Second Regular Session, 91st General Assembly
THIRTY-SECOND DAY, Tuesday, March 5, 2002
Speaker Kreider in the Chair.
Prayer by Reverend Walter Simpson, Retired from First Christian Church, Eldon, Missouri.
"Jehovah," "Adonai", "Allah", it makes no difference what we name You. You are still the God of the universe and indeed the God of all people. It is not You, but us, who have put our own opinions and judgments of who You are that has divided us from one another. Forgive us of the audacity and the presumptuousness on our part. Bring our world back together in peace and harmonious relationships.
For those who have given a measure of their days to provide us with the freedom and liberty we enjoy, we give You our constant gratitude. Upon the men and women who are willing today to stand in our stead on the fields of battle, we ask Your divine protection.
In this extremely painful and excessively possessive world in which we live, help us to discard our own agendas and factional designs, that we might work collectively for a more tranquil and untroubled existence. Replace self-centeredness with compassion, narcissism with charity and vanity with wisdom. Teach us to negotiate in good faith for the common good.
Upon this auspicious body let Your encouraging and energizing Spirit stimulate a desire to seek the Good according to Your design for all Your children. Call them to task when they blunder. Smile on them when they succeed. Love when they are unlovable and embrace them when they are willing to venture into areas unpopular, yet essential for the pursuit of happiness of all the residents of our state.
"Jehovah" "Adonai," "Allah," One God, let Your favor be upon us, now and forever. 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: Lauren Henson, James Kelley, Erin Pierce, Wes Mott, Alora Marble, Blake Henry, Rebecca Hopkins, Michael Hopkins, Victoria Grace Kelley, Kristen Kelley, David Housewright, Alica Tape, Brett Johnson, Katie Krick, Cara Stuckel, Alex Stuckel, Jamie Kuhn, Claire Stuckel, Adrienne Tucker, Kim Martin, Drew Jones, Joey Ridenhour, Jacob Randolph, Carol Schaffer, Sarah Heithaus, Tony Mocciola, Alexandra Carter and Rena Cook.
The Journal of the thirty-first day was approved as corrected.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 548 - Representative Enz
House Resolution No. 549 - Representative Troupe
House Resolution No. 550 - Representative Walton
House Resolution No. 551 - Representative Koller
House Resolution No. 552 - Representative Overschmidt
House Resolution No. 553 - Representative Froelker
House Resolution No. 554 - Representative Townley
House Resolution No. 555
and
House Resolution No. 556 - Representative Relford
SECOND READING OF HOUSE BILLS
HB 2089 through HB 2094 were read the second time.
SECOND READING OF SENATE BILLS
SB 961, SB 1017 and SB 1041 were read the second time.
THIRD READING OF HOUSE BILLS - CONSENT
HB 1468, relating to commercial insurance, was taken up by Representative Ward.
On motion of Representative Ward, HB 1468 was read the third time and passed by the following vote:
AYES: 150 | ||||
Abel | Baker | Ballard | Barnett | Barnitz |
Barry 100 | Bartelsmeyer | Bartle | Bearden | Behnen |
Berkowitz | Berkstresser | Black | Bland | Boatright |
Bonner | Boucher | Bowman | Boykins | Bray 84 |
Britt | Brooks | Burcham | Burton | Campbell |
Carnahan | Champion | Cierpiot | Clayton | Cooper |
Copenhaver | Crawford | Crowell | Crump | Curls |
Daus | Davis | Dempsey | Dolan | Enz |
Fares | Farnen | Foley | Franklin | Fraser |
Froelker | Gambaro | Gaskill | George | Graham |
Green 15 | Green 73 | Griesheimer | Hagan-Harrell | Hampton |
Hanaway | Harding | Harlan | Hartzler | Haywood |
Hegeman | Henderson | Hendrickson | Hickey | Hilgemann |
Holand | Hollingsworth | Holt | Hoppe | Hosmer |
Hunter | Jetton | Johnson 61 | Johnson 90 | Jolly |
Kelley 47 | Kelly 144 | King | Koller | Lawson |
Legan | Liese | Linton | Lograsso | Long |
Lowe | Luetkemeyer | Luetkenhaus | Marble | Marsh |
May 149 | Mayer | Mays 50 | McKenna | Merideth |
Miller | Monaco | Moore | Murphy | Myers |
Naeger | Nordwald | O'Connor | O'Toole | Ostmann |
Overschmidt | Phillips | Portwood | Purgason | Quinn |
Ransdall | Rector | Relford | Reynolds | Richardson |
Ridgeway | Rizzo | Roark | Robirds | Ross |
Scheve | Schwab | Scott | Seigfreid | Selby |
Shelton | Shields | Shoemaker | Shoemyer | Skaggs |
Smith | St. Onge | Surface | Thompson | Townley |
Treadway | Troupe | Van Zandt | Villa | Vogel |
Wagner | Walton | Ward | Whorton | Williams |
Willoughby | Wilson 25 | Wilson 42 | Wright | Mr. Speaker |
NOES: 005 | ||||
Byrd | Cunningham | Hohulin | Kelly 27 | Reid |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 004 | ||||
Gratz | Kelly 36 | Reinhart | Secrest | |
VACANCIES: 004 |
Speaker Kreider declared the bill passed.
