Second Regular Session, 90th General Assembly
FIFTY-THIRD DAY, Wednesday, April 12, 2000
Speaker Pro Tem Kreider in the Chair.
Prayer by Reverend Rudy Beard.
Gracious God, as this day is still new, we bow in Your presence to thank You for all the blessings we know and are warmed by.
One of our blessings, in these Spring days, is found in the sounds of children and students in this capitol building. We are grateful for the boys and girls of Missouri. We pray for those growing up alongside us now, for those who teach them and for those who nurture them in faith and truth.
O Lord, teach us to number our days that we may apply our hearts to wisdom, and value our children. 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: The Kemper family, The Bohnert family, The Troyer family, Molly Schuh, Kyle Regan, Leah Muntges, Alex Muntges, Lisa Hugge, Christie Hovis, Chris Koenen, Brennan Connor, Joshua Bohnert, Royce Bohnert, Arielle Bohnert, Hughes DeTournemire, Nathan Temple Scott and Christa Elisabeth Scott.
The Journal of the fifty-second day was approved as corrected by the following vote:
AYES: 086
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Gratz Green
Griesheimer Gunn Hagan-Harrell Hampton Harlan
Hickey Hilgemann Hollingsworth Hoppe Hosmer
Kelly 27 Kennedy Kissell Koller Kreider
Lakin Lawson Leake Liese Luetkenhaus
May 108 Mays 50 McBride McKenna McLuckie
Merideth Monaco Murray O'Connor O'Toole
Overschmidt Parker Ransdall Relford Reynolds
Riley Rizzo Robirds Scheve Schilling
Seigfreid Selby Shelton Skaggs Thompson
Treadway Troupe Van Zandt Wagner Ward
Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42
Mr. Speaker
NOES: 062
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Elliott Enz Evans Foster Froelker
Gaskill Gibbons Graham 106 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
Kelley 47 King Klindt Legan Levin
Linton Lograsso Long Loudon Luetkemeyer
Marble McClelland Miller Murphy Myers
Naeger Ostmann Patek Phillips Pouche 30
Purgason Reinhart Richardson Ross Secrest
Shields Summers Surface Townley Tudor
Vogel Wright
PRESENT: 001
Reid
ABSENT WITH LEAVE: 013
Berkstresser Dolan Gross Hanaway Hartzler 123
Nordwald Pryor Ridgeway Sallee Schwab
Scott Smith Stokan
VACANCIES: 001
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1104 - Representatives Gaw, Hartzler (123), Leake and Wiggins
House Resolution No. 1105 - Representatives George, Green and Reynolds
House Resolution No. 1106 - Representative Ross
House Resolution No. 1107 - Representatives Chrismer and Days
House Resolution No. 1108 - Representatives Ross and Lograsso
House Resolution No. 1109 - Representative Naeger
House Resolution No. 1110 - Representative Boatright
House Resolution No. 1111 - Representatives Hartzler (124) and Hartzler (123)
House Resolution No. 1112 - Representative Graham (24)
SECOND READING OF SENATE BILL
SB 610 was read the second time.
COMMITTEE REPORT
Committee on Fiscal Review, Chairman Backer reporting:
Mr. Speaker: Your Committee on Fiscal Review, to which was referred HS HCS HBs 1652 & 1433 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.
PERFECTION OF HOUSE BILL
HCS HB 1569, as amended, relating to Missouri Equal Pay Act, was taken up by Representative Bray.
Representative Bartle offered House Amendment No. 14.
House Amendment No. 14
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Line 15, by adding the following after said line:
"3. Notwithstanding the provisions of subsection 1 of this section, it shall not be an unlawful practice under 290.610 to 290.618 for an employer to pay different wage rates in different counties."
And renumber accordingly.
Representative Bray raised a point of order that House Amendment No. 14 goes beyond the scope of the bill.
The Chair ruled the point of order not well taken.
Representative Parker offered House Substitute Amendment No. 1 for House Amendment No. 14.
House Substitute Amendment No. 1
for
House Amendment No. 14
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Line 15, by adding the following after said line:
"(4) Bonafide regional economic differentials.".
