Journal of the House



Second Regular Session, 90th General Assembly

SIXTY-FIFTH DAY, Thursday, May 4, 2000



Speaker Pro Tem Kreider in the Chair.



Prayer by Father Frederick Elskamp, St. Joseph Cathedral, Jefferson City.



Holy God, Creator of the universe, author of all truth, goodness, and life, we thank You for Your creation. We thank You for this beautiful day, and for this hour when we convene for the common good. We are called together by the people of Missouri to decide concerning important matters of state, which will affect many people.



Give us, we pray, wisdom; give us discernment; give us a sense of justice for all; for the rich and the poor, for the very old and the very young; the powerful and for the very weak. For those who will vote for us, and for those who will vote for our opponents. May we be fair and loving toward all. Help us to be honest with ourselves, with You, and honest with one another.



May we, then, be blessed today in our labors, and may we be a blessing for one another, and for all. And may we praise You, who deserve all praise and glory and honor. For the Kingdom is Yours, and the power, and the glory - forever and ever. 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: Christa Gilbert, Brandon Hamilton, Daniel King, Emily Werner and Kayle Anne Mosby.



Representative Smith assumed the Chair.



Speaker Pro Tem Kreider resumed the Chair.



Representative Crump moved that the Journal of the sixty-fourth day be approved as corrected.



Representative Shields raised a point of order that pursuant to Rule 94, the thirty minute time limit on the roll call had expired.



The Chair ruled the point of order well taken.



Representative Crump again moved that the Journal of the sixty-fourth day be approved as corrected.



Which motion was defeated by the following vote:



AYES: 071



Abel Auer Backer Barry 100 Berkowitz

Bonner Boucher 48 Boykins Britt Brooks

Clayton Crump Curls Davis 122 Davis 63

Days Dougherty Farnen Fitzwater Foley

Franklin Gambaro George Gratz Green

Gunn Hagan-Harrell Hampton Harlan Hickey

Hollingsworth Hoppe Kelly 27 Kennedy Kissell

Koller Kreider Lawson Leake Liese

Luetkenhaus May 108 McBride McKenna Merideth

Monaco Murray O'Connor O'Toole Overschmidt

Parker Ransdall Relford Reynolds Riley

Rizzo Scheve Seigfreid Selby Shelton

Smith Thompson Treadway Troupe Van Zandt

Wagner Ward Wiggins Williams 159 Wilson 42

Mr. Speaker



NOES: 076



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Berkstresser 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 Kelley 47 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

Sallee Schwab Scott Secrest Shields

Summers Surface Townley Tudor Vogel

Wright



PRESENT: 000



ABSENT WITH LEAVE: 015



Bray 84 Campbell Ford Fraser Graham 24

Hilgemann Hosmer Lakin Mays 50 McLuckie

Schilling Skaggs Stokan Williams 121 Wilson 25



VACANCIES: 001



Representative Shields raised a point of order that the House cannot proceed with further business of the House pursuant to Rule 2(c).



The Chair ruled the point of order not well taken.



Speaker Gaw assumed the Chair.



Representative Shields, having voted on the prevailing side, moved that the vote by which the approval of the Journal for the sixty-fourth day was defeated, be reconsidered.



Which motion was adopted by the following vote:







AYES: 125



Abel Akin Alter Auer Backer

Barnett Barry 100 Berkowitz Berkstresser Black

Bonner Boucher 48 Boykins Britt Brooks

Burton Campbell Champion Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dougherty Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Graham 106 Graham 24 Green

Griesheimer Gunn Hagan-Harrell Hampton Harlan

Hartzler 123 Hartzler 124 Hegeman Hickey Hilgemann

Holand Hollingsworth Hoppe Hosmer Kasten

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Long Luetkenhaus

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Monaco Murray Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Pouche 30 Pryor

Ransdall Reid Relford Reynolds Richardson

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Seigfreid

Shelton Shields Skaggs Smith Summers

Surface Thompson Townley Treadway Troupe

Tudor Van Zandt Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 034



Ballard Bartelsmeyer Bartle Bennett Blunt

Boatright Chrismer Cierpiot Dolan Elliott

Enz Evans Gibbons Gratz Gross

Hanaway Hendrickson Hohulin Howerton Kelley 47

Linton Loudon Luetkemeyer Marble Miller

Murphy Phillips Purgason Reinhart Ridgeway

Secrest Selby Vogel Wright



PRESENT: 000



ABSENT WITH LEAVE: 003



Bray 84 Lograsso Stokan



VACANCIES: 001



The Journal of the sixty-fourth day was approved as corrected by the following vote:



AYES: 111



Abel Auer Backer Barnett Barry 100

Berkowitz Black Bonner Boucher 48 Boykins

Bray 84 Britt Brooks Burton Campbell

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dougherty Farnen Fitzwater

Foley Franklin Fraser Gambaro Gaskill

George Graham 24 Gratz Green Gunn

Hagan-Harrell Hampton Harlan Hartzler 123 Hartzler 124

Hegeman Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Kasten Kelly 27 Kennedy

King Kissell Klindt Koller Kreider

Lakin Lawson Leake Liese Long

Luetkenhaus May 108 Mays 50 McBride McClelland

McKenna McLuckie Merideth Miller Monaco

Murray Myers Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Pryor Ransdall

Reid Relford Reynolds Richardson Riley

Rizzo Scheve Schilling 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

Mr. Speaker



NOES: 049



Akin Alter Ballard Bartelsmeyer Bartle

Bennett Berkstresser Blunt Boatright Champion

Chrismer Cierpiot Dolan Elliott Enz

Evans Foster Froelker Gibbons Graham 106

Griesheimer Gross Hanaway Hendrickson Hohulin

Howerton Kelley 47 Legan Levin Linton

Lograsso Loudon Luetkemeyer Marble Murphy

Naeger Patek Phillips Pouche 30 Purgason

Reinhart Ridgeway Robirds Ross Sallee

Schwab Scott Secrest Wright



PRESENT: 000



ABSENT WITH LEAVE: 002



Ford Stokan



VACANCIES: 001



Representative Scheve assumed the Chair.



Speaker Gaw resumed the Chair.



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 1462 - Representative Leake

House Resolution No. 1463

and

House Resolution No. 1464 - Representative Hampton

House Resolution No. 1465 - Representative Thompson

House Resolution No. 1466

and

House Resolution No. 1467 - Representative Ransdall

House Resolution No. 1468

through

House Resolution No. 1481 - Representative Levin

House Resolution No. 1482 - Representative Ross

House Resolution No. 1483 - Representative Secrest

House Resolution No. 1484 - Representative Berkowitz

House Resolution No. 1485 - Representative Sallee

House Resolution No. 1486 - Representative Nordwald

House Resolution No. 1487

through

House Resolution No. 1491 - Representative Relford



House Resolution No. 1492

and

House Resolution No. 1493 - Representative Wiggins



SECOND READING OF HOUSE CONCURRENT RESOLUTION



HCR 39 was read the second time.



SECOND READING OF SENATE CONCURRENT RESOLUTION



SCR 44 was read the second time.



COMMITTEE REPORTS



Committee on Fiscal Review, Chairman Backer reporting:



Mr. Speaker: Your Committee on Fiscal Review, to which was referred HCS SS SB 902 (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 SB 922 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.



HOUSE BILLS WITH SENATE AMENDMENTS



SCS HB 1097, relating to trespass, was taken up by Representative Hosmer.



On motion of Representative Hosmer, SCS HB 1097 was adopted by the following vote:



AYES: 151



Abel Akin Alter Auer Backer

Ballard Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser 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 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 Monaco Murphy Murray Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pouche 30

Purgason Ransdall Reinhart Relford Reynolds

Richardson Ridgeway Rizzo Robirds Ross

Scheve Schilling Scott Secrest Seigfreid

Selby Shelton Shields Skaggs Smith

Summers Surface Thompson Townley Treadway

Troupe Tudor Van Zandt Wagner Ward

Wiggins Williams 159 Wilson 25 Wilson 42 Wright

Mr. Speaker



NOES: 001



Hohulin



PRESENT: 003



Hanaway Reid Riley



ABSENT WITH LEAVE: 007



Barnett Pryor Sallee Schwab Stokan

Vogel Williams 121



VACANCIES: 001



On motion of Representative Hosmer, SCS HB 1097 was truly agreed to and finally passed by the following vote:



AYES: 150



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher 48 Boykins Bray 84

Britt Burton Campbell Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton 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 Luetkemeyer Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Monaco Murphy

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Phillips

Pouche 30 Purgason Ransdall Reid Reinhart

Relford Reynolds Ridgeway Rizzo Robirds

Ross Sallee 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 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 001



Hohulin



PRESENT: 002



Brooks Riley



ABSENT WITH LEAVE: 009



Franklin Graham 24 Hanaway Loudon Murray

Pryor Richardson Stokan Williams 121



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



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



Representative Britt moved that motion lay on the table.



The latter motion prevailed.



SCS HB 1739, relating to life insurance, was taken up by Representative Auer.



On motion of Representative Auer, SCS HB 1739 was adopted by the following vote:



AYES: 156



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner 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 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

Howerton Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Linton Lograsso Long Loudon 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

Richardson Ridgeway Riley Rizzo Robirds

Ross Sallee 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: 000



PRESENT: 000





ABSENT WITH LEAVE: 006



Boucher 48 Franklin Hosmer Kasten Luetkemeyer

Stokan



VACANCIES: 001



On motion of Representative Auer, SCS HB 1739 was truly agreed to and finally passed by the following vote:



AYES: 156



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright Bonner Boucher 48 Boykins Bray 84

Britt Brooks Burton Campbell Champion

Chrismer Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Evans Farnen Fitzwater

Foley Ford Foster 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

Howerton Kasten Kelley 47 Kelly 27 Kennedy

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

Monaco Murphy Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Phillips Pouche 30 Purgason

Ransdall Reid Reinhart Relford Reynolds

Richardson Ridgeway Riley Rizzo Robirds

Ross Sallee 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: 000



PRESENT: 000



ABSENT WITH LEAVE: 006



Cierpiot Franklin Hosmer King Pryor

Stokan



VACANCIES: 001



Speaker Gaw declared the bill passed.



The emergency clause was defeated by the following vote:









AYES: 105



Abel Auer Backer Barry 100 Bennett

Berkowitz Berkstresser Blunt Bonner Boucher 48

Boykins Bray 84 Britt Burton Campbell

Champion Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Evans Farnen Foley Foster

Franklin Fraser Gambaro George Graham 106

Graham 24 Gratz Green Gross Gunn

Hagan-Harrell Hampton Harlan Hartzler 123 Hartzler 124

Hegeman Hickey Hilgemann Holand Hollingsworth

Hoppe Kelly 27 Kissell Klindt Koller

Kreider Lawson Leake Legan Liese

Long Marble May 108 Mays 50 McBride

McKenna McLuckie Monaco Murray Naeger

Nordwald O'Connor O'Toole Overschmidt Parker

Patek Purgason Ransdall Relford Reynolds

Richardson Riley Rizzo Scheve Schilling

Scott Seigfreid Selby Shelton Shields

Skaggs Smith Summers Surface Thompson

Treadway Vogel Wagner Ward Wiggins

Williams 121 Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 047



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Black Boatright Chrismer Cierpiot

Enz Froelker Gaskill Gibbons Griesheimer

Hanaway Hendrickson Hohulin Howerton Kasten

Kelley 47 Kennedy King Levin Linton

Lograsso Loudon Luetkemeyer McClelland Merideth

Miller Murphy Myers Ostmann Phillips

Pouche 30 Pryor Reid Reinhart Ridgeway

Robirds Ross Schwab Secrest Townley

Tudor Wright



PRESENT: 000



ABSENT WITH LEAVE: 010



Brooks Fitzwater Ford Hosmer Lakin

Luetkenhaus Sallee Stokan Troupe Van Zandt



VACANCIES: 001



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



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



Representative McBride moved that motion lay on the table.



The latter motion prevailed.



HB 1428, with Senate Committee Amendment No. 1, Senate Committee Amendment No. 2 and Senate Committee Amendment No. 3, relating to memorial for injured or killed workers, was taken up by Representative Hickey.



Representative Hickey moved that the House concur in Senate Committee Amendment No. 1, Senate Committee Amendment No. 2 and Senate Committee Amendment No. 3.

Representative Reid made a substitute motion that the House concur in Senate Committee Amendment No. 2 and Senate Committee Amendment No. 3 and defeat Senate Committee Amendment No. 1.



Representative Foley raised a point of order that the substitute motion is a negatative motion.



The Chair ruled the point of order well taken.



Representative Patek made a substitute motion that the House concur in Senate Committee Amendment No. 2 and Senate Committee Amendment No. 3 and request the Senate to recede from its position on Senate Committee Amendment No. 1 or, failing to do so, grant the House a conference.



The Chair ruled the substitute motion out of order.



Representative Hickey again moved that the House concur in Senate Committee Amendment No. 1, Senate Committee Amendment No. 2 and Senate Committee Amendment No. 3 to HB 1428.



Which motion was adopted by the following vote:



AYES: 117



Abel Auer Backer Barnett Barry 100

Bennett Berkowitz Berkstresser Black Bonner

Boucher 48 Boykins Bray 84 Britt Brooks

Burton Campbell Cierpiot Clayton Crump

Curls Davis 122 Davis 63 Days Dolan

Dougherty Elliott Evans Farnen Fitzwater

Foley Ford Foster Franklin Fraser

Gambaro George Graham 106 Graham 24 Gratz

Green Gunn Hagan-Harrell Hampton Harlan

Hartzler 124 Hickey Hilgemann Hollingsworth Hoppe

Hosmer Howerton Kelly 27 Kennedy Kissell

Klindt Koller Kreider Lakin Lawson

Leake Legan Liese Long Loudon

Luetkenhaus May 108 Mays 50 McBride McKenna

McLuckie Merideth Monaco Murray Naeger

O'Connor O'Toole Ostmann Overschmidt Parker

Ransdall Reinhart Relford Reynolds Richardson

Ridgeway Riley Rizzo Robirds Ross

Scheve Schilling Schwab Scott Secrest

Seigfreid Selby Shelton Shields Skaggs

Smith Surface Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 159 Wilson 25 Wilson 42

Wright Mr. Speaker



NOES: 040



Akin Alter Ballard Bartelsmeyer Bartle

Blunt Boatright Champion Chrismer Crawford

Enz Froelker Gaskill Gibbons Griesheimer

Gross Hanaway Hartzler 123 Hegeman Hendrickson

Hohulin Holand Kasten Kelley 47 King

Levin Linton Luetkemeyer Marble McClelland

Miller Murphy Myers Nordwald Patek

Phillips Pouche 30 Pryor Purgason Summers



PRESENT: 001



Reid



ABSENT WITH LEAVE: 004



Lograsso Sallee Stokan Williams 121



VACANCIES: 001



On motion of Representative Hickey, HB 1428, as amended, was truly agreed to and finally passed by the following vote:



AYES: 147



Abel Akin Auer Backer Ballard

Barnett Barry 100 Bartle Bennett Berkowitz

Berkstresser Black Blunt 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

Gibbons Graham 106 Graham 24 Gratz 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 Long Loudon

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murphy Murray Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Purgason Ransdall Reid Reinhart Relford

Reynolds Richardson Ridgeway Riley Rizzo

Robirds Ross Sallee 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: 008



Alter Bartelsmeyer Boatright Hohulin Luetkemeyer

Myers Phillips Pouche 30



PRESENT: 000



ABSENT WITH LEAVE: 007



Bonner George Green Lograsso Naeger

Pryor Stokan



VACANCIES: 001



Speaker Gaw declared the bill passed.