HB 1086, relating to higher education savings program, was taken up by Representative Harlan.
On motion of Representative Harlan, HB 1086 was read the third time and passed by the following vote:
AYES: 155 | ||||
Abel | Baker | Ballard | Barnett | Barnitz |
Barry 100 | Bartelsmeyer | Bartle | Bearden | Behnen |
Berkowitz | Berkstresser | Black | Bland | Boatright |
Bonner | Boucher | Bowman | Boykins | Bray 84 |
Britt | Brooks | Burcham | Burton | Byrd |
Campbell | Carnahan | Champion | Cierpiot | Clayton |
Cooper | Copenhaver | Crawford | Crowell | Crump |
Cunningham | Curls | Daus | Davis | Dempsey |
Dolan | Enz | Fares | Farnen | Foley |
Franklin | Fraser | Froelker | Gambaro | Gaskill |
George | Graham | Green 15 | Green 73 | Griesheimer |
Hagan-Harrell | Hampton | Hanaway | Harding | Harlan |
Hartzler | Haywood | Hegeman | Henderson | Hendrickson |
Hickey | Hilgemann | Holand | Hollingsworth | Holt |
Hoppe | Hosmer | Hunter | Jetton | Johnson 61 |
Johnson 90 | Jolly | Kelley 47 | Kelly 144 | Kelly 27 |
Kelly 36 | King | Koller | Lawson | Legan |
Liese | Linton | Lograsso | Long | Lowe |
Luetkemeyer | Luetkenhaus | Marble | Marsh | May 149 |
Mayer | Mays 50 | McKenna | Merideth | Miller |
Monaco | Moore | Murphy | Myers | Naeger |
Nordwald | O'Connor | O'Toole | Ostmann | Overschmidt |
Phillips | Portwood | Purgason | Quinn | Ransdall |
Rector | Reid | Relford | Reynolds | Richardson |
Ridgeway | Rizzo | Roark | Robirds | Ross |
Scheve | Schwab | Scott | Seigfreid | Selby |
Shelton | Shields | Shoemaker | Shoemyer | Skaggs |
Smith | St. Onge | Surface | Thompson | Townley |
Treadway | Troupe | Van Zandt | Villa | Vogel |
Wagner | Walton | Ward | Whorton | Williams |
Willoughby | Wilson 25 | Wilson 42 | Wright | Mr. Speaker |
NOES: 001 | ||||
Hohulin | ||||
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 003 | ||||
Gratz | Reinhart | Secrest | ||
VACANCIES: 004 |
Speaker Kreider declared the bill passed.
PERFECTION OF HOUSE BILL
HCS HBs 1461 & 1470, with House Substitute Amendment No. 1 for House Amendment No. 3, House Amendment No. 3 and HS, as amended, pending, relating to elections, was taken up by Representative Seigfreid.
House Substitute Amendment No. 1 for House Amendment No. 3 was withdrawn.
Representative Hanaway offered House Substitute Amendment No. 1 for House Amendment No. 3.
House Substitute Amendment No. 1
for
House Amendment No. 3
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.453, Page 67, by deleting the opening bracket ([) on Line 11 and deleting the closing bracket (]) on Line 13; and
Further amend said section, Page 67, Line 13, by inserting the following after "clear.":
"Regulations promulgated by the secretary of state shall be used by the judges to determine voter intent."; and
Further amend the title, enacting clause and intersectional references accordingly.
On motion of Representative Hanaway, House Substitute Amendment No. 1 for House Amendment No. 3 was adopted.
Representative Scheve offered House Amendment No. 4.
House Amendment No. 4
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.420, Page 65, Line 6, by inserting a period (.) at the end of said line; and
Further amend said section, Lines 7-9, by deleting all of said lines; and
Further amend said section, Lines 14-19, by deleting all of said line; and
Further amend the title, enacting clause and intersectional references accordingly.
On motion of Representative Scheve, House Amendment No. 4 was adopted.
Representative Farnen offered House Amendment No. 5.
House Amendment No. 5
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Sections 115.074 and 115.076, Pages 9-11, by deleting all of said sections and inserting in lieu thereof the following:
"115.076. 1. Subject to appropriation of federal funds, the secretary of state shall administer a grant program annually for the purposes of providing funds to election authorities:
(1) To make polling places, including paths of travel, entrances, exits and voting areas of each polling facility accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and secret, independent and verifiable participation, including privacy and independence, as for other voters;
(2) To provide individuals with disabilities and individuals who are blind and visually impaired with information about the accessibility of polling places, including outreach programs to inform individuals about the availability of accessible polling places and to train election officials, poll workers, and election volunteers on how to best promote the access and participation of individuals in elections, and to provide assistance in all accommodations needed by voters with disabilities.
Such funding shall be in the form of matching grants.
The secretary of state may promulgate rules to effectuate the provisions of this section.
2. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void."; and
Further amend the title, enacting clause and intersectional references accordingly.
On motion of Representative Farnen, House Amendment No. 5 was adopted.
Representative Britt offered House Amendment No. 6.
House Amendment No. 6
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Page 30, Section 115.157, Line 3 of said page, by inserting after the words "enforcement agency," the following:
"any county, state, or federal parole officer, any federal pretrial officer, any peace officer pursuant to section 590.010, RSMo, any member of a parole officer's, pretrial officer's, or peace officer's immediate family,"; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Britt, House Amendment No. 6 was adopted.