On motion of Representative Parker, House Substitute Amendment No. 1 for House Amendment No. 14 was adopted by the following vote:
AYES: 153
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Black Blunt Boatright
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Burton Campbell Champion Chrismer
Cierpiot Clayton Crawford Crump Curls
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 Harlan
Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey
Hilgemann Hohulin Holand Hollingsworth Hoppe
Hosmer Howerton Kelley 47 Kelly 27 Kennedy
King Klindt Koller Kreider Lakin
Lawson Leake Legan Levin Liese
Long Loudon Luetkemeyer Luetkenhaus Marble
May 108 Mays 50 McBride McClelland McKenna
McLuckie Merideth Miller Monaco Murphy
Murray Myers Naeger Nordwald O'Connor
O'Toole Ostmann Overschmidt Parker Patek
Phillips Pouche 30 Pryor Purgason Ransdall
Reid Reinhart Relford Reynolds Ridgeway
Riley Rizzo Robirds Ross Scheve
Schilling Schwab Scott Secrest Seigfreid
Selby Shelton Shields Skaggs Smith
Summers Surface Thompson Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 121 Williams 159 Wilson 25
Wilson 42 Wright Mr. Speaker
NOES: 001
Richardson
PRESENT: 001
Kasten
ABSENT WITH LEAVE: 007
Berkstresser Hanaway Kissell Linton Lograsso
Sallee Stokan
VACANCIES: 001
Representative Marble offered House Amendment No. 15.
House Amendment No. 15
AMEND House Committee Substitute for House Bill No. 1569, Page 2, Section 290.612, Line 2, by adding after the word "discriminate" the word "intentionally"; and
Further amend said bill, Page 3, Section 290.618, Line 1, by adding after the word "has" the word "intentionally".
Representative Marble moved that House Amendment No. 15 be adopted.
Which motion was defeated by the following vote:
AYES: 070
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Griesheimer
Gross Hartzler 123 Hartzler 124 Hegeman Hendrickson
Holand Howerton Kasten King Klindt
Legan Levin Linton Lograsso Long
Loudon Luetkemeyer Marble McClelland Merideth
Miller Murphy Myers Naeger Ostmann
Patek Phillips Pouche 30 Pryor Purgason
Reinhart Richardson Ridgeway Robirds Ross
Schwab Scott Secrest Shields Summers
Surface Townley Tudor Vogel Wright
NOES: 085
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Gratz Green
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McKenna McLuckie Monaco
Murray O'Connor O'Toole Overschmidt Parker
Ransdall Reid Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Treadway
Troupe Van Zandt Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 007
Berkstresser Hanaway Hohulin Kelley 47 Nordwald
Sallee Stokan
VACANCIES: 001
Representative Froelker offered House Amendment No. 16.
House Amendment No. 16
AMEND House Committee Substitute for House Bill No. 1569, Page 1, Section 290.610, Lines 6 & 7, by deleting the following: "and any temporary employee employed by an employer".
Representative Griesheimer offered House Substitute Amendment No. 1 for House Amendment No. 16.
House Substitute Amendment No. 1
for
House Amendment No. 16
AMEND House Committee Substitute for House Bill No. 1569, Page 1, Section 290.610, Line 7, by deleting the word "three" and inserting in lieu thereof the word "six".
On motion of Representative Griesheimer, House Substitute Amendment No. 1 for House Amendment No. 16 was adopted.
Representative Crump moved the previous question.
Which motion was adopted by the following vote:
AYES: 085
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Gratz Green
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McKenna McLuckie Merideth
Monaco Murray O'Connor O'Toole Overschmidt
Parker Ransdall Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Treadway
Troupe Van Zandt Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
NOES: 068
Akin Ballard Barnett Bartelsmeyer Bartle
Bennett Black Blunt Boatright Burton
Champion Chrismer Cierpiot Crawford Dolan
Elliott Enz Evans Foster Froelker
Gaskill Gibbons Graham 106 Griesheimer Gross
Hartzler 123 Hartzler 124 Hegeman Hendrickson Holand
Howerton Kasten King Klindt Legan
Levin Linton Lograsso Long Loudon
Luetkemeyer Marble McClelland Miller Murphy
Myers Naeger Ostmann Patek Phillips
Pouche 30 Pryor Purgason Reid Reinhart
Richardson Ridgeway Robirds Ross Schwab
Scott Secrest Shields Surface Townley
Tudor Vogel Wright
PRESENT: 000
ABSENT WITH LEAVE: 009
Alter Berkstresser Hanaway Hohulin Kelley 47
Nordwald Sallee Stokan Summers
VACANCIES: 001
On motion of Representative Bray, HCS HB 1569, as amended, was adopted.