The emergency clause was defeated by the following vote:





AYES: 108



Abel Auer Backer Barnett Barry 100

Berkowitz Black Blunt Bonner Boucher 48

Boykins Bray 84 Britt Brooks Burton

Campbell Champion Clayton Crawford Crump

Curls Davis 122 Davis 63 Days Dolan

Dougherty Farnen Fitzwater Foley Foster

Franklin Fraser Gambaro George Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton Harlan Hartzler 123

Hegeman Hickey Hilgemann Hollingsworth Hoppe

Hosmer Howerton Kelly 27 Kennedy Kissell

Koller Kreider Lakin Lawson Leake

Legan Long Loudon May 108 Mays 50

McBride McKenna McLuckie Merideth Monaco

Murray Nordwald O'Connor Overschmidt Parker

Patek Ransdall Reid Relford Reynolds

Riley Rizzo Scheve Schilling Schwab

Scott Secrest Seigfreid Selby Shelton

Shields Skaggs Smith Summers Surface

Thompson Townley Treadway Troupe Tudor

Vogel Wagner Ward Wiggins Williams 159

Wilson 25 Wilson 42 Mr. Speaker



NOES: 043



Akin Alter Ballard Bartelsmeyer Bartle

Berkstresser Boatright Chrismer Cierpiot Elliott

Enz Evans Froelker Gaskill Gibbons

Hanaway Hartzler 124 Hendrickson Hohulin Holand

Kasten Kelley 47 King Klindt Levin

Linton Luetkemeyer McClelland Miller Murphy

Myers Naeger Ostmann Phillips Pouche 30

Pryor Purgason Richardson Ridgeway Robirds

Ross Sallee Wright



PRESENT: 001



Bennett



ABSENT WITH LEAVE: 010



Ford Liese Lograsso Luetkenhaus Marble

O'Toole Reinhart Stokan Van Zandt Williams 121



VACANCIES: 001



On motion of Representative Mays (50), title to the bill was agreed to.



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



Representative Reynolds moved that motion lay on the table.



The latter motion prevailed.



SCS HB 1604, relating to land conveyance, was taken up by Representative Graham (106).



On motion of Representative Graham (106), SCS HB 1604 was adopted by the following vote:





AYES: 152



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 Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Griesheimer Gross Gunn

Hagan-Harrell Hampton Hanaway Harlan Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hilgemann

Holand Hollingsworth Hoppe Howerton Kasten

Kelley 47 Kelly 27 King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Legan Levin Liese Linton 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 Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Ridgeway Riley

Rizzo Robirds Ross Sallee Scheve

Schilling Schwab Scott Secrest Seigfreid

Selby Shelton Shields Skaggs Smith

Summers Surface Thompson Treadway Troupe

Tudor Van Zandt Vogel Wagner Ward

Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42

Wright Mr. Speaker



NOES: 001



Hohulin



PRESENT: 000



ABSENT WITH LEAVE: 009



Berkstresser Franklin Green Hosmer Kennedy

Lograsso Pryor Stokan Townley



VACANCIES: 001



On motion of Representative Graham (106), SCS HB 1604 was truly agreed to and finally passed by the following vote:



AYES: 152



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Boatright 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 Holand Hollingsworth Hoppe Howerton

Kasten Kelley 47 Kelly 27 King Kissell

Klindt Koller Kreider Lawson Leake

Legan Levin Liese Linton Long

Loudon Luetkemeyer Luetkenhaus Marble May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Miller Monaco Murray Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pouche 30

Pryor Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson 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: 003



Hanaway Hohulin Murphy



PRESENT: 000



ABSENT WITH LEAVE: 007



Bonner Hosmer Kennedy Lakin Lograsso

Sallee Stokan



VACANCIES: 001



Speaker Gaw declared the bill passed.



The emergency clause was adopted by the following vote:



AYES: 148



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Blunt

Bonner Boucher 48 Boykins Britt Burton

Campbell Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dougherty Elliott Enz Evans

Farnen Fitzwater Foley Foster Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Griesheimer Gross

Gunn Hagan-Harrell Hampton Harlan Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hilgemann

Holand Hollingsworth Hoppe Howerton Kasten

Kelley 47 Kelly 27 Kennedy King Kissell

Klindt Koller Kreider Lakin Lawson

Leake Legan Levin Liese Linton

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

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Rizzo Robirds Ross Sallee 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: 005



Boatright Hanaway Hohulin Phillips Riley



PRESENT: 001



Brooks



ABSENT WITH LEAVE: 008



Bray 84 Dolan Ford Franklin Green

Hosmer Lograsso Stokan



VACANCIES: 001



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



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



Representative Selby moved that motion lay on the table.



The latter motion prevailed.



RECONSIDERATION



Representative Ransdall, having voted on the prevailing side, moved that the vote by which SCS HCS HB 1142, as amended, was truly agreed to and finally passed, be reconsidered.



Which motion was adopted by the following vote:



AYES: 153



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black 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 Griesheimer Gross

Gunn Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Holand Hollingsworth Hoppe Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lawson

Leake Legan Levin Liese Linton

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 Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Ross Sallee 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: 002



Hohulin Robirds



PRESENT: 000



ABSENT WITH LEAVE: 007



Blunt Green Hosmer Lakin Lograsso

Patek Stokan



VACANCIES: 001



Representative Ransdall, having voted on the prevailing side, moved that the vote by which SCS HCS HB 1142, as amended, was adopted, be reconsidered.



Which motion was adopted by the following vote:



AYES: 154



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Bartle

Bennett Berkowitz Berkstresser Black Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Brooks Burton Campbell Champion Chrismer

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 Griesheimer Gross Gunn

Hagan-Harrell Hampton Hanaway Harlan Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Hollingsworth Hoppe Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lawson

Leake Legan Levin Liese Linton

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 Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

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: 000



PRESENT: 000





ABSENT WITH LEAVE: 008



Blunt Cierpiot Green Hosmer Lakin

Lograsso Patek Stokan



VACANCIES: 001



Representative Ransdall moved that the House refuse to adopt SCS HCS HB 1142, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.



Which motion was adopted.



Representative Dougherty assumed the Chair.



Speaker Gaw resumed the Chair.



BILLS IN CONFERENCE



CCR SCS HCS HB 1109, relating to appropriations, was taken up by Representative Troupe.



On motion of Representative Troupe, CCR SCS HCS HB 1109 was adopted 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 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 Miller

Monaco Murray O'Connor O'Toole Overschmidt

Parker Ransdall Relford Reynolds Riley

Rizzo Robirds 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: 072



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Bennett Berkstresser Black Blunt

Boatright Burton Champion Chrismer Cierpiot

Crawford Dolan Elliott Enz Evans

Foster Froelker Gaskill Gibbons Graham 106

Gratz Griesheimer Gross Hanaway Hartzler 123

Hartzler 124 Hegeman Hendrickson Hohulin Howerton

Kasten Kelley 47 King Klindt Levin

Linton Lograsso Long Loudon Luetkemeyer

Marble McClelland Myers Naeger Nordwald

Ostmann Patek Phillips Pouche 30 Pryor

Purgason Reid Reinhart Richardson Ridgeway

Ross Sallee Schwab Scott Secrest

Shields Summers Surface Townley Tudor

Vogel Wright



PRESENT: 001



Legan



ABSENT WITH LEAVE: 003



Holand Murphy Stokan



VACANCIES: 001



On motion of Representative Troupe, CCS SCS HCS HB 1109 was read the third time and passed by the following vote:



AYES: 122



Abel Alter Auer Backer Barnett

Barry 100 Bartle Berkowitz Bonner Boucher 48

Boykins Bray 84 Britt Brooks Burton

Campbell Champion Chrismer Cierpiot Clayton

Crump Curls Davis 122 Davis 63 Days

Dougherty Enz Farnen Fitzwater Foley

Ford Foster Franklin Fraser Froelker

Gambaro George Graham 106 Graham 24 Green

Griesheimer Gross Gunn Hagan-Harrell Hampton

Harlan Hartzler 124 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

Lograsso Luetkenhaus May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murphy Murray Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Pouche 30

Ransdall Reid Ridgeway Riley Rizzo

Robirds Ross Scheve Schilling Schwab

Seigfreid Selby Shelton Shields Skaggs

Smith Summers Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Mr. Speaker



NOES: 034



Akin Ballard Bartelsmeyer Bennett Berkstresser

Blunt Boatright Crawford Dolan Elliott

Evans Gaskill Gibbons Gratz Hartzler 123

Hegeman Hohulin Linton Long Loudon

Luetkemeyer Marble Naeger Patek Phillips

Pryor Purgason Reinhart Richardson Sallee

Scott Secrest Surface Wright



PRESENT: 000



ABSENT WITH LEAVE: 006



Black Hanaway Myers Relford Reynolds

Stokan



VACANCIES: 001



Speaker Gaw declared the bill passed.

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



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



Representative Koller moved that motion lay on the table.



The latter motion prevailed.



CCR SCS HCS HB 1110, as amended, relating to appropriations, was taken up by Representative Riback Wilson (25).



Representative Riback Wilson (25) moved that CCR SCS HCS HB 1110, as amended, be adopted.



Which motion was defeated by the following vote:



AYES: 073



Abel Auer Backer Berkowitz Boucher 48

Boykins Bray 84 Britt Brooks Campbell

Clayton Crump Curls Davis 122 Davis 63

Days Dougherty Farnen Fitzwater Foley

Franklin Fraser Gambaro George Graham 24

Green Gunn Hagan-Harrell Hampton Harlan

Hickey Hilgemann Hollingsworth Kennedy Kissell

Koller Kreider Lakin Lawson Leake

Luetkenhaus May 108 Mays 50 McBride McKenna

McLuckie Merideth Murray O'Connor O'Toole

Overschmidt Parker Ransdall Relford Riley

Scheve Schilling Seigfreid Selby Shelton

Skaggs Smith Thompson Treadway Troupe

Van Zandt Wagner Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Mr. Speaker



NOES: 081



Akin Alter Ballard Barnett Barry 100

Bartelsmeyer Bartle Bennett Berkstresser Black

Blunt Boatright Bonner Burton Champion

Chrismer Cierpiot Crawford Dolan Elliott

Enz Evans Foster Froelker Gaskill

Gibbons Graham 106 Gratz Griesheimer Gross

Hanaway Hartzler 123 Hartzler 124 Hegeman Hendrickson

Hohulin Holand Hoppe Howerton Kelley 47

Kelly 27 King Klindt Legan Levin

Liese Linton Lograsso Long Loudon

Luetkemeyer Marble McClelland Miller Myers

Naeger Nordwald Ostmann Phillips Pouche 30

Pryor Purgason Reid Reinhart Reynolds

Richardson Ridgeway Rizzo Robirds Ross

Sallee Schwab Scott Secrest Summers

Surface Townley Tudor Vogel Ward

Wright



PRESENT: 002



Patek Shields







ABSENT WITH LEAVE: 006



Ford Hosmer Kasten Monaco Murphy

Stokan



VACANCIES: 001



Representative Riback Wilson (25) moved that the House refuse to adopt CCR SCS HCS HB 1110, as amended, and request the Senate to grant the House a further conference.



Representative Lograsso made a substitute motion that the House refuse to adopt CCR SCS HCS HB 1110, as amended, and request the Senate grant the House further conference thereon, and that the House conferees be bound to the House position on Sections 10.110 and 10.415 and to the conference report on the rest of the bill.



The substitute motion was withdrawn.



Representative Lograsso made a substitute motion that the House refuse to adopt CCR SCS HCS HB 1110, as amended, and request the Senate to grant the House further conference thereon, and that the House conferees be bound on the conference committee report except in Sections 10.110 and 10.415.



Which motion was adopted.



REFERRAL OF SENATE BILLS



The following Senate Bills were referred to the Committee indicated:



HCS SS#2 SCS SBs 757 & 602 - Fiscal Review (Fiscal Note)

HCS SCS SB 842 - Fiscal Review (Fiscal Note)



MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SCS HCS HB 1120, as amended: Senators Goode, Maxwell, Wiggins, Russell and Westfall.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1486.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1568, entitled:



An act to repeal section 210.030, RSMo Supp. 1999, relating to women's health, and to enact in lieu thereof three new sections relating to the same subject.



In which the concurrence of the House is respectfully requested.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed HB 1596.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1848, entitled:



An act to repeal sections 324.130 and 334.040, RSMo Supp. 1999, relating to licensing of health practitioners, and to enact in lieu thereof two new sections relating to the same subject.



In which the concurrence of the House is respectfully requested.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1106, as amended, and has taken up and passed CCS HB 1106.



CONFERENCE COMMITTEE REPORT

ON

HOUSE BILL NO. 1120



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. 1120, 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 No. 1120.



2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1120.



3. That the attached Conference Committee Substitute for House Bill No. 1120, be truly agreed to and finally passed.



FOR THE HOUSE: FOR THE SENATE:

/s/ Dick Franklin /s/ Wayne Goode

/s/ Timothy P. Green /s/ Harry Wiggins

/s/ Scott Lakin /s/ Joe Maxwell

/s/ Charlie Shields /s/ John Russell

/s/ Ken Legan /s/ Morris Westfall















CONFERENCE COMMITTEE REPORT

ON

SENATE COMMITTEE SUBSTITUTE

FOR

HOUSE SUBSTITUTE

FOR

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE BILL NO. 1742



Mr. Speaker: Your Conference Committee, appointed to confer with a like committee of the Senate on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1742, with Senate Amendment No. 3, Senate Amendment No. 4, Senate Amendment No. 5, and Senate Amendment No. 6, begs leave to report that we, after free and fair discussion of the differences between the House and the Senate, have agreed to recommend and do recommend to the respective bodies as follows:



1. That the Senate recede from its position on Senate Committee Substitute for House Substitute for House Committee Substitute for House Bill No. 1742, as amended;



2. That the House recede from its position on House Substitute for House Committee Substitute for House Bill No. 1742;



3. That the attached Conference Committee Substitute be adopted.



FOR THE HOUSE: FOR THE SENATE:

/s/ Steve Gaw /s/ James Mathewson

/s/ Don Koller /s/ Danny Staples

/s/ Timothy P. Green /s/ John Scott

/s/ Cindy Ostmann /s/ John Russell

/s/ Jewell Patek /s/ Morris Westfall



On motion of Representative Crump, the House recessed until 4:00 p.m.



AFTERNOON SESSION



The hour of recess having expired, the House was called to order by Representative Smith.



The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Evan Holden and Scott McIlroy.



Representative Crump suggested the absence of a quorum.



The following roll call indicated a quorum present:





AYES: 128



Abel Akin Alter Auer Backer

Ballard Barnett Barry 100 Bartelsmeyer Berkowitz

Berkstresser Black Boatright Bonner Boucher 48

Boykins Bray 84 Britt Brooks Burton

Campbell Chrismer Cierpiot Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Elliott Enz Farnen

Fitzwater Foley Ford Franklin Fraser

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton Hartzler 123 Hegeman

Hendrickson Hickey Hilgemann Holand Hollingsworth

Hoppe Hosmer Howerton Kelly 27 Kennedy

Kissell Klindt Koller Kreider Lawson

Leake Legan Levin Liese Linton

Long Luetkenhaus May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Monaco

Murphy Murray Naeger Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Pouche 30

Pryor Ransdall Reid Relford Reynolds

Richardson Riley Rizzo Ross Sallee

Scheve Schilling Schwab Secrest Seigfreid

Selby Shelton Shields Skaggs Summers

Surface Thompson Townley Treadway Troupe

Tudor Van Zandt Wagner Ward Williams 159

Wilson 25 Wilson 42 Mr. Speaker



NOES: 014



Bartle Blunt Champion Kelley 47 Luetkemeyer

Miller Myers Patek Phillips Purgason

Reinhart Ridgeway Wiggins Wright



PRESENT: 007



Bennett Foster Hartzler 124 King Lograsso

Loudon Robirds



ABSENT WITH LEAVE: 013



Evans Froelker Hanaway Harlan Hohulin

Kasten Lakin Marble Scott Smith

Stokan Vogel Williams 121



VACANCIES: 001



HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED



House Resolution No. 1494 - Representative Summers

House Resolution No. 1495 - Representative Brooks, et al

House Resolution No. 1496 - Representative Bartelsmeyer

House Resolution No. 1497

and

House Resolution No. 1498 - Representative Van Zandt

House Resolution No. 1499

and

House Resolution No. 1500 - Representative Foley

House Resolution No. 1501 - Representative Williams (121)



Speaker Pro Tem Kreider resumed the Chair.