Representative Smith offered House Amendment No. 7.
House Amendment No. 7
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.645, Pages 71-72, by deleting all of said section; and
Further amend the title enacting clause and intersectional references accordingly.
Representative Monaco assumed the Chair.
Representative Hegeman 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 House Bill Nos. 1461 & 1470, Pages 71 and 72, Section 115.645, by deleting all of said section and inserting in lieu thereof the following:
"115.645. 1. To determine whether violations of this chapter have occurred, the secretary of state shall have the power to investigate such persons and records as necessary. Such power is limited to cases where:
(1) The secretary of state determines that a matter of statewide interest is adversely affected; or
(2) The secretary of state determines local law enforcement authorities are unwilling or unable to investigate the matter; or
(3) The local election authority requests the secretary of state to investigate.
2. The secretary of state shall have the investigative subpoena powers granted prosecuting attorneys under section 56.085, RSMo. The venue for seeking issuance of such subpoena shall be in Cole County. Any request for subpoena shall:
(1) State the statute and section thereof, the alleged violation of which is under investigation, and the general subject matter of the investigation;
(2) Describe the class or classes of information, documentary material, or physical evidence to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded;
(3) Prescribe a return date by which the information, documentary material, or physical evidence is to be produced; and
(4) Identify the members of the secretary of state's staff to whom the information, documentary material, or physical evidence requested is to be made available.
3. No request for subpoena shall:
(1) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this state;
(2) Require the disclosure of any documentary material which would be privileged or which, for any other reason, could not be required by a subpoena duces tecum issued by a court of this state;
(3) Require any person to travel outside the county of his or her residence.
4. The secretary of state shall promulgate rules to effectuate the provisions of this section.
5. The secretary of state shall ensure the confidentiality of all reports, records, working papers, recorded information except that all such records shall be available to the local law enforcement officials if the secretary of state refers any alleged violation of this chapter for prosecution and to the local election authority except when the secretary of state alleges the local election authority has committed a violation of this chapter.
6. In investigating violations of this chapter the secretary of state and any local law enforcement officials shall refrain from any conduct which has the possibility of affecting the conduct or outcome of an election. No investigations of alleged violations of this chapter by the secretary of state or local law enforcement officials shall occur prior to an election and subpoenas requested prior to an election shall be issued only if sufficient evidence exist that information or documents sought under the subpoena will be unavailable after the election.
7. The secretary of state shall have the power to access records that are closed under this chapter or under chapter 610, RSMo, if such records are necessary for the conduct of an investigation under this section.
8. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2002, shall be invalid and void."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Smith raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 7 is not a true substitute amendment.
Representative Smith raised a second point of order that House Substitute Amendment No. 1 for House Amendment No. 7 is not properly drafted.
Representative Monaco requested a parliamentary ruling.
The Parliamentary Committee ruled the first point of order not well taken.
The Parliamentary Committee ruled the second point of order not well taken.
Speaker Kreider resumed the Chair.
Representative Hegeman moved that House Substitute Amendment No. 1 for House Amendment No. 7 be adopted.
Which motion was defeated by the following vote:
AYES: 070 | ||||
Ballard | Barnett | Bartelsmeyer | Bartle | Bearden |
Behnen | Berkstresser | Black | Boatright | Burcham |
Burton | Byrd | Champion | Cierpiot | Cooper |
Crawford | Crowell | Cunningham | Dempsey | Dolan |
Enz | Fares | Gaskill | Griesheimer | Hanaway |
Hartzler | Hegeman | Henderson | Hendrickson | Hohulin |
Holand | Hunter | Jetton | Kelley 47 | Kelly 144 |
King | Legan | Linton | Lograsso | Long |
Luetkemeyer | Marble | Marsh | May 149 | Mayer |
Miller | Moore | Myers | Naeger | Ostmann |
Phillips | Portwood | Purgason | Quinn | Rector |
Reid | Richardson | Ridgeway | Roark | Robirds |
Ross | Schwab | Scott | Shields | Shoemaker |
St. Onge | Surface | Townley | Vogel | Wright |
NOES: 080 | ||||
Abel | Baker | Barnitz | Barry 100 | Berkowitz |
Bland | Bonner | Boucher | Bowman | Boykins |
Bray 84 | Britt | Brooks | Campbell | Carnahan |
Clayton | Copenhaver | Crump | Curls | Daus |
Davis | Farnen | Foley | Franklin | Fraser |
Gambaro | George | Graham | Green 15 | Green 73 |
Hagan-Harrell | Hampton | Harding | Harlan | Haywood |
Hickey | Hilgemann | Hollingsworth | Holt | Hoppe |
Johnson 61 | Johnson 90 | Jolly | Kelly 27 | Kelly 36 |
Koller | Lawson | Liese | Lowe | Mays 50 |
McKenna | Merideth | Monaco | O'Connor | O'Toole |
Overschmidt | Ransdall | Relford | Reynolds | Rizzo |
Scheve | Seigfreid | Selby | Shelton | Shoemyer |
Skaggs | Smith | Thompson | Treadway | Troupe |
Van Zandt | Villa | Wagner | Walton | Whorton |
Williams | Willoughby | Wilson 25 | Wilson 42 | Mr. Speaker |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 009 | ||||
Froelker | Gratz | Hosmer | Luetkenhaus | Murphy |
Nordwald | Reinhart | Secrest | Ward | |
VACANCIES: 004 |
Representative Hohulin requested a verification of the roll call on the adoption of House Substitute Amendment No. 1 for House Amendment No. 7.