On motion of Representative Bray, HCS HB 1569, as amended, was ordered perfected and printed.
On motion of Representative Crump, the House recessed until 2:00 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: Caleb Smith, Carson Petrash, Sarah Hamill, Maggie Goss, Christopher Tullmann, Karen Beck, James Cressler, Adrienne DaGue, Elizabeth Falk, Melissa Finerty and Kirsten Lueder.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1113 - Representative Gratz
House Resolution No. 1114 - Representative Hartzler (124)
House Resolution No. 1115 - Representatives Gaskill and Bartelsmeyer
House Resolution No. 1116 - Representative Luetkenhaus
House Resolution No. 1117 - Representative Riley
House Resolution No. 1118
through
House Resolution No. 1120 - Representative Lakin
House Resolution No. 1121 - Representative Riback Wilson (25)
House Resolution No. 1122 - Representative Shelton
House Resolution No. 1123 - Representative Abel
COMMITTEE REPORT
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 HCS HB 1711 and HS HCS HB 1797, 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.
REFERRAL OF HOUSE BILL
The following House Bill was referred to the Committee indicated:
HCS HB 1711 - Fiscal Review (Fiscal Note)
THIRD READING OF SENATE BILL
HCS SS SB 549, relating to tobacco settlement funds, was taken up by Representative Van Zandt.
Representative Van Zandt offered HS HCS SS SB 549.
Representative Hanaway offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 2, Section 196.1014, Line 10, by inserting after all of said line the following:
"Any vote on a constitutional amendment relating to tobacco settlement moneys shall be placed on the Primary Election ballot and shall not be placed on the November general election ballot.".
Representative Bartle offered House Substitute Amendment No. 1 for House Amendment No. 1.
House Substitute Amendment No. 1
for
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 2, Section 196.1014, Line 10, by inserting after all of said line the following:
"The General Assembly instructs the Governor to place any vote on a constitutional amendment relating to the Tobacco Settlement Trust Fund on the Primary Election ballot and shall not be placed on the November General Election ballot.".
Representative Bartle moved that House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.
Which motion was defeated.
Representative Blunt offered House Substitute Amendment No. 2 for House Amendment No. 1.
Representative May (108) raised a point of order that House Substitute Amendment No. 2 for House Amendment No. 1 is not a true substitute amendment.
Representative Clayton raised an additional point of order that House Substitute Amendment No. 2 for House Amendment No. 1 is unconstitutional.
The Chair ruled the second point of order not well taken.
House Substitute Amendment No. 2 for House Amendment No. 1 was withdrawn.
Representative Froelker offered House Substitute Amendment No. 2 for House Amendment No. 1.
House Substitute Amendment No. 2
for
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 2, Section 196.1014, Line 10, by deleting on said line the following: "January 3, 2001", and inserting in lieu thereof "August 28, 2000".
Representative May (108) raised a point of order that House Substitute Amendment No. 2 for House Amendment No. 1 is not a true substitute amendment.
The Chair ruled the point of order not well taken.
Representative Froelker moved that House Substitute Amendment No. 2 for House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 073
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Griesheimer
Gross Hanaway Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
King Klindt Legan Levin Linton
Lograsso Long Loudon Luetkemeyer Marble
McClelland Miller Murphy Myers Naeger
Nordwald Ostmann Patek Phillips Pouche 30
Pryor Purgason Reid Reinhart Richardson
Ridgeway Robirds Ross Schwab Scott
Secrest Shields Summers Surface Townley
Tudor Vogel Wright
NOES: 085
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Franklin Fraser
Gambaro George Graham 24 Gratz Green
Gunn Hagan-Harrell Hampton Harlan Hickey
Hilgemann Hollingsworth Hoppe Hosmer Kelly 27
Kennedy Kissell Koller Kreider Lakin
Lawson Leake Liese Luetkenhaus May 108
Mays 50 McBride McKenna McLuckie Merideth
Monaco Murray O'Connor O'Toole Overschmidt
Parker Ransdall Relford Reynolds Riley
Rizzo Scheve Schilling Seigfreid Selby
Shelton Skaggs Smith Thompson Treadway
Troupe Van Zandt Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 004
Berkstresser Kelley 47 Sallee Stokan
VACANCIES: 001
Representative Monaco offered House Substitute Amendment No. 3 for House Amendment No. 1.