Representative Franklin moved that Rule 26 be suspended to allow the House conferees to meet on the Budget bills while the House is in session on May 4, 2000.



Which motion was adopted by the following vote:



AYES: 132



Abel Akin Alter Auer Barnett

Barry 100 Bartelsmeyer Bennett Berkowitz Berkstresser

Black Bonner Boykins Bray 84 Britt

Brooks Burton Campbell Champion Chrismer

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dougherty Elliott Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Froelker Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gross Gunn Hampton Hartzler 123

Hartzler 124 Hegeman Hickey Hilgemann Hohulin

Holand Hollingsworth Hoppe Howerton Kasten

Kelley 47 Kelly 27 Kennedy King Kissell

Klindt Koller Kreider Lawson Leake

Legan Levin Liese Long Luetkemeyer

Luetkenhaus May 108 Mays 50 McBride McClelland

McKenna McLuckie Merideth Monaco Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Phillips Pouche 30

Pryor Ransdall Reid Relford Reynolds

Richardson Riley Rizzo Ross Sallee

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 159 Wilson 25

Wilson 42 Mr. Speaker



NOES: 017



Ballard Bartle Blunt Boatright Cierpiot

Dolan Enz Hanaway Hendrickson Loudon

Miller Murphy Purgason Reinhart Ridgeway

Robirds Wright



PRESENT: 001



Patek



ABSENT WITH LEAVE: 012



Backer Boucher 48 Evans Hagan-Harrell Harlan

Hosmer Lakin Linton Lograsso Marble

Stokan Williams 121



VACANCIES: 001



THIRD READING OF HOUSE BILLS



HS HB 2011, relating to property tax, was taken up by Representative Overschmidt.





On motion of Representative Overschmidt, HS HB 2011 was read the third time and passed by the following vote:



AYES: 151



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Black Blunt Boatright Bonner

Boucher 48 Boykins Bray 84 Britt Brooks

Burton Campbell Champion Chrismer Clayton

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Elliott Enz 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 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 Lawson Leake Legan

Levin Liese Linton Lograsso Long

Loudon Luetkemeyer Luetkenhaus 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 Reinhart Relford

Reynolds Richardson Ridgeway Riley Rizzo

Robirds Ross Sallee 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 159 Wilson 25 Wilson 42 Wright

Mr. Speaker



NOES: 000



PRESENT: 001



Reid



ABSENT WITH LEAVE: 010



Backer Berkstresser Cierpiot Crawford Evans

Harlan Lakin Marble Stokan Williams 121



VACANCIES: 001



Speaker Pro Tem Kreider declared the bill passed.



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



Representative Wilson (42) moved that the vote by which the bill passed be reconsidered.



Representative Van Zandt moved that motion lay on the table.



The latter motion prevailed.



Speaker Gaw resumed the Chair.

HS HCS HB 1888, relating to loan repayment assistance for teachers, was taken up by Representative Wilson (42).



On motion of Representative Wilson (42), HS HCS HB 1888 was read the third time and passed by the following vote:



AYES: 127



Abel Auer Barnett Barry 100 Bartelsmeyer

Bartle Berkowitz Black Blunt Bonner

Boucher 48 Boykins Bray 84 Britt Brooks

Burton Campbell Champion Chrismer Clayton

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Elliott Enz Farnen

Fitzwater Foley Ford Foster Franklin

Fraser Froelker Gambaro George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hagan-Harrell Hampton Hartzler 123

Hartzler 124 Hendrickson Hickey Hilgemann Holand

Hollingsworth Hoppe Hosmer Howerton Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Liese Linton Loudon Luetkemeyer Luetkenhaus

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Monaco Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Ransdall

Reid Relford Reynolds Riley Rizzo

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Selby Shelton

Skaggs Smith Summers Surface Thompson

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 159 Wilson 25

Wilson 42 Mr. Speaker



NOES: 020



Akin Alter Ballard Boatright Crawford

Gaskill Hanaway Hegeman Hohulin Levin

Lograsso Phillips Pouche 30 Pryor Purgason

Ridgeway Robirds Shields Townley Wright



PRESENT: 000



ABSENT WITH LEAVE: 015



Backer Bennett Berkstresser Cierpiot Evans

Harlan Kasten Legan Long Marble

Murphy Reinhart Richardson Stokan Williams 121



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



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



Representative Seigfreid moved that motion lay on the table.



The latter motion prevailed.



HB 1159, relating to taxation, was taken up by Representative Boucher.



On motion of Representative Boucher, HB 1159 was read the third time and passed by the following vote:



AYES: 145



Abel Akin Alter Auer Barnett

Barry 100 Bartelsmeyer Bartle Berkowitz Berkstresser

Black Blunt Boatright Bonner Boucher 48

Boykins Bray 84 Britt Brooks Burton

Campbell Chrismer Cierpiot Clayton Crawford

Crump Curls Davis 122 Days Dolan

Dougherty Elliott Enz 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

Hartzler 123 Hartzler 124 Hegeman Hendrickson Hickey

Hilgemann Hohulin Holand Hollingsworth Hoppe

Hosmer Howerton Kelley 47 Kennedy King

Kissell Koller Kreider Lakin Lawson

Leake Legan Levin Liese Linton

Lograsso Long Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McBride McKenna

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 Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schwab Scott Secrest Seigfreid

Selby Shelton Skaggs Smith Surface

Thompson Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Wiggins

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 002



McLuckie Schilling



PRESENT: 001



McClelland



ABSENT WITH LEAVE: 014



Backer Ballard Bennett Champion Davis 63

Evans Harlan Kasten Kelly 27 Klindt

Shields Stokan Summers Williams 121



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



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



Representative Smith moved that motion lay on the table.



The latter motion prevailed.



HOUSE BILLS WITH SENATE AMENDMENTS



SCS HCS HB 1113, relating to appropriations, was taken up by Representative Green.



On motion of Representative Green, SCS HCS HB 1113 was adopted by the following vote:



AYES: 152



Abel Akin Alter Auer Ballard

Barry 100 Bartelsmeyer Bartle Bennett Berkowitz

Berkstresser 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 Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton 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 Monaco Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

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 159 Wilson 25

Wilson 42 Mr. Speaker



NOES: 004



Hanaway Hohulin Murphy Wright



PRESENT: 000



ABSENT WITH LEAVE: 006



Backer Barnett Evans Harlan Stokan

Williams 121



VACANCIES: 001



On motion of Representative Green, SCS HCS HB 1113 was truly agreed to and finally passed by the following vote:





AYES: 149



Abel Akin Alter Auer Ballard

Barry 100 Bartelsmeyer Bartle Bennett Berkowitz

Berkstresser Black Blunt Boatright Bonner

Boucher 48 Boykins Bray 84 Britt Brooks

Burton Campbell Champion Chrismer Clayton

Crawford Crump Curls Davis 122 Davis 63

Days Dolan Dougherty Elliott Enz

Farnen Fitzwater Foley Ford Foster

Franklin Fraser Froelker Gambaro Gaskill

George Gibbons Graham 106 Graham 24 Gratz

Green Griesheimer Gross Gunn Hampton

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 Monaco Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Parker

Patek Phillips Pouche 30 Pryor Purgason

Ransdall Reid Reinhart Relford Reynolds

Richardson Ridgeway Riley Rizzo Robirds

Ross Sallee Scheve Schilling Schwab

Scott Secrest Seigfreid Selby Shelton

Shields Skaggs Smith Summers Surface

Thompson Townley Treadway Troupe Tudor

Van Zandt Vogel Wagner Ward Williams 121

Williams 159 Wilson 25 Wilson 42 Mr. Speaker



NOES: 005



Cierpiot Hanaway Hohulin Murphy Wright



PRESENT: 000



ABSENT WITH LEAVE: 008



Backer Barnett Evans Hagan-Harrell Harlan

Overschmidt Stokan Wiggins



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



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



Representative Riley moved that motion lay on the table.



The latter motion prevailed.



SCS HB 1121, relating to appropriations, was taken up by Representative Franklin.



On motion of Representative Franklin, SCS HB 1121 was adopted by the following vote:



AYES: 148



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bennett Berkowitz Berkstresser

Black Bonner Boucher 48 Bray 84 Britt

Brooks Burton Campbell Champion Chrismer

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dolan Dougherty Elliott

Enz Farnen Fitzwater Foley Ford

Foster Franklin Fraser Froelker Gambaro

Gaskill George Gibbons Graham 106 Graham 24

Gratz Green Griesheimer Gross Gunn

Hagan-Harrell Hampton 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 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 Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

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 Mr. Speaker



NOES: 010



Bartelsmeyer Bartle Blunt Boatright Boykins

Cierpiot Hanaway Hohulin Loudon Wright



PRESENT: 000



ABSENT WITH LEAVE: 004



Backer Evans Harlan Stokan



VACANCIES: 001



On motion of Representative Franklin, SCS HB 1121 was truly agreed to and finally passed by the following vote:



AYES: 147



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bennett Berkowitz Berkstresser

Black Bonner Boucher 48 Bray 84 Britt

Brooks Burton Campbell Champion Chrismer

Cierpiot Clayton Crawford Crump Curls

Davis 122 Davis 63 Days Dolan Dougherty

Elliott Enz Farnen Fitzwater Foley

Ford Foster Franklin Fraser Froelker

Gambaro Gaskill George Gibbons Graham 106

Graham 24 Gratz Green Griesheimer Gross

Gunn Hagan-Harrell Hampton 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 Luetkemeyer Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Monaco Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson 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 Mr. Speaker



NOES: 010



Bartelsmeyer Bartle Blunt Boatright Boykins

Hanaway Hohulin Loudon Murphy Wright



PRESENT: 000



ABSENT WITH LEAVE: 005



Backer Evans Harlan Sallee Stokan



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



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



Representative Bonner moved that motion lay on the table.



The latter motion prevailed.



SCS HB 1122, relating to appropriations, was taken up by Representative Franklin.



On motion of Representative Franklin, SCS HB 1122 was adopted by the following vote:



AYES: 149



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartle Bennett Berkowitz

Berkstresser Black Blunt Boatright Bonner

Boucher 48 Boykins Britt Brooks Burton

Campbell Champion Chrismer Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dolan Dougherty Elliott Enz 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 Holand Hollingsworth Hoppe

Hosmer Howerton Kasten Kelley 47 Kelly 27

Kennedy King Kissell Klindt Koller

Kreider Lakin Lawson Leake Legan

Levin Liese Linton Long Luetkemeyer

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McKenna McLuckie Merideth Miller

Monaco Murray Myers Naeger Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Phillips Pouche 30 Pryor Ransdall

Reid Reinhart Relford Reynolds Richardson

Ridgeway Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Skaggs Smith Surface Thompson Townley

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 007



Bartelsmeyer Cierpiot Hanaway Hohulin Loudon

Murphy Purgason



PRESENT: 000



ABSENT WITH LEAVE: 006



Backer Bray 84 Evans Lograsso Stokan

Summers



VACANCIES: 001



On motion of Representative Franklin, SCS HB 1122 was truly agreed to and finally passed by the following vote:



AYES: 153



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartle Bennett Berkowitz

Berkstresser 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 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 Holand

Hollingsworth Hoppe Hosmer Howerton Kasten

Kelley 47 Kelly 27 Kennedy King Kissell

Klindt Koller Kreider Lakin Lawson

Leake Legan Levin Liese Linton

Long Loudon Luetkemeyer Luetkenhaus Marble

May 108 Mays 50 McBride McClelland McKenna

McLuckie Merideth Miller Monaco Murray

Myers Naeger Nordwald O'Connor O'Toole

Ostmann Overschmidt Parker Patek Phillips

Pouche 30 Pryor Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Secrest

Seigfreid Selby Shelton Shields Skaggs

Smith Surface Thompson Townley Treadway

Troupe Tudor Van Zandt Vogel Wagner

Ward Wiggins Williams 121 Williams 159 Wilson 25

Wilson 42 Wright Mr. Speaker





NOES: 004



Bartelsmeyer Hanaway Hohulin Murphy



PRESENT: 000



ABSENT WITH LEAVE: 005



Backer Evans Lograsso Stokan Summers



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



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



Representative Harlan moved that motion lay on the table.



The latter motion prevailed.



BILL IN CONFERENCE



Representative Crump moved that Rule 60(c) be suspended for the purpose of taking up CCR SCS HCS HB 1120.



Which motion was adopted by the following vote:



AYES: 149



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser 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 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 Hartzler 123

Hartzler 124 Hegeman Hickey Hilgemann Holand

Hollingsworth Hoppe Howerton Kasten Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Levin Liese Linton Long Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna McLuckie Merideth

Miller Monaco Murray Myers Naeger

Nordwald O'Connor O'Toole Ostmann Overschmidt

Parker Patek Phillips Pouche 30 Pryor

Ransdall Reid Reinhart Relford Reynolds

Richardson Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Skaggs Smith Surface Thompson Townley

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 005



Hendrickson Hohulin Murphy Purgason Ridgeway



PRESENT: 000



ABSENT WITH LEAVE: 008



Backer Evans Harlan Hosmer Legan

Lograsso Stokan Summers



VACANCIES: 001



CCR SCS HCS HB 1120, relating to appropriations, was taken up by Representative Franklin and placed on the Informal Calendar.



THIRD READING OF SENATE BILL



HCS SB 944, relating to school safety, was taken up by Representative Smith.



Representative Smith offered House Amendment No. 1.



House Amendment No. 1



AMEND House Committee Substitute for Senate Bill No. 944, Page 6, Section 160.522, Line 9 on said page, by inserting immediately after the word "suspensions" the following:



"of ten days or longer"; and



Further amend said bill, Page 16, Section 167.020, Line 47, by deleting the words "forty-eight hours" and by inserting in lieu thereof the words "two business days".



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



Representative Relford offered House Amendment No. 2.



Representative Smith raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Smith offered House Amendment No. 2.



House Amendment No. 2



AMEND House Committee Substitute for Senate Bill No. 944, Page 18, Section 167.115, Line 38, by deleting the words: "The superintendent or the designee of"; and



Further amend said bill, Page 18, Section 167.115, Lines 39 through 41, by deleting all of said lines; and



Further amend said bill, Page 18, Section 167.115, Line 56, by inserting immediately at the end of said line the following:



"8. The superintendent or the designee of the superintendent or other school employee who, in good faith, reports information in accordance with the terms of this section and section 160.261, RSMo, shall not be civilly liable for providing such information.".



Representative Relford 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.



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



Representative Kreider offered House Amendment No. 3.



Representative Smith raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Seigfreid offered House Amendment No. 3.



Representative Marble raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative May (108) offered House Amendment No. 3.