On motion of Representative Smith, House Amendment No. 7 was adopted by the following vote:
AYES: 079 | ||||
Abel | Barnitz | Barry 100 | Berkowitz | Bland |
Bonner | Boucher | Bowman | Boykins | Bray 84 |
Britt | Brooks | Campbell | Carnahan | Clayton |
Copenhaver | Crump | Curls | Daus | Davis |
Foley | Franklin | Fraser | Gambaro | George |
Graham | Green 15 | Green 73 | Hagan-Harrell | Hampton |
Harding | Harlan | Haywood | Hickey | Hilgemann |
Hollingsworth | Holt | Hoppe | Johnson 61 | Johnson 90 |
Jolly | Kelly 27 | Kelly 36 | Koller | Lawson |
Liese | Lowe | Luetkenhaus | Mays 50 | McKenna |
Merideth | Monaco | O'Toole | Overschmidt | Ransdall |
Relford | Reynolds | Rizzo | Scheve | Seigfreid |
Selby | Shelton | Shoemyer | Skaggs | Smith |
Thompson | Treadway | Troupe | Van Zandt | Villa |
Wagner | Walton | Ward | Whorton | Williams |
Willoughby | Wilson 25 | Wilson 42 | Mr. Speaker | |
NOES: 073 | ||||
Ballard | Barnett | Bartelsmeyer | Bartle | Bearden |
Behnen | Berkstresser | Black | Boatright | Burcham |
Burton | Byrd | Champion | Cierpiot | Cooper |
Crawford | Crowell | Cunningham | Dempsey | Dolan |
Enz | Fares | Farnen | Froelker | Gaskill |
Griesheimer | Hanaway | Hartzler | Hegeman | Henderson |
Hendrickson | Hohulin | Holand | Hunter | Jetton |
Kelley 47 | Kelly 144 | King | Legan | Linton |
Lograsso | Long | Marble | Marsh | May 149 |
Mayer | Miller | Moore | Murphy | Myers |
Naeger | Nordwald | Ostmann | Phillips | Portwood |
Purgason | Quinn | Rector | Reid | Richardson |
Ridgeway | Roark | Robirds | Ross | Schwab |
Scott | Shields | Shoemaker | St. Onge | Surface |
Townley | Vogel | Wright | ||
PRESENT: 001 | ||||
Hosmer | ||||
ABSENT WITH LEAVE: 006 | ||||
Baker | Gratz | Luetkemeyer | O'Connor | Reinhart |
Secrest | ||||
VACANCIES: 004 |
Representative Scheve offered House Amendment No. 8.
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.126, Page 20, Line 19, by deleting "presidential" and inserting in lieu thereof "general"; and
Further amend said section, Page 21, Lines 8-23, by deleting all of said lines and renumbering the subsections accordingly.
Representative Reid offered House Substitute Amendment No. 1 for House Amendment No. 8.
Representative Seigfreid raised a point of order that House Subtitute Amendment No. 1 for House Amendment No. 8 is not a true substitute amendment.
The Chair ruled the point of order well taken.
Representative Hanaway offered House Substitute Amendment No. 1 for House Amendment No. 8.
House Substitute Amendment No. 1
for
House Amendment No. 8
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.126, Page 20, Line 19, by deleting "presidential" and inserting in lieu thereof "general"; and
Further amend said section, Page 21, Lines 8-15, by deleting all of said lines and inserting in lieu thereof the following: "3. The"; and on Page 21, Line 20, by deleting the word "presidential" and inserting in lieu thereof the word "general"; and
Further renumber the subsections accordingly.
Representative Hanaway moved that House Substitute Amendment No. 1 for House Amendment No. 8 be adopted.
Which motion was defeated.
Representative Scheve moved that House Amendment No. 8 be adopted.
Which motion was defeated.
Representative Wilson (42) offered House Amendment No. 9.
House Amendment No. 9
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, by inserting Section 2 following Section 1.1, Page 81, Line 15.
"1. All grant programs to be administered by the Secretary of State under Section 115.102, 115.074, 115.076 and 115.083 shall be administered by the Secretary of State such that the counties or a city not within a county which have the highest number of residents with an annual income, according to the most recent federal census, below that of the federal poverty level as established the federal department of health and human services, or its successor agency, shall receive preferred consideration for said grants.".
On motion of Representative Wilson (42), House Amendment No. 9 was adopted.
Representative Lograsso offered House Amendment No. 10.
House Amendment No. 10
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Page 70, Section 115.493, Line 11 of said page, by inserting after all of said line the following:
"115.507. 1. Not later than the second Tuesday after the election, the verification board shall issue a statement announcing the results of each election held within its jurisdiction and shall certify the returns to each political subdivision and special district submitting a candidate or question at the election. The statement shall include a categorization of the number of regular and absentee votes cast in the election, and how those votes were cast; provided however, that absentee votes shall not be reported separately where such reporting would disclose how any single voter cast his or her vote. When absentee votes are not reported separately the statement shall include the reason why such reporting did not occur. Nothing in this section shall be construed to require the election authority to tabulate absentee ballots by precinct on election night.