Representative Levin raised a point of order that House Substitute Amendment No. 3 for House Amendment No. 1 is not a true substitute amendment.
The Chair ruled the point of order not well taken.
House Substitute Amendment No. 3 for House Amendment No. 1 was withdrawn.
House Amendment No. 1 was withdrawn.
Representative Lograsso offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 2, Section 196.1014, Line 17, by deleting all of subsection 6, and inserting in lieu thereof the following:
"6. It shall be the stated policy of the State of Missouri to value human life. The State of Missouri shall do nothing that denigrates that value of human life.".
Representative Lograsso moved that House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 073
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Bray 84 Burton Champion Chrismer Cierpiot
Crawford Dolan Elliott Enz Evans
Foster Froelker Gaskill Gibbons Graham 106
Griesheimer Gross Hanaway Hartzler 123 Hartzler 124
Hegeman Hendrickson Hohulin Holand Howerton
Kasten King Klindt Legan Levin
Linton Lograsso Long Loudon Luetkemeyer
Marble McClelland Miller Murphy Myers
Naeger Ostmann Patek Phillips Pouche 30
Pryor Purgason Reid Reinhart Richardson
Ridgeway Robirds Ross Schwab Scott
Secrest Shields Summers Surface Townley
Tudor Vogel Wright
NOES: 084
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Britt Brooks
Campbell Clayton Crump Curls Davis 122
Davis 63 Days Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Gratz Green Gunn
Hagan-Harrell Hampton Harlan Hickey Hilgemann
Hollingsworth Hoppe Hosmer Kelly 27 Kennedy
Kissell Koller Kreider Lakin Lawson
Leake Liese Luetkenhaus May 108 Mays 50
McBride McKenna McLuckie Merideth Monaco
Murray O'Connor O'Toole Overschmidt Parker
Ransdall Relford Reynolds Riley Rizzo
Scheve Schilling Seigfreid Selby Shelton
Skaggs Smith Thompson Treadway Troupe
Van Zandt Wagner Ward Wiggins Williams 121
Williams 159 Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 005
Berkstresser Kelley 47 Nordwald Sallee Stokan
VACANCIES: 001
Representative Riley requested verification of the roll call on House Amendment No. 1.
Representative Lawson offered House Amendment No 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Bill No. 549, Page 3, Section 196.1014, Line 8, by inserting after said line the following:
"7. The state treasurer shall monthly transfer from the tobacco settlement trust fund to the "Agricultural Economic Development Trust Fund" amount equal to five percent of the tobacco settlement trust fund. Moneys in the agricultural economic development trust fund shall be appropriated solely for the purpose of developing opportunities for communities and farmers affected by the Missouri tobacco settlement.".
Representative Van Zandt raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.
The Chair ruled the point of order not well taken.
Representative Klindt offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.
Representative Klindt offered House Substitute Amendment No. 1 for House Amendment No. 2.
House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.
House Amendment No. 2 was withdrawn.
HCS SS SB 549, with HS, pending, was placed on the Informal Calendar.
PERFECTION OF HOUSE BILL - INFORMAL
HB 1472, relating to juvenile information, was taken up by Representative Smith.
Representative Patek offered House Amendment No. 1.
House Amendment No. 1
AMEND House Bill No. 1472, Page 1, Section 210.865, Line 1, by adding after the word "carts" the following:
", circuit courts,"; and
Further amend said bill, Page 1, Section 210.865, Line 13, by adding after all of said line the following:
"All information regarding pupils enrolled in a Missouri school district under the age of 21 which alleges that the pupil has committed one of the following acts or such pupil has been indicted for one of the following acts shall be reported to the Juvenile Information Governance Commission established pursuant to Section 210.870, RSMo:
(1) First degree murder under Section 565.020, RSMo;
(2) Second degree murder under Section 565.021, RSMo;
(3) Kidnapping under Section 565.110, RSMo;
(4) First degree assault under Section 565.050, RSMo;
(5) Forcible rape under Section 566.030, RSMo;
(6) Forcible sodomy under Section 566.060, RSMo;
(7) Burglary in the first degree under Section 569.160, RSMo;
(8) Robbery in the first degree under Section 569.020, RSMo;
(9) Distribution of drugs under Section 195.211, RSMo;
(10) Distribution of drugs to a minor under Section 195.212, RSMo;
(11) Arson in the first degree under Section 569.040, RSMo;
(12) Voluntary manslaughter under Section 565.023, RSMo;
(13) Involuntary manslaughter under Section 565.024, RSMo;
(14) Second degree assault under Section 565.060, RSMo;
(15) Sexual assault under Section 566.040, RSMo;
(16) Felonious restraint under Section 565.120, RSMo;
(17) Property damage in the first degree under Section 569.100, RSMo; or
(18) The possession of a weapon under chapter 571, RSMo.".
