Second Regular Session, 90th General Assembly
SIXTY-SEVENTH DAY, Sunday, May 7, 2000
Representative Parker in the Chair.
Prayer by Representative Kelly Parker.
Dear Heavenly Father, please help us to do work that will, in years to come, make our children proud. 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: Braxton Parker and Callie Jean Legan.
The Journal of the sixty-sixth day was approved as corrected.
HOUSE RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 1517
through
House Resolution No. 1521 - Representative Britt
BILL IN CONFERENCE
CCR SCS HCS HB 1142, as amended, relating to traffic regulations, was taken up by Representative Ransdall.
On motion of Representative Ransdall, CCR SCS HCS HB 1142, as amended, was adopted by the following vote:
AYES: 149
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz 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 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 Hegeman
Hendrickson Hickey Hilgemann Hohulin Hollingsworth
Hoppe Hosmer Howerton Kasten Kelley 47
Kelly 27 Kennedy King Kissell Klindt
Koller Kreider Lakin Lawson Leake
Legan Levin Liese Lograsso Long
Loudon Luetkemeyer Luetkenhaus Marble May 108
Mays 50 McClelland McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Nordwald O'Connor O'Toole Overschmidt Parker
Patek Phillips Pouche 30 Pryor 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: 000
PRESENT: 002
Linton Purgason
ABSENT WITH LEAVE: 011
Berkstresser Bonner Elliott Evans Hartzler 124
Holand McBride Naeger Ostmann Sallee
Stokan
VACANCIES: 001
On motion of Representative Ransdall, CCS SCS HCS HB 1142 was read the third time and passed by the following vote:
AYES: 152
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 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 Hegeman Hendrickson Hickey Hilgemann
Hohulin Hollingsworth Hoppe Hosmer Howerton
Kasten Kelley 47 Kelly 27 Kennedy King
Kissell Koller Kreider Lakin Lawson
Leake Legan Levin Liese Linton
Lograsso Long Loudon Luetkemeyer Luetkenhaus
Marble May 108 Mays 50 McClelland McKenna
McLuckie Merideth Miller Monaco Murphy
Murray Myers Nordwald O'Connor O'Toole
Overschmidt Parker Patek Phillips Pouche 30
Pryor Purgason Ransdall Reid Reinhart
Relford Reynolds 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: 010
Elliott Evans Hartzler 124 Holand Klindt
McBride Naeger Ostmann Richardson Stokan
VACANCIES: 001
Representative Parker declared the bill passed.
On motion of Representative Boucher, title to the bill was agreed to.
Representative Hampton moved that the vote by which the bill passed be reconsidered.
Representative May (108) moved that motion lay on the table.
The latter motion prevailed.
HOUSE BILL WITH SENATE AMENDMENT
HCS HB 1434, with Senate Committee Amendment No. 1, relating to regulation of amusement rides, was taken up by Representative Skaggs.
On motion of Representative Skaggs, the House concurred in Senate Committee Amendment No. 1 by the following vote:
AYES: 148
Abel Akin Alter Auer Backer
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt 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 Foster
Franklin Fraser Froelker Gambaro George
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hampton
Hanaway Harlan Hartzler 123 Hegeman Hendrickson
Hickey Hilgemann 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
McClelland McKenna McLuckie Merideth Miller
Monaco Murray Myers Nordwald O'Connor
O'Toole Overschmidt Parker Patek Phillips
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: 006
Ballard Boatright Gaskill Hohulin Murphy
Pouche 30
PRESENT: 000
ABSENT WITH LEAVE: 008
Elliott Evans Hartzler 124 Holand McBride
Naeger Ostmann Stokan
VACANCIES: 001
Speaker Gaw assumed the Chair.