2. The verification board shall prepare the returns by drawing an abstract of the votes cast for each candidate and on each question submitted to a vote of people in its jurisdiction by the state and by each political subdivision and special district at the election. The abstract of votes drawn by the verification board shall be the official returns of the election.
3. Any home rule city with more than four hundred thousand inhabitants and located in more than one county may by ordinance designate one of the election authorities situated partially or wholly within that home rule city to be the verification board that shall certify the returns of such city submitting a candidate or question at any election and shall notify each verification board within the city of that designation by providing each with a copy of such duly adopted ordinance. Not later than the second Tuesday after any election in any city making such a designation, each verification board within the city shall certify the returns of such city submitting a candidate or question at the election to the election authority so designated by the city to be its verification board, and such election authority shall announce the results of the election and certify the cumulative returns to the city in conformance with subsections 1 and 2 of this section not later than ten days thereafter.
4. Not later than the second Tuesday after each election at which the name of a candidate for nomination or election to the office of president of the United States, United States senator, representative in Congress, governor, lieutenant governor, state senator, state representative, judge of the circuit court, secretary of state, attorney general, state treasurer, or state auditor, or at which an initiative, referendum, constitutional amendment or question of retaining a judge subject to the provisions of article V, section 29 of the state constitution, appears on the ballot in a jurisdiction, the election authority of the jurisdiction shall mail or deliver to the secretary of state the abstract of the votes given in its jurisdiction, by polling place or precinct, for each such office and on each such question. If mailed, the abstract shall be enclosed in a strong, sealed envelope or envelopes. On the outside of each envelope shall be printed: "Returns of election held in the county of ...................... (City of St. Louis, Kansas City) on the ......... day of ......, ....., ", etc."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Lograsso, House Amendment No. 10 was adopted.
Representative Williams offered House Amendment No. 11.
House Amendment No. 11
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.277, Page 46, Line 18, by inserting opening and closing brackets ([ ]) around "in any election"; and
Further amend said section, Line 19, by inserting after "election" the following:
"for presidential and vice presidential electors, United States senator and representative in Congress"; and
Further amend the title, enacting clause and intersectional references accordingly.
On motion of Representative Williams, House Amendment No. 11 was adopted.
Representative Long offered House Amendment No. 12.
House Amendment No. 12
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.127, Page 24, Line 15, by inserting an opening bracket ([) after "4.", and Page 25, Line 1, by inserting a closing bracket after "ballot." and inserting in lieu thereof the following:
"Except as otherwise provided in article XII, section 2(b) of the Missouri Constitution or chapter 116, RSMo, in lieu of causing legal notice to be published twice in accordance with any of the provisions of this chapter, the election authority may cause legal notice to be mailed prior to the election by first class mail or other mail as authorized under the National Voter Registration Act of 1993 to each registered voter, and cause legal notice to be published within one week before the election in a newspaper qualified pursuant to chapter 493, RSMo. All such legal notices shall include the date and time of the election, the location of the polling place, the officer or agency calling the election and a sample ballot and voting instructions."; and
Further amend the title, enacting clause and intersectional references accordingly.
Representative Long moved that House Amendment No. 12 be adopted.
Which motion was defeated.
Representative Reid offered House Amendment No. 13.
House Amendment No. 13
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Section 115.126, Page 20, Lines 16-24, Page 21, Lines 1-24, and Page 22, Lines 1-14, by deleting all of said section; and
Further amend the title, enacting clause and intersectional references accordingly.
Representative Reid moved that House Amendment No. 13 be adopted.
Which motion was defeated by the following vote:
AYES: 007 | ||||
Harlan | Hohulin | Kelly 144 | Legan | Reid |
Schwab | Whorton | |||
NOES: 139 | ||||
Abel | Barnett | Barnitz | Barry 100 | Bartelsmeyer |
Bartle | Bearden | Behnen | Berkowitz | Berkstresser |
Black | Bland | Boatright | Bonner | Boucher |
Bowman | Boykins | Bray 84 | Britt | Brooks |
Burcham | Burton | Byrd | Campbell | Carnahan |
Champion | Cierpiot | Clayton | Cooper | Copenhaver |
Crawford | Crowell | Crump | Cunningham | Curls |
Daus | Davis | Dempsey | Dolan | Enz |
Fares | Farnen | Foley | Franklin | Fraser |
Froelker | Gambaro | Gaskill | George | Graham |
Green 15 | Griesheimer | Hagan-Harrell | Hampton | Hanaway |
Harding | Hartzler | Haywood | Hegeman | Henderson |
Hendrickson | Hilgemann | Holand | Hollingsworth | Holt |
Hosmer | Hunter | Jetton | Johnson 61 | Johnson 90 |
Kelley 47 | Kelly 27 | Kelly 36 | King | Lawson |
Liese | Linton | Lograsso | Long | Lowe |
Luetkenhaus | Marble | Marsh | May 149 | Mayer |
Mays 50 | McKenna | Merideth | Miller | Moore |
Murphy | Myers | Naeger | Nordwald | O'Connor |
Ostmann | Overschmidt | Phillips | Portwood | Purgason |
Quinn | Ransdall | Rector | Relford | Reynolds |
Richardson | Ridgeway | Rizzo | Roark | Robirds |
Ross | Scheve | Scott | Seigfreid | Selby |
Shelton | Shields | Shoemaker | Shoemyer | Skaggs |
Smith | St. Onge | Surface | Thompson | Townley |
Treadway | Troupe | Van Zandt | Villa | Vogel |
Wagner | Walton | Ward | Williams | Willoughby |
Wilson 25 | Wilson 42 | Wright | Mr. Speaker | |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 013 | ||||
Baker | Ballard | Gratz | Green 73 | Hickey |
Hoppe | Jolly | Koller | Luetkemeyer | Monaco |
O'Toole | Reinhart | Secrest | ||
VACANCIES: 004 |
Representative Berkstresser offered House Amendment No. 14.