House Amendment No. 3



AMEND House Committee Substitute for Senate Bill No. 944, Page 27, Section 569.155, Line 11, by inserting immediately after said line the following:



"571.030. 1. A person commits the crime of unlawful use of weapons if he or she knowingly:

(1) Carries concealed upon or about his or her person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or

(2) Sets a spring gun; or

(3) Discharges or shoots a firearm into a dwelling house, a railroad train, boat, aircraft, or motor vehicle as defined in section 302.010, RSMo, or any building or structure used for the assembling of people; or

(4) Exhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner; or

(5) Possesses or discharges a firearm or projectile weapon while intoxicated; or

(6) Discharges a firearm within one hundred yards of any occupied school house, courthouse, or church building; or

(7) Discharges or shoots a firearm at a mark, at any object, or at random, on, along or across a public highway or discharges or shoots a firearm into any outbuilding; or

(8) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, [or into any school,] or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; [or]

(9) Discharges or shoots a firearm at or from a motor vehicle, as defined in section 301.010, RSMo, while within any city, town, or village, and discharges or shoots a firearm at any person, or at any other motor vehicle, or at any building or habitable structure, unless the person was lawfully acting in self-defense; or

(10) Carries a firearm, whether loaded or unloaded, or any other weapon readily capable of lethal use into any school, onto any school bus, or onto the premises of any function or activity sponsored or sanctioned by school officials or the district school board, unless the person is participating in a school-sanctioned firearm-related event.

2. Subdivisions (1), (3), (4), (6), (7), (8) [and] , (9) and (10) of subsection 1 of this section shall not apply to or affect any of the following:

(1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violation of the general criminal laws of the state or for violation of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer;

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime;

(3) Members of the armed forces or national guard while performing their official duty;

(4) Those persons vested by article V, section 1 of the Constitution of Missouri with the judicial power of the state and those persons vested by article III of the Constitution of the United States with the judicial power of the United States, the members of the federal judiciary;

(5) Any person whose bona fide duty is to execute process, civil or criminal;

(6) Any federal probation officer;

(7) Any state probation or parole officer, including supervisors and members of the board of probation and parole; and

(8) Any corporate security advisor meeting the definition and fulfilling the requirements of the regulations established by the board of police commissioners under section 84.340, RSMo.

3. Subdivisions (1), (5) [and] , (8) and (10) of subsection 1 of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subdivision (1) of subsection 1 of this section does not apply when the actor is also in possession of an exposed firearm or projectile weapon for the lawful pursuit of game, or is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subdivision (10) of subsection 1 of this section does not apply if the firearm is otherwise lawfully possessed by a person while traversing school premises for the purposes of transporting a student to or from school.

4. Unlawful use of weapons is a class D felony unless committed [under] pursuant to subdivision (5), (6), (7) or (8) of subsection 1 of this section, in which cases it is a class B misdemeanor, or subdivision (10) of subsection 1 of this section, in which case it is a class A misdemeanor if the firearm is unloaded and a class D felony if the firearm is loaded, or subdivision (9) of subsection 1 of this section, in which case it is a class B felony, except that if the violation of subdivision (9) of subsection 1 of this section results in injury or death to another person, it is a class A felony.

5. Violations of subdivision (9) of subsection 1 of this section shall be punished as follows:

(1) For the first violation a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony;

(2) For any violation by a prior offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation or conditional release for a term of ten years;

(3) For any violation by a persistent offender as defined in section 558.016, RSMo, a person shall be sentenced to the maximum authorized term of imprisonment for a class B felony without the possibility of parole, probation, or conditional release;

(4) For any violation which results in injury or death to another person, a person shall be sentenced to an authorized disposition for a class A felony.



6. Any person knowingly aiding or abetting any other person in the violation of subdivision (9) of subsection 1 of this section shall be subject to the same penalty as that prescribed by this section for violations by other persons."; and



Further amend the title, enacting clause and intersectional references accordingly.



Representative Smith raised a point of order that House Amendment No. 3 goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



On motion of Representative May (108), House Amendment No. 3 was adopted.



Representative Hollingsworth offered House Amendment No. 4.



House Amendment No. 4



AMEND House Committee Substitute for Senate Bill No. 944, Page 15, Section 167.020, Line 12, by inserting after the word "parent" the following: ", military guardian pursuant to a military-issued guardianship"; and



Further amend said bill, Page 16, Section 167.020, Line 34, by inserting after the word "parent" the following: ", military guardian"; and



Further amend said bill, Page 16, Section 167.020, Line 35, by inserting after the word "parent" the following: ", military guardian"; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative Hollingsworth, House Amendment No. 4 was adopted.



Representative Hendrickson offered House Amendment No. 5.



House Amendment No. 5



AMEND House Committee Substitute for Senate Bill No. 944, Page 17, Section 167.020, Line 75, by inserting after all of said line the following:



"167.023. Prior to admission to any public school, a school board may require the parent, guardian, or other person having control or charge of a child of school age to provide, upon enrollment, a sworn statement or affirmation indicating whether the student has been expelled from school attendance at any school, public or private, in this state or in any other state for an offense in violation of school board policies relating to weapons, alcohol or drugs, or for the willful infliction of injury to another person. Any person making a materially false statement or affirmation shall be guilty upon conviction of a class B misdemeanor. The registration document shall be maintained as a part of the student's scholastic record."; and



Further amend said bill, Page 20, Section 167.171, Line 29, by inserting after the following: "167.161]" the following:



"regardless of whether or not such act was committed at a public school or at a private school in this state, provided that such act shall have resulted in the suspension or expulsion of such pupil in the case of a private school,"; and

Further amend said bill, Page 20, Section 167.171, Line 33, by inserting after the word "that" the following: "school or"; and



Further amend said title, enacting clause and intersectional references accordingly.



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



Representative Ward offered House Amendment No. 6.



Representative Smith raised a point of order that House Amendment No. 6 is not germane to the bill.



The Chair ruled the point of order well taken.



Representative Patek offered House Amendment No. 6.



House Amendment No. 6



AMEND House Committee Substitute for Senate Bill No. 944, Page 28, Section 165.016, Line 15, by inserting after all of said line the following:



"166.485. 1. Beginning July 1, 2001, the department of elementary and secondary education shall provide a four-year competitive grant program to fund, or defray the cost of, establishment or expansion of student suicide prevention programs. Such programs may also include teacher and administrator training in suicide prevention programs. Such programs may be operated at the district or building level and, if operated, shall be operated at a public elementary or secondary school of this state.

2. Prior to July 1, 2001, the department of elementary and secondary education shall promulgate rules including but not limited to eligibility criteria, how applicant priority is established, the manner in which grant funds may or may not be used, proposed methods and documents of cooperation with the host school or school district in the case of nonschool applicants pursuant to subsection 3 of this section, and the form of grant applications.

3. Grants for the establishment or expansion of student suicide prevention programs may be applied for by either public schools, school districts, political subdivisions, corporations registered pursuant to the laws of this state, partnerships registered pursuant to the laws of this state or not for profit corporations as that term is defined in section 501(c)(3) of the Internal Revenue Code of 1986, as amended. In the case of applicants other than schools or school districts, such applicants shall accompany the grant application with a document of cooperation, approved by the department and signed by either the principal of a public school or by the superintendent of a school district, stating that the school or district shall furnish space and time for such program and stating the manner in which such program will be made available to its students.

4. In its grant application the school, school district, political subdivision, corporation, partnership or not for profit corporation shall describe any current or any proposed suicide prevention program, show a need for an improved suicide prevention program in the case of an existing program, and explain how it proposes to implement or improve its program with grant funds.

5. The grantee pursuant to this section shall make a report on its suicide prevention program after the second year of the grant to receive funds for years three and four. As part of the mid-grant progress report, the grantee shall report the progress of the program's development, as evidenced by the program's compliance with the original stated goals of the program. The department shall develop rules to determine compliance pursuant to this subsection, allowing for flexibility in application to varying grant projects but supplying rigorous standards so that compliance is measurable and meaningful in the context of the individual grant project.

6. Grants are renewable for an additional four-year term, based in part upon the results of the first grant.

7. Grants shall be distributed in equal amounts within geographic areas established proportionately based upon student population; provided that, funds may be reallocated by the department if an area has insufficient applications or insufficient eligible applications to obligate all funds for the area.

8. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been promulgated pursuant to chapter 536, RSMo."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Smith raised a point of order that House Amendment No. 6 is not germane and goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



On motion of Representative Patek, House Amendment No. 6 was adopted by the following vote:



AYES: 140



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser Black Blunt Boatright

Bonner Boucher 48 Britt Burton Campbell

Champion Chrismer Cierpiot Clayton Crawford

Crump Curls Davis 122 Dolan Dougherty

Elliott Enz Foley Ford Foster

Franklin Fraser Froelker Gambaro Gaskill

Gibbons Graham 106 Graham 24 Green Griesheimer

Gross Gunn Hampton Hanaway Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hilgemann

Hohulin Holand Hoppe Hosmer Howerton

Kasten Kelley 47 Kelly 27 Kennedy King

Kissell Klindt Koller Kreider Lakin

Lawson Leake Legan Levin Liese

Linton Lograsso Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McClelland McKenna

Merideth Miller Monaco Murphy Myers

Naeger Nordwald O'Connor O'Toole Ostmann

Overschmidt Parker Patek Phillips Pouche 30

Pryor Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Ridgeway Riley

Rizzo Robirds Ross Sallee Scheve

Schwab Scott Secrest Seigfreid Selby

Shields Skaggs Smith Summers Surface

Thompson Townley Treadway Troupe Tudor

Vogel Wagner Ward Wiggins Williams 121

Williams 159 Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 016



Bray 84 Davis 63 Days Farnen Fitzwater

George Gratz Hagan-Harrell Harlan Hollingsworth

McBride McLuckie Murray Schilling Shelton

Van Zandt



PRESENT: 001



Brooks



ABSENT WITH LEAVE: 005



Backer Boykins Evans Long Stokan



VACANCIES: 001



Representative Hanaway offered House Amendment No. 7.



Representative Smith raised a point of order that House Amendment No. 7 is not germane and goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Levin offered House Amendment No. 7.



House Amendment No. 7



AMEND House Committee Substitute for Senate Bill No. 944, Page 28, Section 574.150, Line 15, by inserting immediately after said line the following:



"Section 1. All public schools shall ensure that a criminal background check and child abuse registry check are conducted for each employee of the public school before the hiring of the employee. All public schools must conduct these checks on their existing school employees by January 1, 2001. The costs of these checks conducted after August 28, 2000 shall be funded through the Department of Elementary and Secondary Education."; and



Further amend by amending the title and enacting clause accordingly.



Representative Relford raised a point of order that House Amendment No. 7 goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



Representative Britt assumed the Chair.



Representative Hollingsworth offered House Substitute Amendment No. 1 for House Amendment 7.



House Substitute Amendment No. 1

for

House Amendment No. 7



AMEND House Committee Substitute for Senate Bill No. 944, Page 28, Section 574.150, Line 15, by inserting immediately after said line the following:



"Section 1. All public schools shall have a criminal background check and child abuse registry check conducted for each noncertified employee of the public school before the hiring of the employee through the Family Care Safety Registry. All public schools may conduct these checks on their existing school employees through the Family Care Safety Registry. The costs of these checks conducted after August 28, 2000 shall be funded through the Department of Elementary and Secondary Education."; and



Further amend by amending the title and enacting clause accordingly.



On motion of Representative Hollingsworth, House Substitute Amendment No. 1 for House Amendment No. 7 was adopted by the following vote:

AYES: 147



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser Black Blunt Bonner

Boucher 48 Boykins Bray 84 Britt Brooks

Burton Campbell Champion Chrismer Clayton

Crawford Crump Curls Davis 63 Days

Dolan Dougherty Elliott Evans Farnen

Foley Ford Foster Franklin Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Gunn Hagan-Harrell Hampton Hanaway

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 Liese Linton Lograsso Loudon

Luetkemeyer Luetkenhaus Marble May 108 Mays 50

McBride McClelland McKenna Merideth Miller

Monaco Murray Myers Naeger Nordwald

O'Connor O'Toole Ostmann Overschmidt Parker

Patek Phillips Pouche 30 Pryor Purgason

Ransdall Reid Reinhart Relford Reynolds

Richardson Ridgeway Riley Rizzo Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Skaggs Smith Summers Surface Thompson

Treadway Troupe Tudor Vogel Wagner

Ward Wiggins Williams 159 Wilson 25 Wilson 42

Wright Mr. Speaker



NOES: 006



Boatright Davis 122 Fitzwater Harlan McLuckie

Robirds



PRESENT: 000



ABSENT WITH LEAVE: 009



Backer Cierpiot Enz Long Murphy

Stokan Townley Van Zandt Williams 121



VACANCIES: 001



Speaker Gaw resumed the Chair.



Representative Gambaro offered House Amendment No. 8.



House Amendment No. 8



AMEND House Committee Substitute for Senate Bill No. 944, Page 28, Section 574.150, Line 15, by inserting immediately at the end of said section and line, the following:



"Section 1. Charter, private and parochial schools shall not be civilly liable for providing to other schools any information required to be provided pursuant to this act."; and



Further amend the title, enacting clause and intersectional references accordingly.



On motion of Representative Gambaro, House Amendment No. 8 was adopted.

Representative Shields offered House Amendment No. 9.



Representative Hollingsworth raised a point of order that House Amendment No. 9 is not germane to the bill.



The Chair ruled the point of order well taken.



Representative Reid offered House Amendment No. 9.



House Amendment No. 9



AMEND House Committee Substitute for Senate Bill No. 944, Page 2, Section 160.261, Line 43, by inserting immediately after said line the following:



"(20) First degree child molestation under 566.067;

(21) Deviate sexual assault under 566.070;

(22) Sexual misconduct involving a child under 566.083;

(23) Sexual abuse under 566.100;"; and



Further amend said section by renumbering the paragraphs accordingly; and



Further amend said bill, Page 18, Section 167.115, Line 24, by inserting immediately after said line the following:



"(19) First degree child molestation under 566.067;

(20) Deviate sexual assault under 566.070;

(21) Sexual misconduct involving a child under 566.083;

(22) Sexual abuse under 566.100;"; and



Further amend said section by renumbering the paragraphs accordingly.



On motion of Representative Reid, House Amendment No. 9 was adopted by the following vote:



AYES: 146



Akin Alter Auer Ballard Barnett

Barry 100 Bartelsmeyer Bartle Bennett Berkowitz

Berkstresser 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 Enz

Farnen Fitzwater Foley Ford Franklin

Fraser Froelker Gambaro Gaskill George

Gibbons Graham 106 Graham 24 Gratz Green

Griesheimer Gross Gunn Hagan-Harrell Hampton

Hanaway Harlan Hartzler 123 Hegeman Hendrickson

Hickey Hilgemann Hohulin Holand Hollingsworth

Hoppe Hosmer Howerton Kasten Kelley 47

Kelly 27 Kennedy King Kissell Klindt

Koller Kreider Lakin Lawson Leake

Levin Liese Linton Loudon Luetkemeyer

Luetkenhaus Marble May 108 Mays 50 McBride

McClelland McKenna Merideth Miller Monaco

Murray Myers Naeger Nordwald O'Connor

O'Toole Ostmann Overschmidt Parker Patek

Phillips Pouche 30 Purgason Ransdall Reid

Reinhart Relford Reynolds Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Scheve Schilling Schwab Scott Secrest

Seigfreid Selby Shelton Shields Skaggs

Smith Summers Surface Thompson Treadway

Troupe Tudor Vogel Wagner Ward

Wiggins Williams 159 Wilson 25 Wilson 42 Wright

Mr. Speaker



NOES: 000



PRESENT: 000



ABSENT WITH LEAVE: 016



Abel Backer Elliott Evans Foster

Hartzler 124 Legan Lograsso Long McLuckie

Murphy Pryor Stokan Townley Van Zandt

Williams 121



VACANCIES: 001



Representative Gratz offered House Amendment No. 10.



Representative Smith raised a point of order that House Amendment No. 10 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Patek offered House Amendment No. 10.



