;

(3) For each chauffeur's, operator's or driver's license--two dollars until January 1, 1998; and two dollars and fifty cents until July 1, 2000; and four dollars beginning July 1, 2000 [January 1, 1998];

(4) No notary fee or other fee or additional charge shall be paid or collected except for electronic telephone transmission reception--two dollars.

2. This section shall not apply to agents appointed by the state director of revenue in any city, other than a city not within a county, where the department of revenue maintains an office. All fees charged shall not exceed those in this section.

3. Any person acting as agent of the department of revenue for the sale and issuance of licenses and other documents related to motor vehicles shall have an insurable interest in all license plates, licenses, tabs, forms and other documents held on behalf of the department.

4. The fee increases authorized by this section and approved by the general assembly were requested by the fee agents. All fee agent offices shall display a three foot by four foot sign with black letters of at least three inches in height on a white background which states:

The increased fees approved by the Missouri Legislature and charged by this fee office were requested by the fee agents."

Mr. Speaker: Your Committee on Motor Vehicle and Traffic Regulations, to which was referred HB 772, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Municipal Corporations, Chairman Shelton reporting:

Mr. Speaker: Your Committee on Municipal Corporations, to which was referred HB 748, begs leave to report it has examined the same and recommends that it Do Pass by Consent.

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

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 446, begs leave to report it has examined the same and recommends that it be returned to the committee of origin.

Committee on Social Services, Medicaid and the Elderly, Chairman Gunn reporting:

Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to which was referred HB 30, begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to which was referred HB 89, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Social Services, Medicaid and the Elderly, to which was referred HB 899, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on State Parks, Natural Resources and Mining, Chairman McBride reporting:

Mr. Speaker: Your Committee on State Parks, Natural Resources and Mining, to which was referred HJR 26, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on State Parks, Natural Resources and Mining, to which was referred HB 908, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

INTRODUCTION OF HOUSE JOINT RESOLUTION

The following House Joint Resolution was read the first time and copies ordered printed:

HJR 36, introduced by Representative Bartle, relating to reducing the number of members of the house of representatives.

INTRODUCTION OF HOUSE BILLS

The following House Bills were read the first time and copies ordered printed:

HB 1032, introduced by Representative Ballard, relating to the operation of farm wagons.

HB 1033, introduced by Representatives Merideth, Myers and Gratz, relating to public officers and employees.

HB 1034, introduced by Representatives Blunt and Wright, relating to income taxation.

HB 1035, introduced by Representatives Liese, Cooper and Lakin, et al, relating to state employee benefits.

HB 1036, introduced by Representative Skaggs, relating to medical treatment facility licenses.

HB 1037, introduced by Representative Tudor, relating to confidentiality of birth records.

HB 1038, introduced by Representative Hoppe, relating to collection of delinquent taxes in certain cities and counties.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 177, entitled:

An act to repeal section 556.061, RSMo 1994, relating to crimes and punishment, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SBs 320 & 445, entitled:

An act to amend chapters 162, 170, 191 and 376, RSMo, by adding thereto twelve new sections relating to programs for the disabled.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 426, entitled:

An act to repeal section 260.273, RSMo Supp. 1998, relating to extending the sunset on the state tire disposal fee, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 399, entitled:

An act to repeal section 163.011 as enacted by senate bill no. 781 of the eighty-ninth general assembly, second regular session, and section 163.011 as enacted by senate bill no. 535 of the eighty-ninth general assembly, second regular session, relating to school finance, and to enact in lieu thereof one new section relating to the same subject.

In which the concurrence of the House is respectfully requested.

The following member's presence was noted: Monaco.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 4:00 p.m., Monday, March 22, 1999.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Thirty-seventh Day, Wednesday, March 10, 1999, page 717, line 20, by deleting "and SCS SB 325" and inserting in lieu thereof the following: ", SCS SB 325, SB 362, SB 379, SB 433 and SB 456".

Pages 716 and 717, roll call, by showing Representatives Bennett, Days and Ridgeway voting "aye" rather than "absent with leave".

Pages 718 and 719, roll call, by showing Representatives Boykins and Levin voting "aye" rather than "absent with leave".

Pages 720 and 721, roll call, by showing Representatives Berkstresser, Boykins, Dolan, Kreider and Seigfreid voting "aye" rather than "absent with leave".

Pages 722 and 723, roll call, by showing Representatives Berkstresser, Merideth, Murphy and Scott voting "aye" rather than "absent with leave".

Pages 723 and 724, roll call, by showing Representative O'Connor voting "aye" rather than "absent with leave".