On motion of Representative Skaggs, HCS HB 1434, as amended, was truly agreed to and finally passed by the following vote:
AYES: 144
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkowitz Berkstresser Black Blunt
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 George
Gibbons Graham 106 Graham 24 Gratz Green
Griesheimer Gross Gunn Hagan-Harrell Hampton
Hanaway Harlan Hartzler 123 Hegeman Hendrickson
Hickey Hilgemann Hollingsworth Hoppe Hosmer
Howerton Kasten Kelley 47 Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Long Loudon Luetkemeyer Luetkenhaus
Marble May 108 Mays 50 McClelland McKenna
McLuckie Merideth Miller Monaco Murray
Myers Nordwald O'Connor O'Toole Overschmidt
Parker Patek Phillips Pryor Purgason
Ransdall Reid Reinhart Relford Reynolds
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: 010
Boatright Foster Gaskill Hohulin Linton
Lograsso Murphy Pouche 30 Richardson Robirds
PRESENT: 000
ABSENT WITH LEAVE: 008
Elliott Evans Hartzler 124 Holand McBride
Naeger Ostmann Stokan
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Relford, title to the bill was agreed to.
Representative Lakin moved that the vote by which the bill passed be reconsidered.
Representative Auer moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF SENATE BILLS - REVISION
SB 1001, relating to expired provisions, was taken up by Representative Clayton.
On motion of Representative Clayton, SB 1001 was truly agreed to and finally passed by the following vote:
AYES: 150
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 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 Hegeman
Hendrickson Hickey Hilgemann Hohulin Hollingsworth
Hoppe Hosmer Howerton Kasten Kelley 47
Kelly 27 King Kissell Klindt Koller
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Lograsso Long
Loudon Luetkemeyer Luetkenhaus Marble May 108
Mays 50 McClelland McKenna McLuckie Merideth
Miller Monaco Murphy Murray Myers
Nordwald O'Connor O'Toole Overschmidt Parker
Patek Phillips Pouche 30 Pryor Purgason
Ransdall Reid Reinhart Relford Reynolds
Richardson Ridgeway Riley Rizzo Robirds
Ross Sallee Scheve Schilling Schwab
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: 012
Barnett Dolan Elliott Evans Hartzler 124
Holand Kennedy McBride Naeger Ostmann
Scott Stokan
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Lawson, title to the bill was agreed to.
Representative Leake moved that the vote by which the bill passed be reconsidered.
Representative Liese moved that motion lay on the table.
The latter motion prevailed.
SB 1002, relating to court cost, was taken up by Representative Clayton.
On motion of Representative Clayton, SB 1002 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 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 Foster Franklin Fraser Froelker
Gambaro Gaskill George Gibbons Graham 106
Graham 24 Gratz Green Griesheimer Gunn
Hagan-Harrell Hampton Hanaway Harlan Hartzler 123
Hendrickson Hickey Hilgemann Hohulin 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 McClelland McKenna McLuckie
Merideth Miller Monaco Murphy Murray
Myers Nordwald O'Connor O'Toole 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: 001
Hegeman
ABSENT WITH LEAVE: 009
Elliott Evans Gross Hartzler 124 Holand
McBride Naeger Ostmann Stokan
VACANCIES: 001
Speaker Gaw declared the bill passed.
On motion of Representative Fraser, title to the bill was agreed to.
Representative Rizzo moved that the vote by which the bill passed be reconsidered.
Representative Graham (24) moved that motion lay on the table.
The latter motion prevailed.
THIRD READING OF SENATE BILL
HCS SB 896, relating to business organizations, was taken up by Representative May (108).
Representative May (108) offered HS HCS SB 896.
Speaker Pro Tem Kreider assumed the Chair.
Representative Hanaway raised a point of order that HS HCS SB 896 is not germane to the original bill.
The Chair ruled the point of order not well taken.
Representative May (108) offered House Amendment No. 1.
House Amendment No. 1
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Pages 60-63, Section 362.044, by deleting all of said section from the bill; and
Further amend said bill, Page 102, Section 362.600, Line 8, by adding after the word "not" on said line the word "otherwise"; and
Further amend the title, enacting clause and intersectional references accordingly.
On motion of Representative May (108), House Amendment No. 1 was adopted.
Representative Liese offered House Amendment No. 2.