House Amendment No. 10



AMEND House Committee Substitute for Senate Bill No. 944, Page 7, Section 160.522, Line 36, by inserting after all of said line the following:



"160.635. 1. There is hereby established a "Safe Schools Blue Ribbon Award", which the governor may award to any of the top twenty school districts in this state, as determined by safe schools criteria developed by the state board of education pursuant to this section. On or before July 1, 2001, the state board of education shall develop the criteria for this award, which may include but shall not be limited to:

(1) Any school facilities and safety criteria previously developed by the state board of education for school district accreditation pursuant to the Missouri school improvement program or its successor document;

(2) The number of crimes committed per year on school property during school hours; and

(3) The number and quality of crime prevention programs, drug prevention programs or other similar programs.

2. In addition to referring the top twenty school districts to the governor for eligibility for the safe schools blue ribbon award, the state board of education shall also issue a report to the governor and to the general assembly which identifies the twenty school districts that attained the lowest score pursuant to the award criteria. The state board shall, in such report, issue recommendations for school safety improvements in each such district, including but not limited to the resources, intervention programs or other assistance that each district may use to improve its rating pursuant to this section.

3. No rule or portion of a rule promulgated pursuant to this section shall take effect unless such rule has been promulgated pursuant to chapter 536, RSMo."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Patek moved that House Amendment No. 10 be adopted.



Which motion was defeated.



Representative Gaskill offered House Amendment No. 11.



Representative Smith raised a point of order that House Amendment No. 11 is not germane and goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Barry offered House Amendment No. 11.



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



The Chair ruled the point of order well taken.



Representative Relford offered House Amendment No. 11.



House Amendment No. 11



AMEND House Committee Substitute for Senate Bill No. 944, Page 21, Section 167.171, Line 80, by adding after all of said line the following:



"168.142. 1. If an employee or school board member has direct knowledge that a certificate holder has committed an act that would be a sexual offense pursuant to chapter 566, RSMo, a drug offense pursuant to chapter 195, RSMo, or child abuse pursuant to section 568.060, RSMo, that employee or school board member shall report such act of such certificate holder to the district superintendent and to the appropriate local law enforcement agency as soon as is reasonably practicable. Upon receiving a report of such act the superintendent shall notify the department of elementary and secondary education of such act.

2. If a local board of education has a written policy that substantially complies with the provisions of subsection 1 of this section, then any employee or school board member who follows that written policy shall be deemed to have complied with the provisions of subsection 1 of this section.

3. Any employee or school board member acting in conformity with either the provisions of subsection 1 of this section or any substantially complying policy pursuant to subsection 2 of this section shall not be civilly liable for any such conforming action.

4. Any employee, school board member or superintendent who fails to report any of the offenses listed in subsection 1 of this section to the appropriate local law enforcement agency shall be guilty of a class A misdemeanor."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Smith 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.



On motion of Representative Relford, House Amendment No. 11 was adopted.

Representative Boucher offered House Amendment No. 12.



Representative Smith raised a point of order that House Amendment No. 12 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Gibbons offered House Amendment No. 12.



Representative Hollingsworth raised a point of order that House Amendment No. 12 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Reid offered House Amendment No. 12.



House Amendment No. 12



AMEND House Committee Substitute for Senate Bill No. 944, Page 18, Section 167.115, Lines 37 and 38, by placing an opening bracket before the word "This" on Line 37, and a closing bracket after the word "pupil" on Line 38.



Representative Hollingsworth raised a point of order that House Amendment No. 12 amends previously amended material.



The Chair ruled the point of order not well taken.



Representative Reid moved that House Amendment No. 12 be adopted.



Which motion was defeated by the following vote:



AYES: 056



Akin Alter Ballard Barnett Bartelsmeyer

Bartle Boatright Champion Chrismer Cierpiot

Dolan Enz Foster Froelker Gaskill

Graham 106 Hanaway Hartzler 123 Hartzler 124 Hegeman

Hohulin Hosmer Kasten Kennedy King

Klindt Levin Linton Long Loudon

Luetkemeyer Marble Miller Murphy Myers

Naeger Nordwald O'Connor Phillips Pouche 30

Purgason Reid Reinhart Richardson Ridgeway

Robirds Ross Sallee Schwab Scott

Secrest Summers Surface Tudor Vogel

Wright



NOES: 093



Abel Auer Barry 100 Bennett Berkowitz

Black Blunt Bonner Boykins Bray 84

Britt Brooks Campbell Clayton Crawford

Crump Curls Davis 122 Davis 63 Days

Dougherty Farnen Fitzwater Foley Ford

Franklin Fraser Gambaro George Gibbons

Graham 24 Gratz Green Griesheimer Gunn

Hagan-Harrell Hampton Harlan Hendrickson Hickey

Hilgemann Hollingsworth Hoppe Howerton Kelly 27

Kissell Koller Kreider Lakin Lawson

Leake Legan Liese Luetkenhaus May 108

Mays 50 McBride McClelland McKenna McLuckie

Merideth Monaco Murray O'Toole Ostmann

Overschmidt Parker Patek Pryor Ransdall

Relford Reynolds Riley Rizzo Scheve

Schilling Seigfreid Selby Shelton Shields

Skaggs Smith Thompson Treadway Troupe

Van Zandt Wagner Ward Wiggins Williams 159

Wilson 25 Wilson 42 Mr. Speaker



PRESENT: 001



Berkstresser



ABSENT WITH LEAVE: 012



Backer Boucher 48 Burton Elliott Evans

Gross Holand Kelley 47 Lograsso Stokan

Townley Williams 121



VACANCIES: 001



Representative Fraser offered House Amendment No. 13.



Representative Fitzwater raised a point of order that House Amendment No. 13 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative McClelland offered House Amendment No. 13.



House Amendment No. 13



AMEND House Committee Substitute for Senate Bill No. 944, Page 7, Section 160.660, Line 11, by inserting after all of said line the following:



"161.650. 1. The department of elementary and secondary education shall identify and[, if necessary,] adopt an existing program or programs of educational instruction regarding violence prevention to be administered by public school districts pursuant to subsection 2 of this section, and which shall include, but shall not be limited to, instructing students of the negative consequences, both to the individual and to society at large, of membership in or association with criminal street gangs or participation in criminal street gang activity, as those phrases are defined in section 578.421, RSMo, and shall include related training for school district employees directly responsible for the education of students concerning violence prevention and early identification of and intervention in violent behavior. The state board of education shall adopt such program or programs by rule as approved for use in Missouri public schools. The program or programs of instruction shall encourage nonviolent conflict resolution of problems facing youth; present alternative constructive activities for the students; encourage community participation in program instruction, including but not limited to parents and law enforcement officials; and shall be administered as appropriate for different grade levels and shall not be offered for academic credit.

2. [Beginning no later than the 1998-99 school year and each school year thereafter,] All public school districts within this state with the approval of the district's board of education may administer the program or programs of student instruction adopted pursuant to subsection 1 of this section to students within the district starting at the kindergarten level and every year thereafter through the twelfth grade level.

3. Any district adopting and providing a program of instruction pursuant to this section shall be entitled to receive state aid pursuant to section 163.031, RSMo. If such aid is determined by the department to be insufficient to implement any program or programs adopted by a district pursuant to this section:

(1) The department may fund the program or programs adopted pursuant to this section or pursuant to subsection 2 of section 160.530, RSMo, or both, after securing any funding available from alternative sources[.]; and

(2) School districts may fund the program or programs from funds received pursuant to subsection 1 of section 160.530, RSMo, and section 166.260, RSMo.

4. No rule or portion of a rule promulgated [under the authority of] pursuant to this section shall become effective unless it has been promulgated pursuant to [the provisions of section 536.024] chapter 536, RSMo.

163.031. 1. School districts which meet the requirements of section 163.021 shall be entitled to an amount computed as follows: an amount determined by multiplying the number of eligible pupils by the lesser of the district's equalized operating levy for school purposes as defined in section 163.011 or two dollars and seventy-five cents per one hundred dollars assessed valuation multiplied by the guaranteed tax base per eligible pupil times the proration factor plus an amount determined by multiplying the number of eligible pupils by the greater of zero or the district's equalized operating levy for school purposes as defined in section 163.011 minus two dollars and seventy-five cents per one hundred dollars assessed valuation multiplied by the guaranteed tax base per eligible pupil times the proration factor. For the purposes of this section, the proration factor shall be equal to the sum of the total appropriation for distribution under subsections 1 and 2 of this section; and the state total of the deductions as calculated in subsection 2 of this section which do not exceed the district entitlements as adjusted by the same proration factor; divided by the amount of the state total of district entitlements before proration as calculated pursuant to this subsection; provided that, if the proration factor so calculated is greater than one, the proration factor for line 1(b) shall be the greater of one or the proration factor for line 1(a) minus five hundredths, and provided that if the proration factor so calculated is less than one, the proration factor for line 1(a) shall be the lesser of one or the proration factor for line 1(b) plus five hundredths.

2. From the district entitlement for each district there shall be deducted the following amounts: an amount determined by multiplying the district equalized assessed valuation by the district's equalized operating levy for school purposes times the district income factor plus ninety percent of any payment received the current year of protested taxes due in prior years no earlier than the 1997 tax year minus the amount of any protested taxes due in the current year and for which notice of protest was received during the current year; one hundred percent of the amount received the previous year for school purposes from intangible taxes, fines, forfeitures and escheats, payments in lieu of taxes and receipts from state assessed railroad and utility tax, except that any penalty paid after July 1, 1995, by a concentrated animal feeding operation as defined by the department of natural resources rule shall not be included; one hundred percent of the amounts received the previous year for school purposes from federal properties pursuant to sections 12.070 and 12.080, RSMo; federal impact aid received the previous year for school purposes pursuant to P.L. 81-874 less fifty thousand dollars multiplied by ninety percent or the maximum percentage allowed by federal regulation if that percentage is less than ninety; fifty percent, or the percentage otherwise provided in section 163.087, of Proposition C revenues received the previous year for school purposes from the school district trust fund pursuant to section 163.087; one hundred percent of the amount received the previous year for school purposes from the fair share fund pursuant to section 149.015, RSMo; and one hundred percent of the amount received the previous year for school purposes from the free textbook fund, pursuant to section 148.360, RSMo.

3. School districts which meet the requirements of section 163.021 shall receive categorical add-on revenue as provided in this subsection. There shall be individual proration factors for each categorical entitlement provided for in this subsection, and each proration factor shall be determined by annual appropriations, but no categorical proration factor shall exceed the entitlement proration factor established pursuant to subsection 1 of this section, except that the vocational education entitlement proration factor established pursuant to line 16 of subsection 6 of this section and the educational and screening program entitlements proration factor established pursuant to line 17 of subsection 6 of this section may exceed the entitlement proration factor established pursuant to subsection 1 of this section. The categorical add-on for the district shall be the sum of: seventy-five percent of the costs of adopting and providing a violence prevention program pursuant to section 161.650, RSMo, multiplied by the proration factor; seventy-five percent of the district allowable transportation costs pursuant to section 163.161 multiplied by the proration factor; the special education approved or allowed cost entitlement for the district, provided for by section 162.975, RSMo, multiplied by the proration factor; seventy-five percent of the district gifted education approved or allowable cost entitlement as determined pursuant to section 162.975, RSMo, multiplied by the proration factor; the free and reduced lunch eligible pupil count for the district, as defined in section 163.011, multiplied by twenty percent, for a district with an operating levy in excess of two dollars and seventy-five cents per one hundred dollars assessed valuation, or twenty-two percent, otherwise times the guaranteed tax base per eligible pupil times two dollars and seventy-five cents per one hundred dollars assessed valuation times the proration factor plus the free and reduced lunch eligible pupil count for the district, as defined in section 163.011, times thirty percent times the guaranteed tax base per eligible pupil times the following quantity: ((the greater of zero or the district's operating levy for school purposes minus two dollars and seventy-five cents per one hundred dollars assessed valuation) times one or, beginning in the fifth year following the effective date of this section, the quotient of the district's fiscal instructional ratio of efficiency for the prior year divided by the fiscal year 1998 statewide average fiscal instructional ratio of efficiency, if the district's prior year fiscal instructional ratio of efficiency is at least five percent below the fiscal year 1998 statewide average) times the proration factor, minus court-ordered state desegregation aid received by the district for operating purposes; the career ladder entitlement for the district, as provided for in sections 168.500 to 168.515, RSMo, multiplied by the proration factor; the vocational education entitlement for the district, as provided for in section 167.332, RSMo, multiplied by the proration factor and the district educational and screening program entitlements as provided for in sections 178.691 to 178.699, RSMo, times the proration factor.

4. Each district's apportionment shall be the prorated categorical add-ons plus the greater of the district's prorated entitlement minus the total deductions for the district or zero.

5. (1) In the 1993-94 school year and all subsequent school years, pursuant to section 10(c) of article X of the state constitution, a school district shall adjust upward its operating levy for school purposes to the extent necessary for the district to at least maintain the current operating expenditures per pupil received by the district from all sources in the 1992-93 school year, except that its operating levy for school purposes shall not exceed the highest tax rate in effect subsequent to the 1980 tax year, or the minimum rate required by subsection 2 of section 163.021, whichever is less.

(2) The revenue per eligible pupil received by a district from the following sources: line 1 minus line 10, or zero if line 1 minus line 10 is less than zero, plus line 14 of subsection 6 of this section, shall not be less than the revenue per eligible pupil received by a district in the 1992-93 school year from the foundation formula entitlement payment amount plus the amount of line 14 per eligible pupil that exceeds the line 14 per pupil amount from the 1997-98 school year, or the revenue per eligible pupil received by a district in the 1992-93 school year from the foundation formula entitlement payment amount plus the amount of line 14(a) per eligible pupil times the quotient of line 1 minus line 10, divided by the number of eligible pupils, or zero if line 1 minus line 10 is less than zero, divided by the revenue per eligible pupil received by the district in the 1992-93 school year from the foundation formula entitlement payment amount, whichever is greater. The department of elementary and secondary education shall make an addition in the payment amount of line 19 of subsection 6 of this section to assure compliance with the provisions contained in this section.

(3) For any school district which meets the eligibility criteria for state aid as established in section 163.021, but which under subsections 1 to 4 of this section, receives no state aid for two successive school years, other than categorical add-ons, by August first following the second such school year, the commissioner of education shall present a plan to the superintendent of the school district for the waiver of rules and the duration of said waivers, in order to promote flexibility in the operations of the district and to enhance and encourage efficiency in the delivery of instructional services. The provisions of other law to the contrary notwithstanding, the plan presented to the superintendent shall provide a summary waiver, with no conditions, for the pupil testing requirements pursuant to section 160.257, RSMo. Further, the provisions of other law to the contrary notwithstanding, the plan shall detail a means for the waiver of requirements otherwise imposed on the school district related to the authority of the state board of education to classify school districts pursuant to section 161.092, RSMo, and such other rules as determined by the commissioner of education, except that such waivers shall not include the provisions established pursuant to sections 160.514 and 160.518, RSMo.

(4) In the 1993-94 school year and each school year thereafter for two years, those districts which are entitled to receive state aid under subsections 1 to 4 of this section, shall receive state aid in an amount per eligible pupil as provided in this subsection. For the 1993-94 school year, the amount per eligible pupil shall be twenty-five percent of the amount of state aid per eligible pupil calculated for the district for the 1993-94 school year pursuant to subsections 1 to 4 of this section plus seventy-five percent of the total amount of state aid received by the district from all sources for the 1992-93 school year for which the district is entitled and which are distributed in the 1993-94 school year pursuant to subsections 1 to 4 of this section. For the 1994-95 school year, the amount per eligible pupil shall be fifty percent of the amount of state aid per eligible pupil calculated for the district for the 1994-95 school year pursuant to subsections 1 to 4 of this section plus fifty percent of the total amount of state aid received by the district from all sources for the 1992-93 school year for which the district is entitled and which are distributed in the 1994-95 school year pursuant to subsections 1 to 4 of this section. For the 1995-96 school year, the amount of state aid per eligible pupil shall be seventy-five percent of the amount of state aid per eligible pupil calculated for the district for the 1995-96 school year pursuant to subsections 1 to 4 of this section plus twenty-five percent of the total amount of state aid received by the district from all sources for the 1992-93 school year for which the district is entitled and which are distributed in the 1995-96 school year pursuant to subsections 1 to 4 of this section. Nothing in this subdivision shall be construed to limit the authority of a school district to raise its district operating levy pursuant to subdivision (1) of this subsection.