Representative Dougherty assumed the Chair.
Representative Smith raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.
Representative Dougherty requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order not well taken.
Representative Patek moved that House Amendment No. 1 be adopted.
Which motion was defeated by the following vote:
AYES: 066
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Griesheimer
Gross Hanaway Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Howerton Kasten Klindt
Legan Levin Linton Lograsso Long
Loudon Luetkemeyer Marble Miller Murphy
Myers Naeger Ostmann Patek Phillips
Pouche 30 Pryor Reid Reinhart Richardson
Ridgeway Robirds Schwab Scott Secrest
Shields Summers Surface Tudor Vogel
Wright
NOES: 085
Abel Auer Backer Barry 100 Berkowitz
Bonner Boucher 48 Boykins Bray 84 Britt
Brooks Campbell Clayton Crump Curls
Davis 122 Davis 63 Days Dougherty Farnen
Fitzwater Foley Ford Fraser Gambaro
George Graham 24 Gratz Green Gunn
Hagan-Harrell Hampton Harlan Hickey Hilgemann
Hollingsworth Hoppe Hosmer Kelly 27 Kennedy
King Kissell Koller Kreider Lawson
Leake Liese May 108 Mays 50 McBride
McClelland McKenna McLuckie Merideth Monaco
Murray Nordwald O'Connor O'Toole Overschmidt
Parker Ransdall Relford Riley Rizzo
Scheve Schilling Seigfreid Selby Shelton
Skaggs Smith Thompson Townley Treadway
Troupe Van Zandt Wagner Ward Wiggins
Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker
PRESENT: 001
Purgason
ABSENT WITH LEAVE: 010
Berkstresser Franklin Holand Kelley 47 Lakin
Luetkenhaus Reynolds Ross Sallee Stokan
VACANCIES: 001
Representative Hosmer offered House Amendment No. 2.
House Amendment No. 2
AMEND House Bill No. 1472, Page 2, at the end of said page, by inserting after all of said line the following:
"211.321. 1. Records of juvenile court proceedings as well as all information obtained and social records prepared in the discharge of official duty for the court shall not be open to inspection or their contents disclosed, except by order of the court to persons having a legitimate interest therein, unless a petition or motion to modify is sustained which charges the child with an offense which, if committed by an adult, would be a class A felony under the criminal code of Missouri, or capital murder, first degree murder, or second degree murder or except as provided in subsection 2 of this section. In addition, whenever a report is required [under] pursuant to section 557.026, RSMo, there shall also be included a complete list of certain violations of the juvenile code for which the defendant had been adjudicated a delinquent while a juvenile. This list shall be made available to the probation officer and shall be included in the presentence report. The violations to be included in the report are limited to the following: rape, sodomy, murder, kidnaping, robbery, arson, burglary or any acts involving the rendering or threat of serious bodily harm. The supreme court may promulgate rules to be followed by the juvenile courts in separating the records.