House Amendment No. 2
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 142, Section 427.220, Line 15 of said page, by deleting the number "427.220" and inserting in lieu thereof the number "369.371"; and
Further amend said bill, Page 158, Section 362.170, Line 17 of said page, by deleting the words "subsection 1" and inserting in lieu thereof the words "subsection 2"; and
Further amend said bill, Page 158, Section 362.170, Line 18 of said page, by deleting the words "subsection 1" and inserting in lieu thereof the words "subsection 2"; and
Further amend said bill, Page 158, Section 362.170, Lines 21 to 22 of said page, by deleting the words "subsection 1" and inserting in lieu thereof the words "subsection 2"; and
Further amend the title, enacting clause and intersectional references accordingly.
On motion of Representative Liese, House Amendment No. 2 was adopted.
Representative Liese offered House Amendment No. 3.
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 85, Section 362.245, Line 4 of said page, by deleting the words "[five] three" and inserting in lieu thereof the word "five".
On motion of Representative Liese, House Amendment No. 3 was adopted by the following vote:
AYES: 127
Abel Akin Alter Auer Backer
Ballard Barnett Barry 100 Bartelsmeyer Bartle
Bennett Berkstresser Black Blunt Boatright
Bonner Boucher 48 Bray 84 Brooks Burton
Campbell Champion Chrismer Cierpiot Crawford
Crump Curls Davis 63 Dolan Dougherty
Enz Farnen Foley Ford Foster
Franklin Fraser Froelker Gambaro Gaskill
George Gibbons Graham 106 Graham 24 Gratz
Green Griesheimer Gross Gunn Hanaway
Harlan Hartzler 123 Hendrickson Hickey Hollingsworth
Hoppe Hosmer Howerton Kasten Kelley 47
Kelly 27 Kennedy King Kissell Klindt
Kreider Lakin Lawson Leake Legan
Levin Liese Linton Lograsso Loudon
Luetkemeyer Luetkenhaus Marble Mays 50 McClelland
McKenna McLuckie Merideth Miller Murray
Myers Nordwald O'Connor O'Toole Overschmidt
Parker Patek Phillips Pouche 30 Pryor
Reid Reinhart Reynolds Richardson Ridgeway
Riley Ross Sallee Scheve Schilling
Schwab Scott Secrest Selby Shelton
Shields Summers Surface Townley Treadway
Troupe Tudor Van Zandt Vogel Wagner
Ward Wiggins Williams 159 Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 024
Berkowitz Britt Clayton Davis 122 Days
Fitzwater Hagan-Harrell Hampton Hilgemann Hohulin
Koller May 108 Monaco Murphy Purgason
Ransdall Relford Rizzo Robirds Seigfreid
Skaggs Smith Thompson Williams 121
PRESENT: 002
Boykins Hegeman
ABSENT WITH LEAVE: 009
Elliott Evans Hartzler 124 Holand Long
McBride Naeger Ostmann Stokan
VACANCIES: 001
Representative Lograsso offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 134, Section 400.3-312, Line 17 of said page, by inserting after all of said line the following:
"407.125. The provisions of this chapter shall not bar the commissioner of securities from administering the provisions of chapter 409, RSMo.
407.2000. 1. For the purposes of sections 407.2000 to 407.2021, "business opportunity" means the sale or lease of any product, equipment, supplies or services which are sold or leased to a purchaser to enable the purchaser to start a business for which the purchaser is required to pay an initial fee or sum of money in excess of five hundred dollars to the seller, and in which the seller represents:
(1) That the seller or a person or entity affiliated with, or referred by, the seller will provide locations, or assist the purchaser in finding locations, for the use or operation of vending machines, racks, display cases or other similar devices or currency-operated amusement machines or devices on premises neither owned nor leased by the purchaser or the sellers;
(2) That the promoter or its affiliate or designee will refund all or a substantial part of the purchaser's initial payment if the purchaser is unsuccessful or dissatisfied with the business opportunity;
(3) That the seller guarantees in writing that the purchaser will derive income from the business opportunity which exceeds the price paid or rent charged for the business opportunity or that the seller will refund all or part of the price paid or rent charged for the business opportunity or will repurchase any of the products, equipment, supplies or chattels supplied by the seller, if the purchaser is not satisfied with the business opportunity; or
(4) That the business opportunity is free from risk or certain to produce profits, which representation may arise from all of the assurances taken as a whole.