(5) If the total of state aid apportionments to all districts pursuant to subdivision (3) of this subsection is less than the total of state aid apportionments calculated pursuant to subsections 1 to 4 of this section, then the difference shall be deposited in the outstanding schools trust fund. If the total of state aid apportionments to all districts pursuant to subdivision (1) of this subsection is greater than the total of state aid apportionments calculated pursuant to subsections 1 to 4 of this section, then funds shall be transferred from the outstanding schools trust fund to the state school moneys fund to the extent necessary to fund the district entitlements as modified by subdivision (4) of this subsection for that school year with a district entitlement proration factor no less than one and such transfer shall be given priority over all other uses for the outstanding schools trust fund as otherwise provided by law.

6. State aid shall be determined as follows:

District Entitlement

1(a). Number of eligible pupils x (lesser of district's equalized operating levy for school purposes or two dollars and seventy-five cents per one hundred dollars assessed valuation) x (proration x GTB per EP)........................$.........

1(b). Number of eligible pupils x (greater of: 0, or district's equalized operating levy for school purposes minus two dollars and seventy-five cents per one hundred dollars assessed valuation) x (proration x GTB per EP)......................................................................................................................................................................... $.......

Deductions

2. District equalized assessed valuation x district income factor x district's equalized operating levy for school purposes plus ninety percent of any yment received the current year of protested taxes due in prior years no earlier than the 1997 tax year minus the amount of any protested taxes due in the current year and for which notice of protest was received during the current year............................................................................................................................. $.......

3. Intangible taxes, fines, forfeitures, escheats, payments

in lieu of taxes, etc. (100% of the amount received the

previous year for school purposes)......................................................................................................... $.......

4. Receipts from state assessed railroad and utility

tax (100% of the amount received the previous year for

school purposes)..................................................................................................................................... $.......

5. Receipts from federal properties pursuant to sections

12.070 and 12.080, RSMo (100% of the amount received

the previous year for school purposes)................................................................................................... $.......

6. (Federal impact aid received the previous year for

school purposes pursuant to P.L. 81-874 less $50,000) x

90% or the maximum percentage allowed by federal

regulations if less than 90%.................................................................................................................. $.......

7. Fifty percent or the percentage otherwise provided in

section 163.087 of Proposition C receipts from the

school district trust fund received the previous year

for school purposes pursuant to section 163.087 ................................................................................$........

8. One hundred percent of the amount received the previous year for school purposes from the fair share fund pursuant to section 149.015, RSMo ..................................................................................................... $.......

9. One hundred percent of the amount received the previous year for school purposes from the free textbook fund pursuant to section 148.360, RSMo...................................................................................................... $.......

10. Total deductions (sum of lines2-9)...................................................................................................... $.......

Categorical Add-ons

11. The amount distributed pursuant to section

163.161 x proration ............................................................................................................................ $.......

12. Special education approved or allowed cost entitlement

for the district pursuant to section 162.975,

RSMo, x proration .............................................................................................................................. $.......

13. Seventy-five percent of the gifted education

approved or allowable cost entitlement as determined

pursuant to section 162.975, RSMo, x proration .................................................................................$.......

14(a). Free and reduced lunch eligible pupil count for the district, as defined in section 163.011, x .20, if operating levy in excess of $2.75, or .22, otherwise x GTB per EP x $2.75 per $100 AV x proration....................................................................................................... $....... 14(b). Free and reduced lunch eligible pupil count for the

district, as defined in section 163.011 x .30 x GTB x

((the greater of zero or the district's adjusted operating levy minus $2.75 per $100 AV) x (1.0 or, beginning in the fifth year following the effective date of this section, the district's FIRE for the prior year/statewide average FIRE for FY 1998, if the district's prior year FIRE is at least five percent below the FY 1998 statewide average FIRE) x proration) - court-ordered state desegregation aid received by the district for operating purposes........................................................................................................ $.......

15. Career ladder entitlement for the district as provided

for in sections 168.500 to 168.515, RSMo,

x proration .......................................................................................................................................... $.......

16. Vocational education entitlements for the district

as provided in section 167.332, RSMo,

x proration........................................................................................................................................... $.......

17. Educational and screening program entitlements for

the district as provided in sections 178.691 to

178.699, RSMo, x proration ............................................................................................................... $.......

18. Sum of categorical add-ons for the district

(sum of lines 11-17) ........................................................................................................................... $.......

19. District apportionment (line 18 plus the greater of

line 1 minus line 10 or zero) ............................................................................................................... $.......

7. Revenue received for school purposes by each school district pursuant to this section shall be placed in each of the incidental and teachers' funds based on the ratio of the property tax rate in the district for that fund to the total tax rate in the district for the two funds.

8. In addition to the penalty for line 14 described in subsection 6 of this section, beginning in school year 2004-05, any increase in a school district's funds received pursuant to line 14 of subsection 6 of this section over the 1997-98 school year shall be reduced by one percent for each full percentage point the percentage of the district's pupils scoring at or above five percent below the statewide average level on either mathematics or reading is less than sixty-five percent.

9. If a school district's annual audit discloses that students were inappropriately identified as eligible for free or reduced-price lunch and the district does not resolve the audit finding, the department of elementary and secondary education shall require that the amount of line 14 aid paid on the inappropriately identified pupils be repaid by the district in the next school year and shall additionally impose a penalty of one hundred percent of the line 14 aid paid on such pupils, which penalty shall also be paid within the next school year. Such amounts may be repaid by the district through the withholding of the amount of state aid."; and



Further amend said title, enacting clause and intersectional references accordingly.



On motion of Representative McClelland, House Amendment No. 13 was adopted.



Representative Hanaway offered House Amendment No. 14.





House Amendment No. 14



AMEND House Committee Substitute for Senate Bill No. 944, Page 18, Section 167.115.3, Line 38, by inserting before the word "pupil" the words "public school".



On motion of Representative Hanaway, House Amendment No. 14 was adopted by the following vote:



AYES: 094



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartle Bennett Berkstresser

Black Blunt Boatright Bonner Boykins

Champion Chrismer Cierpiot Crawford Dolan

Enz Foley Foster Froelker Gambaro

Gaskill George Gibbons Graham 106 Gratz

Green Griesheimer Gross Hanaway Hartzler 123

Hartzler 124 Hegeman Hendrickson Hickey Hohulin

Holand Hoppe Howerton Kelley 47 Kelly 27

Kennedy King Kissell Koller Lawson

Legan Levin Liese Linton Loudon

Luetkemeyer Luetkenhaus Marble McKenna Miller

Murphy Murray Myers Naeger Nordwald

O'Connor Overschmidt Parker Patek Phillips

Pouche 30 Pryor Purgason Reid Reinhart

Reynolds Richardson Ridgeway Riley Robirds

Ross Sallee Schwab Scott Secrest

Shelton Shields Summers Surface Treadway

Tudor Vogel Wagner Wright



NOES: 054



Berkowitz Boucher 48 Bray 84 Britt Brooks

Campbell Clayton Crump Curls Davis 122

Davis 63 Days Dougherty Farnen Fitzwater

Ford Franklin Fraser Graham 24 Gunn

Hagan-Harrell Hampton Harlan Hilgemann Hollingsworth

Hosmer Kreider Leake May 108 Mays 50

McBride McClelland McLuckie Merideth Monaco

O'Toole Ostmann Ransdall Relford Rizzo

Scheve Schilling Seigfreid Selby Skaggs

Smith Thompson Van Zandt Ward Wiggins

Williams 159 Wilson 25 Wilson 42 Mr. Speaker



PRESENT: 000



ABSENT WITH LEAVE: 014



Backer Bartelsmeyer Burton Elliott Evans

Kasten Klindt Lakin Lograsso Long

Stokan Townley Troupe Williams 121



VACANCIES: 001



Representative Miller offered House Amendment No. 15.



Representative Monaco raised a point of order that House Amendment No. 15 goes beyond the scope and is not germane to the bill.



The Chair ruled the point of order well taken.



Representative Riley offered House Amendment No. 15.



House Amendment No. 15



AMEND House Committee Substitute for Senate Bill No. 944, Page 28, Section 574.150, Line 15, by inserting after all of said lines the following:



"Section 1. Any program providing child care to preschool or school age children that is located and operated on elementary or secondary public school property shall comply with the child care licensure provisions in chapter 210, RSMo; except that, for safety, health and fire purposes, any such program shall comply with the safety, health and fire provisions required of school districts in this state in lieu of the safety, health and fire provisions of chapter 210, RSMo. This section shall not apply to any extended day child care program pursuant to sections 167.290 to 167.310, RSMo, or any head start programs pursuant to sections 660.650 to 660.657, RSMo."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Smith raised a point of order that House Amendment No. 15 is not germane and goes beyond the scope of the bill.



The Chair ruled the point of order not well taken.



On motion of Representative Riley, House Amendment No. 15 was adopted.



Representative Reid offered House Amendment No. 16.



Representative Kennedy raised a point of order that House Amendment No. 16 goes beyond the scope of the bill.



Representative Smith raised an additional point of order that House Amendment No. 16 amends previously amended material and is dilatory.



The Chair ruled the point of order well taken.



Representative Gambaro offered House Amendment No. 16.



House Amendment No. 16



AMEND House Committee Substitute for Senate Bill No. 944, Page 21, Section 167.171, Line 80, by inserting after all of said line the following:



"168.221. 1. In an effort to improve school student safety and promote a good educational environment, the first five years of employment of all teachers entering the employment of the metropolitan school district shall be deemed a period of probation during which period all appointments of teachers shall expire at the end of each school year. During the probationary period any probationary teacher whose work is unsatisfactory shall be furnished by the superintendent of schools with a written statement setting forth the nature of his or her incompetency. If improvement satisfactory to the superintendent is not made within one semester after the receipt of the statement, the probationary teacher shall be dismissed. The semester granted the probationary teacher in which to improve shall not in any case be a means of prolonging the probationary period beyond five years and six months from the date on which the teacher entered the employ of the board of education. The superintendent of schools on or before the fifteenth day of April in each year shall notify probationary teachers who will not be retained by the school district of the termination of their services. Any probationary teacher who is not so notified shall be deemed to have been appointed for the next school year. Any principal who prior to becoming a principal had attained permanent employee status as a teacher shall upon ceasing to be a principal have a right to resume his or her permanent teacher position with the time served as a principal being treated as if such time had been served as a teacher for the purpose of calculating seniority and pay scale. The rights and duties and remuneration of a teacher who was formerly a principal shall be the same as any other teacher with the same level of qualifications and time of service.

2. After completion of satisfactory probationary services, appointments of teachers shall become permanent, subject to removal for any one or more causes herein described and to the right of the board to terminate the services of all who attain the age of compulsory retirement fixed by the retirement system. In determining the duration of the probationary period of employment in this section specified, the time of service rendered as a substitute teacher shall not be included.

3. No teacher whose appointment has become permanent may be removed except for one or more of the following causes: immorality, inefficiency in line of duty, violation of the published regulations of the school district, violation of the laws of Missouri governing the public schools of the state, or physical or mental condition which incapacitates him or her for instructing or associating with children, and then only by a vote of not less than [a majority of all] the requisite number of members of the board pursuant to this subsection, upon written charges presented by the superintendent of schools, to be heard by the board after thirty days' notice, with copy of the charges served upon the person against whom they are preferred, who shall have the privilege of being present, together with counsel, offering evidence and making defense thereto. Notifications received by an employee during a vacation period shall be considered as received on the first day of the school term following. At the request of any person so charged the hearing shall be public. The action and decision of the board upon the charges shall be final. Pending the hearing of the charges, the person charged may be suspended if the rules of the board so prescribe, but in the event the board does not, by a [majority] vote of [all the] not less than the requisite number of members pursuant to this subsection, remove the teacher upon charges presented by the superintendent, the person shall not suffer any loss of salary by reason of the suspension. Inefficiency in line of duty is cause for dismissal only after the teacher has been notified in writing at least one semester prior to the presentment of charges against him or her by the superintendent. The notification shall specify the nature of the inefficiency with such particularity as to enable the teacher to be informed of the nature of his or her inefficiency. The board may vote to remove a teacher pursuant to this subsection as follows:

(1) At the first meeting at which the removal of a teacher is at issue, at least four members of the board must be present in order to conduct a removal hearing or a vote of removal, and the board shall not remove such teacher unless a majority of the members present at such meeting vote in favor of removal; and

(2) At any meeting after the first meeting at which the removal of the same teacher is at issue, at least three members of the board must be present in order to conduct a removal hearing or a vote of removal, and the board shall not remove such teacher unless a majority of the members present at such meeting vote in favor of removal; except that, if only three members of the board are present at such meeting, then a unanimous vote of all three present members shall be required to remove such teacher.

4. No teacher whose appointment has become permanent shall be demoted nor shall his or her salary be reduced unless the same procedure is followed as herein stated for the removal of the teacher because of inefficiency in line of duty, and any teacher whose salary is reduced or who is demoted may waive the presentment of charges against him or her by the superintendent and a hearing thereon by the board. The foregoing provision shall apply only to permanent teachers prior to the compulsory retirement age under the retirement system. Nothing herein contained shall in any way restrict or limit the power of the board of education to make reductions in the number of teachers or principals, or both, because of insufficient funds, decrease in pupil enrollment, or abolition of particular subjects or courses of instruction, except that the abolition of particular subjects or courses of instruction shall not cause those teachers who have been teaching the subjects or giving the courses of instruction to be placed on leave of absence as herein provided who are qualified to teach other subjects or courses of instruction, if positions are available for the teachers in the other subjects or courses of instruction.

5. Whenever it is necessary to decrease the number of teachers or principals, or both, because of insufficient funds or a substantial decrease of pupil population within the school district, the board of education upon recommendation of the superintendent of schools may cause the necessary number of teachers or principals, or both, beginning with those serving probationary periods, to be placed on leave of absence without pay, but only in the inverse order of their appointment. Nothing herein stated shall prevent a readjustment by the board of education of existing salary schedules. No teacher or principal placed on a leave of absence shall be precluded from securing other employment during the period of the leave of absence. Each teacher or principal placed on leave of absence shall be reinstated in inverse order of his or her placement on leave of absence. Such reemployment shall not result in a loss of status or credit for previous years of service. No new appointments shall be made while there are available teachers or principals on leave of absence who are seventy years of age or less and who are adequately qualified to fill the vacancy unless the teachers or principals fail to advise the superintendent of schools within thirty days from the date of notification by the superintendent of schools that positions are available to them that they will return to employment and will assume the duties of the position to which appointed not later than the beginning of the school year next following the date of the notice by the superintendent of schools.

6. If any regulation which deals with the promotion of either teachers or principals, or both, is amended by increasing the qualifications necessary to be met before a teacher or principal is eligible for promotion, the amendment shall fix an effective date which shall allow a reasonable length of time within which teachers or principals may become qualified for promotion under the regulations."; and



Further amend said title, enacting clause and intersectional references accordingly.



Representative Gambaro moved that House Amendment No. 16 be adopted.



Which motion was defeated.



Representative Dougherty offered House Amendment No. 17.



House Amendment No. 17



AMEND House Committee Substitute for Senate Bill No. 944, Page 21, Section 161.171, Line 80, by adding at the end of said line the following:



"The Department of Elementary and Secondary Education shall provide a mechanism for school disciplinary hearings to consider appeals from local school districts of pupils who have been expelled or suspended for acts of violence as defined by the department. The department may accept, amend or reject the findings and punishment decreed by the local school board.".