Pages 723 and 724, roll call, by showing Representative Blunt voting "no" rather than "absent with leave".

Pages 724 and 725, roll call, by showing Representatives Boykins, George, Hoppe and Kelly (27) voting "aye" rather than "absent with leave".

Pages 725 and 726, roll call, by showing Representatives Boykins, Gratz, Hoppe, Kelly (27), Loudon and Luetkenhaus voting "aye" rather than "absent with leave".

Pages 725 and 726, roll call, by showing Representative Howerton voting "no" rather than "absent with leave".

Page 729, roll call, by showing Representatives Bartelsmeyer and Luetkemeyer voting "aye" rather than "absent with leave".

Page 731, roll call, by showing Representative King voting "aye" rather than "absent with leave".

Page 732, roll call, by showing Representative King voting "aye" rather than "absent with leave".

Page 735, roll call, by showing Representatives Burton and Crump voting "aye" rather than "absent with leave".

Page 736, roll call, by showing Representatives Burton, Dolan and Patek voting "aye" rather than "absent with leave".

Page 737, roll call, by showing Representative Patek voting "aye" rather than "absent with leave".

Page 738, roll call, by showing Representatives Dolan and Lakin voting "aye" rather than "absent with leave".

Page 739, roll call, by showing Representatives Bartelsmeyer, Dolan and Lakin voting "aye" rather than "absent with leave".

Page 741, roll call, by showing Representative Bartle voting "aye" rather than "absent with leave".

Page 742, roll call, by showing Representatives Hollingsworth, Levin, Smith and Summers voting "aye" rather than "absent with leave".

Pages 747 and 748, roll call, by showing Representatives Burton and Reynolds voting "no" rather than "absent with leave".

Page 757, roll call, by showing Representative Reynolds voting "no" rather than "absent with leave".

Page 757, roll call, by showing Representative Burton voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

BANKS AND FINANCIAL INSTITUTIONS

Wednesday, March 24, 1999. Hearing Room 6 upon morning adjournment.

Executive session may follow.

To be considered - HB 901, HB 936

CIVIL AND ADMINISTRATIVE LAW

Wednesday, March 24, 1999. Hearing Rooms 1 and 2 upon morning adjournment.

To be considered - SB 112, SB 124, SB 189, SB 264, SB 271, SB 321, SB 360,

Executive Session - HB 199, Executive Session - HB 534,

Executive Session - HB 539, Executive Session - HB 763, Executive Session - HB 829,

Executive Session - HB 906, Executive Session - HB 917

CONSUMER PROTECTION AND HOUSING

Tuesday, March 23, 1999, 7:30 pm. Hearing Room 7. AMENDED NOTICE.

To be considered - HB 991, Executive Session - HB 192

CORRECTIONAL & STATE INSTITUTIONS

Tuesday, March 23, 1999, 9:30 am. Hearing Room 7. Executive session may follow.

To be considered - HB 982, SB 315

CRIMINAL LAW

Wednesday, March 24, 1999, 8:00 pm. Hearing Room 9.

Executive session may follow.

To be considered - HB 279, HB 455, HB 606, HB 913, HB 927, SB 237, SB 275

EDUCATION - ELEMENTARY AND SECONDARY

Tuesday, March 23, 1999. Hearing Room 8 upon noon adjournment.

To be considered - HB 33, HB 833, HB 928, Executive Session - HB 378,

Executive Session - HB 730, Executive Session - HB 744

EDUCATION - HIGHER

Wednesday, March 24, 1999. Hearing Room 8 upon noon adjournment.

To be considered - SB 218, Executive Session - HB 563,

Executive Session -HB 685

ELECTIONS

Tuesday, March 23, 1999, 8:00 pm. Hearing Room 8.

To be considered - Executive Session - HB 345, Executive Session - HB 780,

Executive Session - HEC 2

FEDERAL - STATE RELATIONS AND VETERANS AFFAIRS

Monday, March 22, 1999, 8:00 pm. Hearing Room 7.

Executive session may follow.

To be considered - SB 169, SB 188

JOINT COMMITTEE ON ECONOMIC DEVELOPMENT, POLICY & PLANNING

Monday, March 29, 1999, 1:15 pm. Hearing Room 5.

Testimony from Joe Driskill, Director Dept. of Economic Development.

LOCAL GOVERNMENT AND RELATED MATTERS

Tuesday, March 23, 1999. Hearing Rooms 1 and 2 upon morning adjournment.

Executive session may follow.

To be considered - HB 985, HB 987, HJR 32, SB 12, SB 81, SCR 5

MUNICIPAL CORPORATIONS

Monday, March 22, 1999. Side gallery upon evening adjournment.