2. For purposes of subsection 1 of this section the term "assist the purchaser in finding locations", includes, but is not limited to, supplying the purchaser with names of locator companies, contracting with the purchaser to provide assistance or supply names or collecting a fee on behalf of or for a locator company.
3. For purposes of sections 407.2000 to 407.2021, "business opportunity" does not include:
(1) The sale of ongoing businesses when the owner of those businesses sells and intends to sell only those business opportunities so long as those business opportunities to be sold are no more than five in number; or
(2) The not-for-profit sale of sales demonstration equipment, materials or samples for a price that does not exceed five hundred dollars or any sales training course offered by the seller, the cost of which does not exceed five hundred dollars.
4. For purposes of sections 407.2000 to 407.2021, "purchaser" shall include a lessee and "seller" shall include a lessor.
407.2015. 1. A business opportunity seller shall not:
(1) Misrepresent, by failure to disclose or otherwise, the known required total investment for such business opportunity;
(2) Misrepresent or fail to disclose efforts to sell or establish more franchises or distributorships than it is reasonable to expect the market or market area for the particular business opportunity to sustain;
(3) Misrepresent the quantity or the quality of the products to be sold or distributed through the business opportunity;
(4) Misrepresent the training and management assistance available to the business opportunity purchaser;
(5) Misrepresent the amount of profits, net or gross, which the franchisee can expect from the operation of the business opportunity;
(6) Misrepresent, by failure to disclose or otherwise, the termination, transfer or renewal provision of a business opportunity agreement;
(7) Falsely claim or imply that a primary marketer or trademark of products or services sponsors or participates directly or indirectly in the business opportunity;
(8) Assign a so-called exclusive territory encompassing the same area to more than one business opportunity purchaser;
(9) Provide machines or display of a brand or kind substantially different from and inferior to those promised by the business opportunity seller;
(10) Fail to provide the purchaser a written contract;
(11) Misrepresent the seller's ability or the ability of a person or entity providing services as defined in subdivision (1) of subsection 1 of section 407.2000 to provide locations or assist the purchaser in finding locations expected to have a positive impact on the success of the business opportunity;
(12) Misrepresent a material fact or create a false or misleading impression in the sale of a business opportunity.
2. Any person who violates the provisions of this section is guilty of a class A misdemeanor.
407.2021. 1. If a business opportunity seller uses untrue or misleading statements in the sale of a business opportunity, fails to give the proper disclosures, or fails to deliver the equipment, supplies or products necessary to begin substantial operation of the business within forty-five days of the delivery date stated in the business opportunity contract, the purchaser may, within one year of the date of the execution of the contract and upon written notice to the seller, rescind the contract and the purchaser shall be entitled to receive from the business opportunity seller all sums paid to the business seller. Upon receipt of such sums, the purchaser shall make available to the seller at the purchaser's address, or at the places at which the purchaser is located at the time notice is given, all products, equipment or supplies received by the purchaser. The purchaser shall not be entitled to unjust enrichment by exercising the remedies provided in this subsection.
2. Any purchaser injured by a violation of sections 407.2000 to 407.2021 or by the business opportunity seller's breach of a contract subject to sections 407.2000 to 407.2021 or any obligation arising therefrom, may bring an action for recovery of damages, including reasonable attorney's fees.
3. Upon complaint of any person that a business opportunity seller has violated the provisions of sections 407.2000 to 407.2021, the circuit court shall have jurisdiction to enjoin the defendant from any further violations.
4. The remedies provided in this section shall be in addition to any other remedies provided by law or in equity."; and
Further amend said bill, Pages 138 to 139, Section 409.1000, by deleting all of said section; and
Further amend said bill, Pages 139 to 141, Section 409.1015, by deleting all of said section; and
Further amend said bill, Pages 141 to 142, Section 409.1018, by deleting all of said section; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Lograsso, House Amendment No. 4 was adopted.