Representative Dougherty moved that House Amendment No. 17 be adopted.



Which motion was defeated.



On motion of Representative Smith, HCS SB 944, as amended, was adopted.



On motion of Representative Smith, HCS SB 944, as amended, was read the third time and passed by the following vote:



AYES: 154



Abel Akin Alter Auer Ballard

Barnett Barry 100 Bartelsmeyer Bartle Bennett

Berkowitz Berkstresser Black Blunt Boatright

Bonner Boucher 48 Boykins Bray 84 Britt

Brooks Campbell Champion Chrismer Cierpiot

Clayton Crawford Crump Curls Davis 122

Davis 63 Days Dolan Dougherty Enz

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 Liese

Lograsso 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 Richardson

Ridgeway Riley Rizzo Robirds Ross

Sallee Scheve Schilling Schwab Scott

Secrest Seigfreid Selby Shelton Shields

Skaggs Smith Summers Surface Thompson

Treadway Troupe Tudor Van Zandt Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 000



PRESENT: 000



ABSENT WITH LEAVE: 008



Backer Burton Elliott Evans Linton

Long Stokan Townley



VACANCIES: 001



Speaker Gaw declared the bill passed.



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



Representative Davis (122) moved that the vote by which the bill passed be reconsidered.



Representative Mays (50) moved that motion lay on the table.



The latter motion prevailed.



MESSAGES FROM THE SENATE



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SCS HCS HB 1142, as amended, and grants the House a conference thereon.



The President Pro Tem has appointed the following Conference Committee to act with a like committee from the House: Senators Johnson, Mathewson, Caskey, Childers and Russell.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1107, as amended, and has taken up and passed CCS HB 1107.





Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1108, and has taken up and passed CCS HB 1108.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and adopted the Conference Committee Report on SCS HCS HB 1109, and has taken up and passed CCS HB 1109.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate grants the House further conference on SCS HCS HB 1110, as amended.



Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SCS HCS HB 1110, as amended: Senators Goode, Maxwell, Wiggins, Russell and Westfall.



APPOINTMENT OF CONFERENCE COMMITTEE



The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:



HCS SCS HB 1142: Representatives Ransdall, Wiggins, Leake, Hartzler (124) and Marble



RE-APPOINTMENT OF CONFERENCE COMMITTEE



The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:



SCS HCS HB 1110: Representatives Franklin, Williams (121), Riback Wilson (25), Shields and Patek



THIRD READING OF SENATE BILL - INFORMAL



HCS SB 856, with Part I, as amended, Part II, as amended, adopted, and Part III, Part IV and Part V of HS, as amended, pending, relating to regulation of managed care, was taken up by Representative Harlan.



Representative Smith resumed the Chair.



Representative Harlan moved that Part III of HS HCS SB 856, as amended, be adopted.



Which motion was defeated.



Representative Harlan offered House Amendment No. 1 to Part IV of HS HCS SB 856.



House Amendment No. 1

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 41, Section 376.1405, Line 2, by adding after said line the following:



"4. Every health carrier shall after January 1, 2002 make formulary information available to participating pharmacists through the Internet or other electronic means. The department of insurance shall develop rules to implement the requirements of this subsection and to protect the proprietary rights of the health carrier.".



On motion of Representative Harlan, House Amendment No. 1 to Part IV of HS HCS SB 856 was adopted.



Representative Harlan offered House Amendment No. 2 to Part IV of HS HCS SB 856.



House Amendment No. 2

for

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 28, Section 376.1350, Lines 7-13, by deleting all of said lines and inserting in lieu thereof the following:



"(4) "Certification" or "certifies", a determination by a health carrier or its designee utilization review organization that an admission, availability of care, continued stay or other health care service has been reviewed and, based on the information provided, satisfies the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, [and] effectiveness, and that the service shall be paid for by the plan"; and



Further amend said bill, Page 38, Section 376.1361, Lines 20-24, by deleting all of said lines; and



Further amend said bill, Page 39, Section 376.1361, Lines 1-14, by deleting all of said lines and inserting in lieu thereof the following:



"provider or other authorized representative, [authorizes] certifies the provision of health care services.

13. If an authorized representative of a health carrier [authorizes] certifies the provision of health care services, the health carrier shall not subsequently retract its [authorization] certification after the health care services have been provided, or reduce payment for an item or service furnished in reliance on [approval] such certification, unless

(1) Such [authorization] certification is based on a material misrepresentation or omission about the treated person's health condition or the cause of the health condition; or

(2) The health benefit plan terminates before the health care services are provided; [or]

(3) The covered person's coverage under the health benefit plan terminates before the health care services are provided; or

(4) The covered person's coverage under the health benefit plan has exceeded such person's annual or lifetime benefits limit.".



Representative Griesheimer offered House Substitute Amendment No. 1 for House Amendment No. 2 to Part IV of HS HCS SB 856.







House Substitute Amendment No. 1

for

House Amendment No. 2

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 28, Section 376.1350, Lines 7-13, by deleting all of said lines and inserting in lieu thereof the following:



"(4) "Certification" or "certifies", a determination by a health carrier or its designee utilization review organization that an admission, availability of care, continued stay or other health care service has been reviewed and, based on the information provided, satisfies the health carrier's requirements for medical necessity, appropriateness, health care setting, level of care, [and] effectiveness, and that the service is a covered benefit under the plan"; and



Further amend said bill, Page 38, Section 376.1361, Lines 20-24, by deleting all of said lines; and



Further amend said bill, Page 39, Section 376.1361, Lines 1-14, by deleting all of said lines and inserting in lieu thereof the following:



"provider or other authorized representative, [authorizes] certifies the provision of health care services.

13. If an authorized representative of a health carrier [authorizes] certifies the provision of health care services, the health carrier shall not subsequently retract its [authorization] certification after the health care services have been provided, or reduce payment for an item or service furnished in reliance on [approval] such certification, unless

(1) Such [authorization] certification is based on a material misrepresentation or omission about the treated person's health condition or the cause of the health condition; or

(2) The health benefit plan terminates before the health care services are provided; [or]

(3) The covered person's coverage under the health benefit plan terminates before the health care services are provided; or

(4) The covered person's coverage under the health benefit plan has exceeded such person's annual or lifetime benefits limit.".



On motion of Representative Griesheimer, House Substitute Amendment No. 1 for House Amendment No. 2 to Part IV of HS HCS SB 856 was adopted.



Representative Holand offered House Amendment No. 3 to Part IV of HS HCS SB 856.



House Amendment No. 3

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 26, Section 376.893, Line 10, by inserting after the word "provide" the following: "upon request"; and



Further amend said bill, Page 27, Section 376.895, Line 12, by inserting after the word "provide" the following: "upon request".



On motion of Representative Holand, House Amendment No. 3 to Part IV of HS HCS SB 856 was adopted.



Representative Abel offered House Amendment No. 4 to Part IV of HS HCS SB 856.





House Amendment No. 4

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 38, Section 376.1361, Line 11, by adding after the word "the" the word "dispensing"; and



Further amend said bill, Page 38, Section 376.1361, Line 12, by deleting the words "primary care physician,"; and



Further amend said bill, Page 38, Section 376.1361, Line 14, by deleting the word "or" and inserting in lieu thereof the word "and"; and



Further amend said bill, Page 38, Section 376.1361, Lines 15-17, by deleting said lines and inserting in lieu thereof the following:



"(b) The health carrier shall notify the dispensing pharmacist and the enrollee when it modifies its formulary.".



Speaker Gaw resumed the Chair.



On motion of Representative Abel, House Amendment No. 4 to Part IV of HS HCS SB 856 was adopted.



Representative Hosmer offered House Amendment No. 5 to Part IV of HS HCS SB 856.



House Amendment No. 5

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 24, Line 23, by inserting immediately after said line the following:



"376.815. No health carrier, as defined in section 376.1350 shall change its drug formulary except at the beginning of each policy annual anniversary date. A health carrier, however, may add new prescription drugs to its formulary during such period. No health carrier shall increase an enrollee's co-payment, co-insurance or other out-of-pocket expense for formulary drugs except at the beginning of each policy annual anniversary date."; and



Further amend the title and enacting clause accordingly.



Representative Monaco offered House Substitute Amendment No. 1 for House Amendment No. 5 to Part IV of HS HCS SB 856.



House Substitute Amendment No. 1

for

House Amendment No. 5

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 24, Line 23, by inserting immediately after said line the following:

"376.815. No health carrier, as defined in section 376.1350 shall change its drug formulary except pursuant to FDA recommendation or at the beginning of each policy annual anniversary date. A health carrier, however, may add new prescription drugs to its formulary during such period. No health carrier shall increase an enrollee's co-payment, co-insurance or other out-of-pocket expense for formulary drugs except at the beginning of each policy annual anniversary date."; and



Further amend the title and enacting clause accordingly.



On motion of Representative Monaco, House Substitute Amendment No. 1 for House Amendment No. 5 to Part IV of HS HCS SB 856 was adopted.



Representative Naeger offered House Amendment No. 6 to Part IV of HS HCS SB 856.



House Amendment No. 6

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 31, Section 376.1350, Line 17, by inserting after the word "facility;" the following: "or any home medical equipment provider"; and



Further amend said section, Page 31, Line 19, by inserting after the word "medication" the following: "; or durable medical equipment".



On motion of Representative Naeger, House Amendment No. 6 to Part IV of HS HCS SB 856 was adopted.



Representative Monaco offered House Amendment No. 7 to Part IV of HS HCS SB 856.



Representative Loudon raised a point of order that House Amendment No. 7 to Part IV of HS HCS SB 856 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Gross offered House Amendment No. 7 to Part IV of HS HCS SB 856.



House Amendment No. 7

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 42, Section 376.1408, Lines 9-10, by deleting said lines and inserting in lieu thereof the following:



"(2) Three representatives from the insurance industry;

(3) Three members from the general public; and

(4) Three representatives from the employer community who have experience in selecting employer-provided health care plans, at least one of which should be a human resource director or benefits manager. In addition, each of the three employer representatives shall be selected from one of the following three categories, a business with fewer than twenty-five employees in this state, a business with more than twenty-five and fewer than one hundred employees in this state, and a business with more than one hundred employees in this state.".

On motion of Representative Gross, House Amendment No. 7 to Part IV of HS HCS SB 856 was adopted.



Representative Wright offered House Amendment No. 8 to Part IV of HS HCS SB 856.



Representative Patek raised a point of order that House Amendment No. 8 to Part IV of HS HCS SB 856 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



Representative Richardson offered House Amendment No. 8 to Part IV of HS HCS SB 856.



House Amendment No. 8

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 26, Section 376.893.3(4), Line 12, by inserting after the period in said line the following:



"The provisions of this subsection shall only apply if the notice required by subsection 1 of this section contains the mailing address of both parents of a covered child."; and



Further amend said bill, Page 27, Section 376.895, Line 15, by inserting after the period in said line the following:



"The provisions of this section shall only apply if the notice required by Section 376.893.1 contains the mailing address of both parents of a covered child.".



On motion of Representative Richardson, House Amendment No. 8 to Part IV of HS HCS SB 856 was adopted.



Representative Auer offered House Amendment No. 9 to Part IV of HS HCS SB 856.



House Amendment No. 9

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 43, Section 2, Line 23, by inserting after said line the following:



"Section 2. No health care provider shall submit directly or through a billing service any bill or payment request to a patient until such time that the claim for services has been finally adjudicated, except that the provider may bill for any applicable deductible, copayment, or coinsurance.".



On motion of Representative Auer, House Amendment No. 9 to Part IV of HS HCS SB 856 was adopted by the following vote:







AYES: 082



Akin Alter Auer Ballard Barnett

Bartelsmeyer Bartle Bennett Berkstresser Black

Blunt Boatright Bonner Boykins Brooks

Champion Chrismer Cierpiot Crawford Davis 122

Dolan Elliott Enz Evans Foster

Froelker Gambaro Gibbons Graham 106 Griesheimer

Gunn Hagan-Harrell Hampton Hanaway Hartzler 123

Hegeman Hendrickson Howerton Kelley 47 King

Kissell Klindt Kreider Leake Levin

Liese Loudon Luetkemeyer Luetkenhaus Marble

May 108 McClelland McKenna Merideth Miller

Murphy Myers O'Toole Ostmann Phillips

Pouche 30 Purgason Ransdall Reid Reinhart

Relford Reynolds Richardson Ridgeway Robirds

Ross Scott Secrest Shields Summers

Thompson Tudor Vogel Wagner Ward

Williams 159 Wright



NOES: 054



Barry 100 Berkowitz Boucher 48 Bray 84 Britt

Campbell Clayton Crump Curls Davis 63

Dougherty Farnen Fitzwater Foley Ford

Franklin Fraser Gaskill George Graham 24

Gratz Green Harlan Hickey Hilgemann

Hollingsworth Hoppe Hosmer Kelly 27 Kennedy

Koller Lakin Mays 50 McLuckie Monaco

Murray Naeger Nordwald Overschmidt Patek

Riley Rizzo Schilling Seigfreid Selby

Shelton Skaggs Treadway Van Zandt Wiggins

Williams 121 Wilson 25 Wilson 42 Mr. Speaker



PRESENT: 001



Holand



ABSENT WITH LEAVE: 025



Abel Backer Burton Days Gross

Hartzler 124 Hohulin Kasten Lawson Legan

Linton Lograsso Long McBride O'Connor

Parker Pryor Sallee Scheve Schwab

Smith Stokan Surface Townley Troupe



VACANCIES: 001



Representative Elliott offered House Amendment No. 10 to Part IV of HS HCS SB 856.



House Amendment No. 10

to

Part IV



AMEND Part IV of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 39, Section 376.1361, Line 14, by adding after said line the following:



"14. Any provider who knowingly submits false information to any health carrier for purposes of seeking authorization for coverage for services which would otherwise not be a covered benefit shall be guilty of fraud. Such acts may be reported as a fraudulent claim pursuant to 375.992 RSMo. In addition to other remedies provided by law, any carrier who has received false information described in this subsection, may file a civil action against the provider for any violation of this subsection. If the court finds that a violation of this section has occurred, the court shall award to the prevailing plaintiff fees and other expenses, in addition to any amount paid to the provider for services provided which were authorized based on the false information, if such services would otherwise not have been a covered benefit but for the reliance upon the false information. For purposes of this section, "fees and expenses" includes reasonable attorneys fees, reasonable expenses of expert witnesses or any other cost which is found by the court to be reasonable for the preparation of the plaintiff's case.".



Representative Monaco raised a point of order that House Amendment No. 10 to Part IV of HS HCS SB 856 goes beyond the scope and is not germane to the bill.



The Chair ruled the point of order not well taken.