2. In all proceedings [under] pursuant to subdivisions (1) and (2) of subsection 1 of section 211.031, the records of the juvenile court as well as all information obtained and social records prepared in the discharge of official duty for the court shall be kept confidential and shall be open to inspection only by order of the judge of the juvenile court or as otherwise provided by statute. In all proceedings [under] pursuant to subdivision (3) of subsection 1 of section 211.031 the records of the juvenile court as well as all information obtained and social records prepared in the discharge of official duty for the court shall be kept confidential and may be open to inspection without court order only as follows:
(1) The juvenile officer is authorized at any time:
(a) To provide information to or discuss matters concerning the child, the violation of law or the case with the victim, witnesses, officials at the child's school, law enforcement officials, prosecuting attorneys, any person or agency having or proposed to have legal or actual care, custody or control of the child, or any person or agency providing or proposed to provide treatment of the child. Information received pursuant to this paragraph shall not be released to the general public, but shall be released only to the persons or agencies listed in this paragraph;
(b) To make public information concerning the offense, the substance of the petition, the status of proceedings in the juvenile court and any other information which does not specifically identify the child or the child's family;
(2) After a child has been adjudicated delinquent pursuant to subdivision (3) of subsection 1 of section 211.031, for an offense which would be a felony if committed by an adult, the records of the dispositional hearing and proceedings related thereto shall be open to the public to the same extent that records of criminal proceedings are open to the public. However, the social summaries, investigations or updates in the nature of presentence investigations, and status reports submitted to the court by any treating agency or individual after the dispositional order is entered shall be kept confidential and shall be opened to inspection only by order of the judge of the juvenile court;
(3) As otherwise provided by statute;
(4) In all other instances, only by order of the judge of the juvenile court.
3. Peace officers' records, if any are kept, of children shall be kept separate from the records of persons seventeen years of age or over and shall not be open to inspection or their contents disclosed, except by order of the court. This subsection does not apply to children who are transferred to courts of general jurisdiction as provided by section 211.071 or to juveniles convicted [under] pursuant to the provisions of sections 578.421 to 578.437, RSMo. This subsection does not apply to the inspection or disclosure of the contents of the records of peace officers for the purpose of pursuing a civil forfeiture action pursuant to the provisions of section 195.140, RSMo.
4. Notwithstanding the provisions of subsection 3 of this section, intelligence data of children contained in the files of law enforcement agencies may be placed within a computer data storage system along with intelligence data of adults, provided that access to the computer data storage system is restricted to authorized employees. Authorized employees include all law enforcement agencies, peace officers and organizations established to house intelligence data within a central computer data storage system. Nothing in this subsection prohibits the exchange of intelligence or information by law enforcement agencies, peace officers and organizations established to house intelligence data within a central computer data storage system if the exchanged information is pertinent and necessary for law enforcement purposes. Nothing in this section shall be construed to prevent the release of information and data to persons or organizations authorized by law to compile statistics relating to juveniles. The court shall adopt procedures to protect the confidentiality of children's names and identities.
5. The court may, either on its own motion or upon application by the child or [his] the child's representative, or upon application by the juvenile officer, enter an order to destroy all social histories, records, and information, other than the official court file, and may enter an order to seal the official court file, as well as all peace officers' records, at any time after the child has reached [his] the child's seventeenth birthday if the court finds that it is in the best interest of the child that such action or any part thereof be taken, unless the jurisdiction of the court is continued beyond the child's seventeenth birthday, in which event such action or any part thereof may be taken by the court at any time after the closing of the child's case.
6. Nothing in this section shall be construed to prevent the release of general information regarding the informal adjustment or formal adjudication of the disposition of a child's case to a victim or a member of the immediate family of a victim of any offense committed by the child. Such general information shall not be specific as to location and duration of treatment or detention or as to any terms of supervision.
7. Records of juvenile court proceedings as well as all information obtained and social records prepared in the discharge of official duty for the court shall be disclosed to the child fatality review panel reviewing the child's death pursuant to section 210.192, RSMo, unless the juvenile court on its own motion, or upon application by the juvenile officer, enters an order to seal the records of the victim child."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Hosmer moved that House Amendment No. 2 be adopted.
Which motion was defeated.
Representative Clayton offered House Amendment No. 3.
Representative Smith raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.
Representative Dougherty requested a parliamentary ruling.
The Parliamentary Committee ruled the point of order well taken.
Representative Hartzler (124) offered House Amendment No. 3.
House Amendment No. 3
AMEND House Bill No. 1472, Page 1, Section 210.865, Line 2, by inserting the word "criminal" after said line; and
Further amend Line 4, by inserting the words "in the line of their criminal activities" after the word "departments."; and
Further amend Line 6, by inserting the word "criminal" after the word "of"; and
Further amend Line 10, by inserting the word "criminal" after the word "all".
Representative Hartzler (124) moved that House Amendment No. 3 be adopted.