Representative Lakin offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 7, Section 140.110, Line 6, by inserting the following at the end of said line:
"140.160. 1. No proceedings for the sale of land and lots for delinquent taxes [under the provisions of] pursuant to this chapter, relating to the collection of delinquent and back taxes and providing for foreclosure sale and redemption of land and lots therefore, shall be valid unless initial proceedings therefore shall be commenced within three years after delinquency of such taxes, and any sale held pursuant to initial proceedings commenced within such period of three years shall be deemed to have been in compliance with the provisions of said law insofar as the time at which such sales are to be had is specified therein; provided further, that in suits or actions to collect delinquent drainage and/or levee assessments on real estate such suits or actions shall be commenced within three years after delinquency, otherwise no suit or action therefore shall be commenced, had or maintained, except that the three-year limitation described in this subsection shall not be applicable if any written instrument conveys any real estate having a tax exempt status, if such instrument causes such real estate to again become taxable real property and if such instrument has not been recorded in the office of the recorder in the county in which the real estate has been situated. Such three-year limitation shall only be applicable once the recording of the title has occurred.
2. In order to enable county and city collectors to be able to collect delinquent and back taxes, the county auditor in all counties having a county auditor shall annually audit and list all delinquent and back taxes and provide a copy of such audit and list to the county collector and to the governing body of the county. A copy of the audit and list may be provided to city collectors within the county at the discretion of the county collector.".
On motion of Representative Lakin, House Amendment No. 5 was adopted.
Representative Auer offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 120, Section 375.017, Line 21 of said page, by inserting after all of said line the following:
"5. Any bank or trust company in their sale or issuance of insurance products or services, as authorized pursuant to section 362.105, RSMo, shall be subject to the insurance laws of this state and rules adopted by the department of insurance."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Auer, House Amendment No. 6 was adopted.
Representative Schilling offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 74, Section 362.105, Line 4 of said page, by inserting after all of said line the following:
"6. A bank or trust company shall offer to its customers the opportunity to prohibit the transfer of the customer's personal information to any other business entity or to other nonbanking divisions of the bank or trust company, including securities or insurance. Any bank or trust company which transfers information in violation of a customer's prohibition shall be fined at least ten thousand dollars and not more than fifty thousand dollars per occurrence."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative McLuckie offered House Substitute Amendment No. 1 for House Amendment No. 7.
House Substitute Amendment No. 1
for
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for Senate Bill No. 896, Page 74, Section 362.105, Line 4 of said page, by inserting after all of said line the following:
"6. A bank or trust company shall offer to its customers the opportunity to prohibit the transfer of the customer's personal information to any other business entity or to other nonbanking divisions of the bank or trust company, including securities or insurance. The bank's or trust company's nonbanking divisions shall offer to its customers the opportunity to prohibit the transfer of the customer's personal information to any other business entity or to other nonbanking divisions of the bank or trust company, including securities or insurance. Any bank or trust company or nonbanking division thereof which transfers information in violation of a customer's prohibition shall be fined at least ten thousand dollars and not more than fifty thousand dollars per occurrence. The Division of Finance shall adopt rules necessary to implement the provisions of this section. No rule or portion of a rule promulgated pursuant to the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of Chapter 536, RSMo,"; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative McLuckie moved that House Substitute Amendment No. 1 for House Amendment No. 7 be adopted.