On motion of Representative Elliott, House Amendment No. 10 to Part IV of HS HCS SB 856 was adopted by the following vote:



AYES: 075



Akin Alter Auer Ballard Barnett

Bartelsmeyer Bartle Bennett Berkstresser Black

Blunt Boatright Bonner Champion Chrismer

Cierpiot Crawford Dolan Elliott Enz

Evans Foster Froelker Gaskill Gibbons

Graham 106 Griesheimer Gross Gunn Hanaway

Hartzler 123 Hegeman Hendrickson Hohulin Holand

Howerton Kelley 47 Kennedy King Klindt

Legan Levin Lograsso Loudon Luetkemeyer

Luetkenhaus Marble McClelland Merideth Miller

Myers Nordwald Ostmann Phillips Pouche 30

Purgason Reid Reinhart Richardson Ridgeway

Riley Rizzo Robirds Ross Sallee

Schwab Scott Secrest Selby Shields

Summers Tudor Vogel Wagner Wright



NOES: 066



Barry 100 Berkowitz Boucher 48 Boykins Bray 84

Britt Brooks Campbell Clayton Crump

Curls Davis 122 Davis 63 Dougherty Farnen

Fitzwater Foley Franklin Fraser Gambaro

George Graham 24 Gratz Green Hagan-Harrell

Hampton Harlan Hickey Hilgemann Hollingsworth

Hoppe Hosmer Kelly 27 Kissell Koller

Kreider Lakin Leake Liese May 108

Mays 50 McKenna McLuckie Monaco Murphy

Murray O'Toole Overschmidt Ransdall Relford

Reynolds Schilling Seigfreid Shelton Skaggs

Thompson Treadway Troupe Van Zandt Ward

Wiggins Williams 121 Williams 159 Wilson 25 Wilson 42

Mr. Speaker



PRESENT: 002



Naeger Patek



ABSENT WITH LEAVE: 019



Abel Backer Burton Days Ford

Hartzler 124 Kasten Lawson Linton Long

McBride O'Connor Parker Pryor Scheve

Smith Stokan Surface Townley



VACANCIES: 001





Representative Shields offered House Amendment No. 11 to Part IV of HS HCS SB 856.



House Amendment No. 11 to Part IV of HS HCS SB 856 was withdrawn.



Representative Green assumed the Chair.



Representative Chrismer offered House Amendment No. 11 to Part IV of HS HCS SB 856.



Representative Harlan raised a point of order that House Amendment No. 11 to Part IV of HS HCS SB 856 goes beyond the scope of the bill.



The Chair ruled the point of order well taken.



On motion of Representative Harlan, Part IV of HS HCS SB 856, as amended, was adopted by the following vote:



AYES: 134



Abel Akin Alter Ballard Barnett

Barry 100 Bartelsmeyer Bartle Bennett Berkowitz

Berkstresser Black Blunt Boatright Bonner

Boucher 48 Boykins Bray 84 Britt Brooks

Campbell Champion Chrismer Cierpiot Clayton

Crawford Crump Curls Davis 122 Davis 63

Dolan Dougherty Elliott Enz Evans

Farnen Fitzwater Foley Foster Fraser

Froelker Gambaro Gaskill George Gibbons

Graham 106 Graham 24 Gratz Green Griesheimer

Gross Hagan-Harrell Hampton Hanaway Harlan

Hartzler 123 Hegeman Hendrickson Hickey Hilgemann

Holand Hollingsworth Hoppe Hosmer Howerton

Kelley 47 Kelly 27 Kennedy King Kissell

Klindt Koller Kreider Lakin Leake

Legan Levin Loudon Luetkemeyer Luetkenhaus

Marble May 108 Mays 50 McClelland McKenna

McLuckie Merideth Miller Monaco Murray

Myers Naeger Nordwald O'Toole Ostmann

Overschmidt Patek Phillips Pouche 30 Purgason

Ransdall Reinhart Relford Reynolds Richardson

Ridgeway Riley Rizzo Robirds Ross

Sallee Schilling Scott Secrest Seigfreid

Selby Shelton Shields Skaggs Summers

Thompson Treadway Troupe Tudor Vogel

Wagner Ward Wiggins Williams 121 Williams 159

Wilson 25 Wilson 42 Wright Mr. Speaker



NOES: 002



Auer Murphy



PRESENT: 002



Gunn Reid



ABSENT WITH LEAVE: 024



Backer Burton Days Ford Franklin

Hartzler 124 Hohulin Kasten Lawson Liese





Linton Lograsso Long McBride O'Connor

Parker Pryor Scheve Schwab Smith

Stokan Surface Townley Van Zandt



VACANCIES: 001



Representative Hanaway offered House Amendment No. 1 to Part V of HS HCS SB 856.



House Amendment No. 1

to

Part V



AMEND Part V of House Substitute for House Committee Substitute for Senate Bill No. 856, Page 1, In the Title and Section A, Lines 1-17, by amending the title and enacting clause according to the amendments adopted in parts 1-4.



On motion of Representative Hanaway, House Amendment No. 1 to Part V of HS HCS SB 856 was adopted.



On motion of Representative Harlan, Part V of HS HCS SB 856, as amended, was adopted.



HS HCS SB 856, as amended, was placed on the Informal Calendar.



CONFERENCE COMMITTEE REPORT

ON

HOUSE BILL NO. 1111



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. 1111, 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 No. 1111.



2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1111.



3. That the attached Conference Committee Substitute for House Bill No. 1111, be truly agreed to and finally passed.



FOR THE HOUSE: FOR THE SENATE:

/s/ Dick Franklin /s/ Wayne Goode

/s/ Charles "Quincy" Troupe /s/ Harry Wiggins

/s/ Glenda Kelly /s/ Joe Maxwell

/s/ Charlie Shields /s/ John Russell

/s/ Pat Kelley /s/ Morris Westfall





CONFERENCE COMMITTEE REPORT

ON

HOUSE BILL NO. 1112



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. 1112, 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 No. 1112.



2. That the Senate recede from its position on Senate Committee Substitute for House Committee Substitute for House Bill No. 1112.



3. That the attached Conference Committee Substitute for House Bill No. 1112, be truly agreed to and finally passed.



FOR THE HOUSE: FOR THE SENATE:

/s/ Dick Franklin /s/ Wayne Goode

/s/ Timothy P. Green /s/ Harry Wiggins

/s/ Scott Lakin /s/ Joe Maxwell

/s/ Ken Legan /s/ John Russell

/s/ Gary Burton /s/ Morris Westfall



REFERRAL OF SENATE BILL



The following Senate Bill was referred to the Committee indicated:



SB 892 - Fiscal Review (Fiscal Note)



COMMITTEE REPORTS



Committee on Agri-Business, Chairman Williams (159) reporting:



Mr. Speaker: Your Committee on Agri-Business, to which was referred SS SCS SB 925, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Criminal Law, Chairman Hosmer reporting:



Mr. Speaker: Your Committee on Criminal Law, to which was referred SB 996, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.





Committee on Education - Elementary and Secondary, Chairman Fitzwater reporting:



Mr. Speaker: Your Committee on Education - Elementary and Secondary, to which was referred SS SCS SB 926, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



Committee on Judiciary, Chairman May (108) reporting:



Mr. Speaker: Your Committee on Judiciary, to which was referred SB 1001, begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Judiciary, to which was referred SB 1002, begs leave to report it has examined the same and recommends that it 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 SCR 38, begs leave to report it has examined the same and recommends that it 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 SCS SB 954, begs leave to report it has examined the same and recommends that it Do Pass.



Committee on Transportation, Chairman Koller reporting:



Mr. Speaker: Your Committee on Transportation, to which was referred SCR 22, begs leave to report it has examined the same and recommends that it Do Pass.



Mr. Speaker: Your Committee on Transportation, to which was referred SB 610, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.



ADJOURNMENT



On motion of Representative Crump, the House adjourned until 10:00 a.m., Friday, May 5, 2000.



CORRECTIONS TO THE HOUSE JOURNAL



Correct House Journal, Sixty-fourth Day, Wednesday, May 3, 2000, page 1246, by inserting after line 22, the following:





APPOINTMENT OF CONFERENCE COMMITTEE



The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:



HCS SS SB 813: Representatives Kissell, Britt, McLuckie, Dolan and Barnett



Page 1240, roll call, by showing Representative Loudon voting "aye" rather than "absent with leave".



Page 1241, roll call, by showing Representative Levin voting "aye" rather than "absent with leave".



Page 1242, roll call, by showing Representative Levin voting "aye" rather than "absent with leave".



Pages 1242 and 1243, roll call, by showing Representative Levin voting "aye" rather than "absent with leave".



Pages 1243 and 1244, roll call, by showing Representative Levin voting "aye" rather than "absent with leave".



Pages 1244 and 1245, roll call, by showing Representative Kelly (27) voting "aye" rather than "absent with leave".



Pages 1245 and 1246, roll call, by showing Representative Backer voting "aye" rather than "absent with leave".



Pages 1247 and 1248, roll call, by showing Representative Kasten voting "aye" rather than "absent with leave".



Pages 1249 and 1250, roll call, by showing Representative Barry voting "aye" rather than "absent with leave".



Pages 1250 and 1251, roll call, by showing Representatives Hartzler (124) and Long voting "no" rather than "absent with leave".



Page 1251, roll call, by showing Representatives Hartzler (124) and Long voting "no" rather than "absent with leave".



Page 1255, roll call, by showing Representatives Gaskill, Gibbons, Griesheimer and Kelly (27) voting "aye" rather than "absent with leave".



Page 1255, roll call, by showing Representative Patek voting "no" rather than "absent with leave".

Page 1256, roll call, by showing Representatives Champion, Gibbons and Griesheimer voting "aye" rather than "absent with leave".



Page 1256, roll call, by showing Representative Patek voting "no" rather than "absent with leave".



Pages 1258 and 1259, roll call, by showing Representative Ross voting "aye" rather than "absent with leave".



Pages 1258 and 1259, roll call, by showing Representative Purgason voting "no" rather than "absent with leave".



Pages 1259 and 1260, roll call, by showing Representative Kelley (47) voting "aye" rather than "absent with leave".



Page 1260, roll call, by showing Representative Kelley (47) voting "aye" rather than "absent with leave".



Page 1260, roll call, by showing Representatives Marble and Patek voting "no" rather than "absent with leave".



Page 1261, roll call, by showing Representatives Gibbons and Kissell voting "aye" rather than "absent with leave".



Page 1262, roll call, by showing Representative Kelley (47) voting "aye" rather than "absent with leave".



Page 1263, roll call, by showing Representative Koller voting "no" rather than "absent with leave".



Correct House Journal, Sixty-third Day, Tuesday, May 2, 2000, page 1220, line 25, by deleting the number "376.410" and inserting in lieu thereof the number "376.406".



COMMITTEE MEETINGS



JOINT COMMITTEE ON CORRECTIONS

Monday, May 8, 2000, 8:00 am. Hearing Room 5.

RFP's: Proposed Scope of Services (Mental Health and Medical)



SOCIAL SERVICES, MEDICAID AND THE ELDERLY

Friday, May 5, 2000, 9:45 am. Side gallery.

If the House convenes at 9:30 am, hearing will be conducted upon morning adjournment.

To be considered - Executive Session - SCR 36







HOUSE CALENDAR



SIXTY-SIXTH DAY, FRIDAY, MAY 5, 2000



HOUSE JOINT RESOLUTIONS FOR PERFECTION

1 HJR 40, as amended, HA 3, pending - Graham (24)

2 HJR 42 - Williams (121)

3 HJR 45, HCA 1 - Scheve

4 HJR 51 - Clayton



HOUSE BILLS FOR PERFECTION

1 HCS HB 1747 - Barry

2 HB 2102 - Hampton

3 HB 1066, HCA 1 - Riback Wilson (25)

4 HB 1280 - Clayton

5 HB 1502 - Smith

6 HCS HB 1547 - Scheve

7 HCS HB 1962, 1943, 1425 & 1419 - Dougherty

8 HB 1546 - Smith

9 HCS HB 1606 - Bray

10 HCS HB 1225 - Hosmer

11 HCS HB 1540 - Green

12 HCS HB 1942 - Liese

13 HCS HB 1578 - Shelton

14 HB 2056 - Gunn

15 HCS HB 1718 - Smith

16 HCS HB 1966 - Hosmer

17 HCS HB 1997 - Smith

18 HCS HB 1336 - Lakin

19 HCS HB 1780 - Liese

20 HCS HB 1816 - Hosmer

21 HCS HB 1357 - Bonner

22 HB 1872 - Seigfreid

23 HCS HB 1674 - Graham (24)

24 HCS HB 1154 - Boucher

25 HCS HB 2114 - Hoppe

26 HCS HB 1649 - Williams (121)

27 HB 1216 - Kelly (27)

28 HB 1157, HCA 1 - Boucher



HOUSE BILLS FOR PERFECTION - INFORMAL

1 HCS HB 1602, as amended - Leake

2 HCS HB 1932 - Harlan

3 HB 1712 - McKenna

4 HS HB 1394, as amended - Murray



HOUSE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 HCR 23, (3-16-00, pg. 646) - Bray

2 HCR 28, (4-11-00, pg. 916) - Van Zandt

3 HCR 34, (5-1-00, pg. 1159) - Clayton

4 HCR 31, (5-1-00, pg. 1158) - Hollingsworth



HOUSE BILLS FOR THIRD READING - CONSENT

1 HB 1828 - Gross

2 HB 1095 - Richardson

3 HB 1358 - Loudon

4 HB 1275 - Chrismer



SENATE CONCURRENT RESOLUTIONS FOR ADOPTION AND THIRD READING

1 SCR 38, (4-26-00, pg. 1098) - Kreider

2 SCR 29, (4-18-00, pg. 989) - Bray



SENATE BILLS FOR THIRD READING

1 HCS SB 896, E.C. - May (108)

2 HCS SB 724 - Farnen

3 SB 961, E.C. - Ransdall

4 HCS SB 858 - Smith

5 SCS SB 779 - Wiggins

6 SB 1053 - Days

7 HCS SS SCS SB 577 - Ransdall

8 HCS SB 741 - Backer

9 HCS SB 936, E.C. - Bray

10 HCS SS SCS SB 763, (Fiscal Review, 5-3-00) - Kissell

11 HCS SB 922 - Hagan-Harrell

12 HCS SS SCS SB 678 & 742, (Fiscal Review, 5-2-00) - May (108)

13 HCS SS SB 902 - Treadway

14 SCS SB 557 - Smith

15 SS SCS SB 867 & 552, (Fiscal Review, 5-2-00) - Rizzo

16 HCS SS#2 SCS SB 934, 546, 578, 579 & 782 - Hosmer

17 HCS SS#2 SCS SB 757 & 602, (Fiscal Review, 5-4-00) - Scheve

18 SCS SB 540 - Wiggins

19 HCS SS SCS SB 925, E.C. - Williams (159)

20 HCS SB 996 - Hosmer

21 HCS SCS SB 842, E.C., (Fiscal Review, 5-4-00) - Hoppe

22 HCS SB 921 - Treadway

23 SB 892, (Fiscal Review, 5-4-00) - Crump











SENATE BILLS FOR THIRD READING - INFORMAL

1 HS HCS SB 856, a.a. - Harlan

2 HCS SCS SB 894 - Hoppe

3 HCS SB 788 - Barry

4 HCS SCS SB 542 - Hoppe



SENATE BILLS FOR THIRD READING - REVISION

1 SB 1001 - Clayton

2 SB 1002 - Clayton



HOUSE BILLS WITH SENATE AMENDMENTS

1 SCS HB 1659, as amended, E.C. - Summers

2 SS SCS HB 1808, as amended - O'Toole

3 SCS HB 1568 - Riback Wilson (25)

4 SCS HB 1848 - Treadway



BILL CARRYING REQUEST MESSAGES

HS HCS SB 881, as amended (req. House recede/grant conf.) - Hoppe



BILLS IN CONFERENCE

1 CCR SCS HCS HB 1111, as amended - Franklin

2 CCR SCS HCS HB 1112, as amended - Franklin

3 CCR SCS HS HCS HB 1742, as amended - Koller

4 SCS HB 1591 - Backer

5 HS HCS SS SB 549, as amended - Van Zandt

6 HCS SS SB 813, as amended - Kissell

7 SCS HCS HB 1142, as amended - Ransdall

8 SCS HCS HB 1110, as amended - Riback Wilson (25)



BILL IN CONFERENCE - INFORMAL

CCR SCS HCS HB 1120, as amended - Franklin



HOUSE RESOLUTIONS

1 HR 557, (5-1-00, pg. 1160) - Gratz

2 HR 504, (5-1-00, pg. 1159) - Gratz


Missouri House of Representatives