Which motion was defeated by the following vote:
AYES: 073
Akin Alter Ballard Barnett Bartelsmeyer
Bartle Bennett Black Blunt Boatright
Burton Champion Chrismer Cierpiot Crawford
Dolan Elliott Enz Evans Foster
Froelker Gaskill Gibbons Graham 106 Griesheimer
Gross Hanaway Hartzler 123 Hartzler 124 Hegeman
Hendrickson Hohulin Holand Howerton Kasten
King Klindt Legan Levin Linton
Lograsso Loudon Luetkemeyer Marble McClelland
Merideth Miller Murphy Myers Naeger
Nordwald Ostmann Patek Phillips Pouche 30
Pryor Purgason Reid Reinhart Richardson
Ridgeway Robirds Ross Schwab Scott
Secrest Shields Summers Surface Townley
Tudor Vogel Wright
NOES: 081
Abel Backer Barry 100 Berkowitz Bonner
Boucher 48 Boykins Bray 84 Britt Brooks
Campbell Clayton Crump Curls Davis 122
Davis 63 Days Dougherty Farnen Fitzwater
Foley Ford Franklin Fraser Gambaro
George Graham 24 Gratz Green Gunn
Hagan-Harrell Hampton Harlan Hickey Hilgemann
Hollingsworth Hoppe Hosmer Kelly 27 Kennedy
Kissell Koller Kreider Lakin Lawson
Leake Liese May 108 Mays 50 McBride
McKenna McLuckie Monaco Murray O'Connor
O'Toole Overschmidt Parker Ransdall Relford
Riley Rizzo Scheve Schilling Seigfreid
Selby Shelton Skaggs Smith Thompson
Treadway Troupe Van Zandt Wagner Ward
Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42
Mr. Speaker
PRESENT: 000
ABSENT WITH LEAVE: 008
Auer Berkstresser Kelley 47 Long Luetkenhaus
Reynolds Sallee Stokan
VACANCIES: 001
Representative Hosmer offered House Amendment No. 4.
House Amendment No. 4
AMEND House Bill No. 1472, Page 2, Line 27, by inserting after the word "agency" the following: ", law enforcement".
On motion of Representative Hosmer, House Amendment No. 4 was adopted.
On motion of Representative Smith, HB 1472, as amended, was ordered perfected and printed.
COMMITTEE REPORTS
Committee on Budget, Chairman Franklin reporting:
Mr. Speaker: Your Committee on Budget, to which was referred HB 1113, 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 1121, begs leave to report it has examined the same and recommends that it Do Pass.
Committee on Judiciary, Chairman May (108) reporting:
Mr. Speaker: Your Committee on Judiciary, to which was referred SB 896, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Local Government and Related Matters, Chairman Hoppe reporting:
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred SCS SB 719, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Mr. Speaker: Your Committee on Local Government and Related Matters, to which was referred SCS SB 842, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Retirement, Chairman Hagan-Harrell reporting:
Mr. Speaker: Your Committee on Retirement, to which was referred SB 922, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
Committee on Tourism, Recreation and Cultural Affairs, Chairman Overschmidt reporting:
Mr. Speaker: Your Committee on Tourism, Recreation and Cultural Affairs, to which was referred SB 724, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 2157, introduced by Representatives Dougherty and Wiggins, relating to alternative fuel motor vehicles.
HB 2158, introduced by Representative Boucher, relating to motor vehicle records.
HB 2159, introduced by Representative Froelker, relating to the highway and transportation department employees' and highway patrol retirement system.
HB 2160, introduced by Representatives Fraser and Riback Wilson (25), relating to the sale of certain consumer credit information.
HB 2161, introduced by Representatives Fraser and Liese, relating to equalization of local governmental services for certain property owners.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS#2 SJR 53, entitled:
Joint Resolution submitting to the qualified voters of Missouri, an amendment repealing sections 2 and 9 of article III of the Constitution of Missouri relating to changing the number of members of the house of representatives, and adopting two new sections in lieu thereof relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SBs 678 & 742, entitled:
An act to repeal sections 56.085, 196.790, 426.220, 426.230, 429.360, 479.150, 512.180, 512.190, 512.200, 512.210, 512.250, 512.270, 512.280, 512.290, 512.300, 512.310, 512.320, 516.500, 517.011, 534.350, 534.360, 535.110, 537.045, 541.020, 550.120, 621.055, 621.155, 621.165, 621.175, 621.185, 621.189 and 621.198, RSMo 1994, and sections 43.503, 67.133, 104.312, 211.185, 302.535, 303.041, 351.025, 354.065, 452.556, 455.040, 455.050, 455.205, 479.500, 482.305, 482.330, 483.310, 483.500, 487.030, 514.440, 534.070, 534.380, 535.030, 537.675, 610.105 and 650.055, RSMo Supp. 1999, relating to judicial and administrative procedures, and to enact in lieu thereof fifty-one new sections relating to the same subject, with an effective date for certain sections.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Gunn, the House adjourned until 10:00 a.m., Thursday, April 13, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Fifty-second Day, Tuesday, April 11, 2000, pages 901 and 902, roll call, by showing Representative Akin voting "aye" rather than "absent with leave".