Which motion was defeated by the following vote:
AYES: 044
Backer Berkowitz Boykins Bray 84 Brooks
Campbell Curls Davis 63 Days Dougherty
Farnen Ford Franklin Fraser Froelker
George Graham 24 Gratz Green Gunn
Hagan-Harrell Harlan Hickey Hilgemann Hollingsworth
Hosmer Kelly 27 Levin McLuckie Murphy
Murray Reynolds Riley Schilling Selby
Skaggs Smith Thompson Troupe Van Zandt
Wiggins Williams 121 Wilson 25 Wilson 42
NOES: 103
Abel Akin Alter Auer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkstresser Black Blunt Boatright Bonner
Boucher 48 Britt Burton Champion Chrismer
Cierpiot Crawford Crump Davis 122 Dolan
Enz Fitzwater Foley Foster Gambaro
Gibbons Graham 106 Griesheimer Gross Hampton
Hanaway Hartzler 123 Hegeman Hendrickson Hohulin
Hoppe Howerton Kasten Kelley 47 Kennedy
King Kissell Klindt Koller Kreider
Lakin Leake Legan Liese Lograsso
Loudon Luetkemeyer Marble May 108 Mays 50
McClelland McKenna Merideth Miller Monaco
Myers Nordwald O'Connor O'Toole Overschmidt
Parker Patek Phillips Pouche 30 Pryor
Purgason Ransdall Reinhart Relford Richardson
Ridgeway Rizzo Robirds Ross Sallee
Scheve Schwab Scott Secrest Seigfreid
Shelton Shields Summers Surface Townley
Treadway Tudor Vogel Wagner Ward
Williams 159 Wright Mr. Speaker
PRESENT: 001
Reid
ABSENT WITH LEAVE: 014
Clayton Elliott Evans Gaskill Hartzler 124
Holand Lawson Linton Long Luetkenhaus
McBride Naeger Ostmann Stokan
VACANCIES: 001
HCS SB 896, with House Amendment No. 7 and HS, as amended, pending, was laid over.
HOUSE BILLS WITH SENATE AMENDMENTS
SS SCS HB 1452, relating to taxation, was taken up by Representative Foley.
On motion of Representative Foley, SS SCS HB 1452 was adopted by the following vote:
AYES: 146
Abel Akin Alter 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
Days Dolan Dougherty Enz Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro George Gibbons
Graham 106 Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hegeman Hendrickson Hickey
Hilgemann Hohulin Hollingsworth Hoppe Hosmer
Howerton Kasten Kelley 47 Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Lograsso Loudon Luetkemeyer Marble
May 108 Mays 50 McClelland McKenna McLuckie
Merideth Miller Monaco Murray Myers
Nordwald O'Connor O'Toole 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: 001
Brooks
ABSENT WITH LEAVE: 015
Auer Davis 63 Elliott Evans Gaskill
Hartzler 124 Holand Linton Long Luetkenhaus
McBride Murphy Naeger Ostmann Stokan
VACANCIES: 001
On motion of Representative Foley, SS SCS HB 1452 was truly agreed to and finally passed by the following vote:
AYES: 144
Abel Akin Alter 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
Days Dolan Dougherty Enz Farnen
Fitzwater Foley Ford Foster Franklin
Fraser Froelker Gambaro George Gibbons
Graham 106 Graham 24 Gratz Green Griesheimer
Gross Gunn Hagan-Harrell Hampton Hanaway
Harlan Hartzler 123 Hegeman Hendrickson Hickey
Hilgemann Hohulin Hollingsworth Hoppe Hosmer
Howerton Kasten Kelley 47 Kelly 27 Kennedy
King Kissell Klindt Koller Kreider
Lakin Lawson Leake Legan Levin
Liese Lograsso Loudon Luetkemeyer Marble
May 108 Mays 50 McClelland McKenna McLuckie
Merideth Miller Monaco Murray Myers
Nordwald O'Connor O'Toole 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 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: 001
Brooks
ABSENT WITH LEAVE: 017
Auer Davis 63 Elliott Evans Gaskill
Hartzler 124 Holand Linton Long Luetkenhaus
McBride Murphy Naeger Ostmann Schilling
Shields Stokan
VACANCIES: 001
Speaker Pro Tem Kreider declared the bill passed.
On motion of Representative Hollingsworth, title to the bill was agreed to.
Representative Van Zandt moved that the vote by which the bill passed be reconsidered.
Representative Smith moved that motion lay on the table.
The latter motion prevailed.
SCS HB 1948, relating to special mobile equipment, was taken up by Representative Gratz.