To be considered - Executive Session - HB 971

PUBLIC SAFETY AND LAW ENFORCEMENT

Tuesday, March 23, 1999, 8:30 am. Hearing Room 5.

Possible executive session may follow.

To be considered - HB 475, HB 673, HB 953, HB 955

TOURISM, RECREATION AND CULTURAL AFFAIRS

Monday, March 22, 1999, 8:00 pm. Hearing Room 9.

Executive session may follow.

To be considered - HB 808, HB 965, SB 184, SB 240

URBAN AFFAIRS

Tuesday, March 23, 1999, 8:00 pm. Hearing Rooms 1 and 2.

Executive session to follow.

To be considered - SB 4

WAYS AND MEANS

Tuesday, March 23, 1999. Hearing Room 6 upon morning adjournment.

Executive session may follow.

To be considered - HB 237, HB 865, HB 925, HB 941, SB 105, SB 159, SB 219

HOUSE CALENDAR

THIRTY-NINTH DAY, MONDAY, MARCH 22, 1999

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 36

HOUSE BILLS FOR SECOND READING

HB 1032 through HB 1038

HOUSE BILLS FOR PERFECTION - APPROPRIATIONS

1 HB 1 - Franklin

2 HCS HB 2 - Lakin

3 HCS HB 3 - Lakin

4 HCS HB 4 - Green

5 HCS HB 5 - Green

6 HCS HB 6 - Scheve

7 HCS HB 7 - Scheve

8 HCS HB 8 - Lakin

9 HCS HB 9 - Troupe

10 HCS HB 10 - Carter

11 HCS HB 11 - Troupe

12 HCS HB 12 - Lakin/Green

HOUSE BILLS FOR PERFECTION

1 HCS HB 389 - Hoppe

2 HCS HB 818 - Days

3 HB 753 - Rizzo

4 HCS HB 852 - Hosmer

5 HCS HB 850 & 851 - Hosmer

6 HCS HB 826 - Harlan

7 HB 401 - Barry

8 HCS HB 793 - Treadway

9 HCS HB 701 - Rizzo

10 HCS HB 603, 722 & 783 - Wiggins

11 HCS HB 822 - Liese

12 HCS HB 718, 225, 876 & 838 - Harlan

13 HB 115 - Kreider

14 HCS HB 441 - Riback Wilson

15 HCS HB 256 - George

16 HB 700 - Mays (50)

17 HCS HB 736, 515 & 508 - Hagan-Harrell

18 HCS HB 460 - O'Toole

19 HCS HB 911 - Clayton

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 351 & 295, HS, as amended, pending - Scheve

2 HCS HB 166 - McLuckie

3 HB 492 - Hosmer

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE

HB 454 - Carter

HOUSE BILLS FOR PERFECTION - CONSENT

(March 8, 1999)

1 HB 895 - Crump

2 HB 792 - Kissell

3 HB 500 - Koller

4 HB 930 - Ward

5 HB 328 - Parker

6 HB 915 - Mays (50)

7 HB 327 - Parker

8 HB 268 - Crawford

(March 9, 1999)

9 HB 499 - Hartzler (123)

10 HB 789 - Berkstresser

11 HB 426 - Ridgeway

12 HB 550 - Howerton

(March 10, 1999)

13 HB 548 - Kennedy

(March 22, 1999)

14 HB 846 - Carter

15 HB 266 - Britt

16 HB 847 - Relford

17 HB 745 - Kreider

18 HB 452 - Boatright

19 HB 775 - Hosmer

20 HB 542 - Barry

21 HB 122 - Gaskill

HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING

HCR 20, (3-24-99, pgs. 511 & 512) - Thompson (37)

HOUSE BILLS FOR THIRD READING

1 HCS HB 889, (Fiscal Review 3-10-99) - Fitzwater

2 HS HCS HB 686 - Murray

3 HS HCS HB 26 & 117 - Kreider

HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 741 - Monaco

2 HB 920 - Farnen

3 HB 834 - Crump

4 HB 352 - Foley

5 HB 791 - Wagner

6 HB 402 - Relford

7 HB 721 - Barry

8 HB 779 - Skaggs

9 HB 795 - Kennedy

10 HB 853 - Seigfreid

11 HB 796 - Smith

12 HB 778 - Luetkenhaus

13 HB 776 - McBride

14 HB 476 - Hegeman

15 HB 800 - Linton

SENATE BILLS FOR SECOND READING

1 SB 177

2 SCS SB 320 & 445

3 SB 399

4 SB 426

Missouri House of Representatives