House Amendment No. 14
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Page 72, Section 115.645, Line 9, by inserting immediately after said section the following:
"115.800. 1. This section shall be known and may be cited as the "Fair Ballot Language Act".
2. Each ballot question shall have an explanation following such question stating how a yes vote and how a no vote will affect taxation. The language shall be substantially as follows: "A (yes or no) vote will (raise, lower or not affect) taxes."
3. The election authority adding such question to the ballot shall make the determination required by this section."; and
Further amend title and enacting clause.
Representative Berkstresser moved that House Amendment No. 14 be adopted.
Which motion was defeated.
Representative Harding offered House Amendment No. 15.
House Amendment No. 15
AMEND House Substitute for House Committee Substitute for House Bill Nos. 1461 & 1470, Page 9, Section 115.013, by inserting after all of said section the following:
"115.022. Any election authority may establish a sample ballot pilot project within such election authority's jurisdiction, which shall provide sample ballots by mail to voters for the purpose of educating the voters of the voting process and for determining whether providing sample ballots by mail to voters will increase voter turnout. Any election authority which establishes a sample ballot pilot project pursuant to this section shall establish such program by January 1, 2003, and shall deliver a report on the effectiveness of the pilot project, including recommendations for continuing, expanding, or modifying the project, to the secretary of state by December 31, 2005."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Harding moved that House Amendment No. 15 be adopted.
Which motion was defeated by the following vote:
AYES: 052 | ||||
Baker | Berkowitz | Boucher | Bray 84 | Britt |
Campbell | Carnahan | Clayton | Copenhaver | Crump |
Curls | Daus | Davis | Farnen | Franklin |
Fraser | George | Graham | Green 15 | Hagan-Harrell |
Hampton | Harding | Harlan | Hilgemann | Hollingsworth |
Holt | Hosmer | Johnson 90 | Jolly | Kelly 27 |
Kelly 36 | Liese | Long | Lowe | Mays 50 |
Merideth | Overschmidt | Ransdall | Relford | Reynolds |
Scheve | Seigfreid | Selby | Shoemyer | Skaggs |
Smith | Treadway | Troupe | Van Zandt | Villa |
Willoughby | Wilson 25 | |||
NOES: 090 | ||||
Ballard | Barnett | Barnitz | Barry 100 | Bartelsmeyer |
Bartle | Bearden | Behnen | Berkstresser | Black |
Bland | Boatright | Bonner | Bowman | Boykins |
Brooks | Burcham | Burton | Byrd | Champion |
Cierpiot | Cooper | Crawford | Crowell | Cunningham |
Dempsey | Dolan | Fares | Froelker | Gambaro |
Gaskill | Griesheimer | Hanaway | Hartzler | Haywood |
Hegeman | Henderson | Hendrickson | Hohulin | Holand |
Hoppe | Hunter | Jetton | Johnson 61 | Kelley 47 |
Kelly 144 | King | Legan | Linton | Lograsso |
Marble | Marsh | May 149 | Mayer | McKenna |
Miller | Moore | Myers | Naeger | Nordwald |
O'Toole | Ostmann | Phillips | Portwood | Purgason |
Quinn | Rector | Reid | Richardson | Ridgeway |
Rizzo | Roark | Robirds | Ross | Schwab |
Scott | Shelton | Shields | Shoemaker | St. Onge |
Surface | Thompson | Townley | Vogel | Walton |
Ward | Whorton | Wilson 42 | Wright | Mr. Speaker |
PRESENT: 000 | ||||
ABSENT WITH LEAVE: 017 | ||||
Abel | Enz | Foley | Gratz | Green 73 |
Hickey | Koller | Lawson | Luetkemeyer | Luetkenhaus |
Monaco | Murphy | O'Connor | Reinhart | Secrest |
Wagner | Williams | |||
VACANCIES: 004 |
HCS HBs 1461 & 1470, with HS, as amended, pending, was laid over.
SIGNING OF SENATE BILL
All other business of the House was suspended while CCS HCS SS #2 SB 650 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.
SIGNING OF HOUSE BILL
Having been duly signed in open session of the Senate, CCS SCS HS HCS HBs 1037, 1188, 1074 & 1271 was delivered to the Governor by the Chief Clerk of the House.