Representative Gratz moved that the House refuse to adopt SCS HB 1948 and request the Senate to recede from its position or, failing to do so, grant the House a conference.
Which motion was adopted.
Speaker Gaw resumed the Chair.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SB 788, as amended, and requests that the House recede from its position or, failing to do so, grant the Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SB 856, as amended, and requests that the House recede from its position or, failing to do so, grant the Senate a conference thereon.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Conference Committee Report on SCS HS HCS HB 1742, as amended, is being returned for the purpose of adopting the emergency clause on the Conference Committee Substitute.
MOTION
CCS SCS HS HCS HB 1742, relating to transportation bonds, was taken up by Representative Koller.
On motion of Representative Koller, the emergency clause on CCS SCS HS HCS HB 1742 was adopted by the following vote:
AYES: 132
Abel Akin Alter Backer Ballard
Barnett Barry 100 Bartelsmeyer Bartle Bennett
Berkowitz Berkstresser Black Blunt Boatright
Bonner Boucher 48 Britt Burton Champion
Chrismer Cierpiot Clayton Crawford Crump
Curls Davis 122 Dolan Dougherty Enz
Farnen Fitzwater Foley Ford Foster
Franklin Froelker George Gibbons Graham 106
Graham 24 Gratz Green Griesheimer Gross
Gunn Hagan-Harrell Hampton Hanaway Harlan
Hartzler 123 Hegeman Hendrickson Hickey Hollingsworth
Hoppe Hosmer Howerton Kasten Kelley 47
Kelly 27 King Kissell Klindt Koller
Kreider Lakin Leake Legan Levin
Liese Lograsso Loudon Luetkemeyer Marble
May 108 Mays 50 McClelland McKenna McLuckie
Merideth Miller Monaco Murray Myers
Nordwald O'Connor Overschmidt 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 Vogel Wagner
Ward Williams 121 Williams 159 Wilson 25 Wilson 42
Wright Mr. Speaker
NOES: 010
Boykins Bray 84 Days Fraser Gambaro
Gaskill Hohulin Kennedy Murphy O'Toole
PRESENT: 001
Brooks
ABSENT WITH LEAVE: 019
Auer Campbell Davis 63 Elliott Evans
Hartzler 124 Hilgemann Holand Lawson Linton
Long Luetkenhaus McBride Naeger Ostmann
Parker Stokan Van Zandt Wiggins
VACANCIES: 001
APPOINTMENT OF CONFERENCE COMMITTEE
The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:
HCS SB 944: Representatives Smith, Davis (122), Hollingsworth, McClelland and Patek
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 9:30 a.m., Monday, May 8, 2000.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Sixty-sixth Day, Friday, May 5, 2000, pages 1355 and 1356, roll call, by showing Representative Crump voting "aye" rather than "absent with leave".
Pages 1356 and 1357, roll call, by showing Representative McKenna voting "aye" rather than "absent with leave".
Pages 1357 and 1358, roll call, by showing Representatives Crawford, Crump, Klindt and Summers voting "aye" rather than "absent with leave".
Pages 1358 and 1359, roll call, by showing Representatives Boatright and Klindt voting "aye" rather than "absent with leave".
Pages 1359 and 1360, roll call, by showing Representatives Burton and Reinhart voting "aye" rather than "absent with leave".
Pages 1361 and 1362, roll call, by showing Representatives Levin and Phillips voting "aye" rather than "absent with leave".
Page 1363, roll call, by showing Representative Robirds voting "aye" rather than "absent with leave".
Pages 1363 and 1364, roll call, by showing Representative Klindt voting "aye" rather than "absent with leave".
Page 1365, roll call, by showing Representative Klindt voting "aye" rather than "absent with leave".
Pages 1366 and 1367, roll call, by showing Representative Klindt voting "aye" rather than "absent with leave".
Page 1367, roll call, by showing Representatives George and Klindt voting "aye" rather than "absent with leave".
Pages 1367 and 1368, roll call, by showing Representatives Davis (63) and Klindt voting "aye" rather than "absent with leave".