Page 912, roll call, by showing Representative Long voting "aye" rather than "absent with leave".
Page 914, roll call, by showing Representative Long voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
CRIMINAL LAW
Thursday, April 13, 2000. Hearing Room 3 upon morning adjournment.
Executive Session. AMENDED NOTICE.
ENVIRONMENT AND ENERGY
Thursday, April 13, 2000, 8:30 am. Hearing Room 7.
Executive Session will follow.
To be considered - HCR 29
JOINT COMMITTEE ON CORRECTIONS
Monday, April 17, 2000, 1:15 pm. Hearing Room 4.
Annual Report.
JOINT COMMITTEE ON LEGISLATIVE RESEARCH
Thursday, April 13, 2000, 9:00 am. Hearing Room 5.
Discussion of Revision Bills; Publication of Statutes and Session Laws; Mental Health Report.
MISCELLANEOUS BILLS AND RESOLUTIONS
Thursday, April 13, 2000, 9:00 am. Hearing Room 4.
To be considered - Executive Session - SB 801
PUBLIC HEALTH
Thursday, April 13, 2000, 9:00 am. Hearing Rooms 2A and 2B.
Executive Session. CANCELLED.
SUBCOMMITTEE ON PUBLIC HEALTH
Wednesday, April 19, 2000, 8:30 am. Hearing Room 4.
Discussing mental health ombudsman legislation.
UTILITIES REGULATION
Thursday, April 13, 2000, 8:00 am. Hearing Room 6.
To be considered - HB 1778, HB 1842, HB 1895, SB 1049
HOUSE CALENDAR
FIFTY-FOURTH DAY, THURSDAY, APRIL 13, 2000
HOUSE BILLS FOR SECOND READING
HB 2157 through HB 2161
HOUSE JOINT RESOLUTION FOR PERFECTION
HJR 40 - Graham (24)
HOUSE BILLS FOR PERFECTION - APPROPRIATIONS
1 HCS HB 1113 - Green
2 HB 1121 - Franklin
HOUSE BILLS FOR PERFECTION
1 HCS HB 1932 - Harlan
2 HCS HB 1967 - Hoppe
3 HB 1728, HCA 1 - Backer
4 HCS HB 1698 - Shelton
5 HCS HB 1762 - Williams (159)
6 HB 1881 - Auer
7 HCS HB 1489, 1488 & 1650 - Kennedy
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HCS HB 1362, HS, as amended, pending - Harlan
2 HCS HB 1602, as amended - Leake
3 HCS HB 1143, as amended - Scheve
4 HCS HB 1574 & 1640 - Britt
HOUSE BILL FOR PERFECTION - FEDERAL MANDATE
HB 1946 - Dougherty
HOUSE BILLS FOR THIRD READING
1 HS HCS HB 1305, E.C. - Rizzo
2 HS HCS HB 1677, 1675 & 1676 - Riback Wilson (25)
3 HS HCS HB 1652 & 1433 - Hoppe
4 HS HB 1603 - May (108)
5 HCS HB 1711, (Fiscal Review, 4-12-00) - Abel
6 HS HCS HB 1797 - Gratz
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1828 - Gross
2 HB 1095 - Richardson
3 HB 1358 - Loudon
4 HB 1275 - Chrismer
HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL
1 HB 1825 - Klindt
2 HB 1685 - Smith
SENATE JOINT RESOLUTION FOR SECOND READING
SS#2 SJR 53
SENATE BILL FOR SECOND READING
SS SCS SB 678 & 742
SENATE BILL FOR THIRD READING - INFORMAL
HCS SS SB 549, HS, pending - Van Zandt
HOUSE RESOLUTION
HR 91, (2-24-00, pgs. 397 & 398) - Crawford
Missouri House of
Representatives