REFERRAL OF HOUSE BILLS
The following House Bills were referred to the Committee indicated:
HB 2002 - Local Government and Related Matters
HB 2058 - Agriculture
HB 2080 - Criminal Law
COMMITTEE REPORTS
Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:
Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1159, HB 1214, HB 1624, HB 1204, HB 1093, HB 1714, HB 1205, HB 1411, HB 1094, HB 1397, HB 1391, HB 1272, HB 1918, HB 1242, HB 1075, HB 1320 and HB 1515 (Consent), begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.
Committee on Elections, Chairman Seigfreid reporting:
Mr. Speaker: Your Committee on Elections, to which was referred HB 1840, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Committee on Professional Registration and Licensing, Chairman Treadway reporting:
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1032, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1313, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1409, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1600, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Mr. Speaker: Your Committee on Professional Registration and Licensing, to which was referred HB 1643, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
Committee on Social Services, Medicaid and the Elderly, Chairman Ladd Baker reporting:
Mr. Speaker: Your Committee on Social Services, Medicaid the Elderly, to which was referred HB 1781, begs leave to report it has examined the same and recommends that it Do Pass by Consent.
INTRODUCTION OF HOUSE JOINT RESOLUTIONS
The following House Joint Resolutions were read the first time and copies ordered printed:
HJR 57, introduced by Representative Koller, relating to transportation.
HJR 58, introduced by Representatives Hosmer and Holand, relating to judiciary.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 2095, introduced by Representatives Mays (50), Willoughby and Burton, relating to the public service commission.
HB 2096, introduced by Representative Hollingsworth, relating to an equitable distribution system for local effort moneys and annual state appropriations for outpatient mental health services.
HB 2097, introduced by Representatives Copenhaver, Berkowitz, Shoemyer (9), Smith and Britt, relating to weights and measures.
HB 2098, introduced by Representative Walton, relating to African-American education.
HB 2099, introduced by Representative Hohulin, relating to exemptions from taxation.
HB 2100, introduced by Representative Hohulin, relating to franchise tax.
HB 2101, introduced by Representatives Cooper, Bearden, Dempsey, Hohulin, Hunter, Richardson and Legan, et al, relating to motor vehicles.
HB 2102, introduced by Representative Johnson (90), relating to a Missouri state board of electrolysis.
HB 2103, introduced by Representative Scott, relating to the vocational enterprises program.
HB 2104, introduced by Representatives Berkowitz, Barry, Hilgemann, Copenhaver, Wilson (42), Richardson and Luetkemeyer, relating to availability of certain vaccinations for residents in long-term care facilities.
HB 2105, introduced by Representatives Monaco, Bonner and Clayton, relating to drivers' licenses.
HB 2106, introduced by Representative Hagan-Harrell, relating to retirement benefits for members of the general assembly.
HB 2107, introduced by Representatives Byrd, Naeger and Hanaway, et al, relating to Missouri dependency exemptions.
HB 2108, introduced by Representative Bartelsmeyer, relating to election costs.
HB 2109, introduced by Representatives Lawson and Shields, relating to disclosure of mental health information.
HB 2110, introduced by Representatives Reinhart, Ridgeway, Kelly (144), Gaskill and Berkstresser, relating to unlawful use of weapons.
HB 2111, introduced by Representatives Kelly (144) and Kreider, et al, relating to enterprise zones.
MESSAGES FROM THE SENATE
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 642, entitled:
An act to amend chapter 191, RSMo, by adding thereto two new sections relating to testing for certain diseases.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 714, entitled:
An act to repeal section 190.500, RSMo, relating to the declaration of a state public health emergency, and to enact in lieu thereof one new section relating to the same subject.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 786, entitled:
An act to amend chapter 327, RSMo, by adding thereto one new section relating to the licensing of architects and engineers.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1011, entitled:
An act to repeal section 260.270, RSMo, and to enact in lieu thereof one new section relating to waste tires, with penalty provisions.
In which the concurrence of the House is respectfully requested.
Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 1015, entitled:
An act to repeal sections 253.080 and 253.082, RSMo, relating to state parks, and to enact in lieu thereof four new sections relating to the same subject.
In which the concurrence of the House is respectfully requested.
ADJOURNMENT
On motion of Representative Crump, the House adjourned until 10:00 a.m., Wednesday, March 6, 2002.
CORRECTIONS TO THE HOUSE JOURNAL
Correct House Journal, Thirty-first Day, Monday, March 4, 2002, pages 431 and 432, roll call, by showing Representative Bartelsmeyer "absent with leave" rather than voting "aye".
Pages 431 and 432, roll call, by showing Representatives Bartle, Berkstresser, Boatright and Green (15) voting "aye" rather than "absent with leave".
Pages 432 and 433, roll call, by showing Representative Berkstresser voting "aye" rather than "absent with leave".
Pages 433 and 434, roll call, by showing Representative Berkstresser voting "aye" rather than "absent with leave".
Pages 434 and 435, roll call, by showing Representative Boatright voting "aye" rather than "no".
Page 440, roll call, by showing Representative Cunningham voting "aye" rather than "absent with leave".
Pages 442 and 443, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".
Pages 443 and 444, roll call, by showing Representative Hosmer voting "aye" rather than "absent with leave".
COMMITTEE MEETINGS
AGRICULTURE
Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 7.
To be considered - HB 1958, Executive Session - HB 1794, Executive Session - HB 1863,
Executive Session - HB 1936, Executive Session - HCR 14, Executive Session - HR 281
APPROPRIATIONS - EDUCATION
Wednesday, March 6, 2002. Hearing Room 1 upon adjournment.