Page 1369, roll call, by showing Representatives Klindt and Smith voting "aye" rather than "absent with leave".
Pages 1369 and 1370, roll call, by showing Representatives Fitzwater and Klindt voting "aye" rather than "absent with leave".
Pages 1371 and 1372, roll call, by showing Representative Crawford voting "aye" rather than "absent with leave".
Pages 1374 and 1375, roll call, by showing Representative Klindt voting "aye" rather than "absent with leave".
Pages 1375 and 1376, roll call, by showing Representative Klindt voting "aye" rather than "absent with leave".
Page 1376, roll call, by showing Representative Klindt voting "aye" rather than "absent with leave".
Pages 1377 and 1378, roll call, by showing Representative Surface voting "aye" rather than "absent with leave".
Page 1379, roll call, by showing Representatives Burton and Pouche voting "aye" rather than "absent with leave".
Page 1379, roll call, by showing Representatives Davis (63), Surface and Wright voting "no" rather than "absent with leave".
Page 1380, roll call, by showing Representatives Abel, Burton, Crawford, Long, Pouche and Surface voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
ETHICS
Monday, May 8, 2000. Side gallery upon noon adjournment.
Additions to Caucuses: TRUTH, House Democrats, Women Legislators, Moderate Agenda
FISCAL REVIEW
Monday, May 8, 2000, 8:30 am. Hearing Room 1.
Executive Session. (Fiscal Note).
To be considered - SB 757, SB 763, SB 842, SB 892
JOINT COMMITTEE ON CORRECTIONS
Monday, May 8, 2000, 8:00 am. Hearing Room 5.
RFP's: Proposed Scope of Services (Mental Health and Medical)
HOUSE CALENDAR
SIXTY-EIGHTH DAY, MONDAY, MAY 8, 2000
HOUSE JOINT RESOLUTIONS FOR PERFECTION
1 HJR 40, as amended, HA 3, pending - Graham (24)
2 HJR 45, HCA 1 - Scheve
3 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 HB 1712 - McKenna
3 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., HA 7, HS, as amended, pending - 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) - Scheve
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
24 HCS SCS SB 683, (Fiscal Review, 5-5-00) - Koller
25 HCS SS SCS SB 885, (Fiscal Review, 5-5-00) - Smith
26 HCS SB 573, E.C., (Fiscal Review, 5-5-00) - Kissell
27 HCS SB 974, (Fiscal Review, 5-5-00) - Lakin
28 HCS SCS SB 806 & SB 537, E.C., (Fiscal Review, 5-5-00) - Britt
29 HCS SB 851 - Kreider
30 HCS SCS SB 597, (Fiscal Review, 5-5-00) - Dougherty
31 HCS SB 722 - Smith
32 SB 910 - Abel
SENATE BILLS FOR THIRD READING - INFORMAL
1 HCS SCS SB 894 - Hoppe
2 HCS SCS SB 542 - Hoppe
HOUSE BILL WITH SENATE AMENDMENTS
HCS HB 1967, SA 1 to SCA 1, SCA 1, as amended, & SA 1, E.C. - Hoppe
BILLS CARRYING REQUEST MESSAGES
1 HS HCS SB 856, as amended, (req. House recede/grant conf.) - Harlan
2 HS HCS SB 788, as amended, (req. House recede/grant conf.) - Barry
3 SCS HB 1948, (req. Senate recede/grant conf.) - Gratz
BILLS IN CONFERENCE
1 SCS HB 1591 - Backer
2 HS HCS SS SB 549, as amended - Van Zandt
3 HCS SS SB 813, as amended - Kissell
4 HS HCS SB 881, as amended - Hoppe
5 SCS HB 1848 - Treadway
6 SS SCS HB 1808, as amended, E.C. - O'Toole
7 HCS SB 944, as amended - Smith
HOUSE RESOLUTIONS
1 HR 557, (5-1-00, pg. 1160) - Gratz
2 HR 504, (5-1-00, pg. 1159) - Gratz
Missouri House of
Representatives