Possible Executive Session. Continuation of mark-up.
To be considered - HB 1102, HB 1103
APPROPRIATIONS - HEALTH AND MENTAL HEALTH
Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 2.
Executive Session.
To be considered - HB 1953
BANKS AND FINANCIAL INSTITUTIONS
Wednesday, March 6, 2002. Hearing Room 6 fifteen minutes upon adjournment.
Executive Session may follow. AMENDED.
To be considered - HB 1363, HB 1888, HB 1950, HB 2045, HR 51
BUDGET
Wednesday, March 6, 2002, 8:00 a.m. Hearing Room 3. AMENDED.
Continuation on FY 2003 budget.
To be considered: HB 1104, HB 1112
BUDGET
Wednesday, March 6, 2002. Hearing Room 3 upon am adjournment.
Continuation on FY 2003 budget.
Specific bills announced in an amended notice.
BUDGET
Thursday, March 7, 2002, 8:00 a.m. Hearing Room 3.
Continuation on FY 2003 budget.
Specific bills to be announced in an amended notice.
BUDGET
Thursday, March 7, 2002. Hearing Room 3 upon a.m. adjournment.
Continuation on FY2003 budget.
Specific bills to be announced in amended notice.
CIVIL AND ADMINISTRATIVE LAW
Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 1. AMENDED.
To be considered - HB 1465, HB 1471, HB 1693, HB 1747, HB 1917, HB 1968
Executive Session - HB 1802
COMMERCE AND ECONOMIC DEVELOPMENT
Wednesday, March 6, 2002. Hearing Room 7 upon adjournment.
Executive Session may follow.
To be considered - HB 1889
CRIMINAL LAW
Wednesday, March 6, 2002, 8:00 p.m. Hearing Room 7. AMENDED.
Executive Session may follow.
To be considered - HB 1394, HB 1542, HB 1737, HB 1836, HB 2008
EDUCATION - HIGHER
Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 5.
Possible Executive Session on bills heard by the committee as of this date.
To be considered - HB 1986, HB 2019
ENVIRONMENT AND ENERGY
Thursday, March 7, 2002, 8:30 a.m. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1323, HB 1599, HB 1754
FISCAL REVIEW AND GOVERNMENT REFORM
Wednesday, March 6, 2002, 8:30 a.m. Hearing Room 4.
Fiscal Review HCS HB 1472.
To be considered - HB 1897, HB 1915, Executive Session - HB 1306, Executive Session - HB 1855
JOINT COMMITTEE ON ADMINISTRATIVE RULES
Thursday, March 7, 2002. Hearing Room 6 upon adjournment
20CSR 500-6.700
Department of Insurance, Property & Casualty, Workers' Compensation and Employer's Liability.
MISCELLANEOUS BILLS AND RESOLUTIONS
Wednesday, March 6, 2002, 8:30 a.m. Hearing Room 6.
Executive Session may follow.
To be considered - HB 1813, HB 1850, HJR 24, HJR 33, HJR 40, HJR 51, HR 361
MUNICIPAL CORPORATIONS
Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 4. AMENDED.
To be considered - HB 1708, HB 1811, HB 1931, HB 1964
PROFESSIONAL REGISTRATION AND LICENSING
Wednesday, March 6, 2002, 5:00 p.m. Hearing Room 5.
To be considered - HB 1919, HB 1937
RETIREMENT
Wednesday, March 6, 2002, 7:00 p.m. Hearing Room 1.
Executive Session may follow. AMENDED.
To be considered - HB 1538, HB 1571, HB 1572, HB 1674, HB 1724, HB 1818, HB 1823
RULES, JOINT RULES, BILLS PERFECTED AND PRINTED
Wednesday, March 6, 2002. Hearing Room 4 upon a.m. adjournment.
To be considered - HB 1265, HB 1412
SUBCOMMITTEE ON BUDGET
Wednesday, March 6, 2002, 7:30 p.m. Hearing Room 3.
Testimony.
To be considered - HB 1114
TRANSPORTATION
Wednesday, March 6, 2002, 3:00 p.m. Hearing Room 6.
Executive Session may follow.
To be considered - HB 1535, HB 1645, HB 1746
UTILITIES REGULATION
Wednesday, March 6, 2002, 8:30 a.m. Hearing Room 7.
Executive Session may follow.
To be considered - HB 1875, HB 1914, HB 1929
HOUSE CALENDAR
THIRTY-THIRD DAY, WEDNESDAY, MARCH 6, 2002
HOUSE JOINT RESOLUTIONS FOR SECOND READING
HJR 57 and HJR 58
HOUSE BILLS FOR SECOND READING
HB 2095 through HB 2111
HOUSE BILLS FOR PERFECTION
1 HCS HB 1461 & 1470, with HS, as amended, pending - Seigfreid
2 HCS HB 1069 - Bray
3 HCS HB 1403 - St. Onge
4 HCS HB 1817 - Franklin
5 HB 1592 - Hickey
6 HCS HB 1532 - Hoppe
7 HCS HB 1344 & 1944 - Crump
8 HCS HB 1906 - Green (73)
9 HCS HB 1877 - Foley
10 HB 1679 - Crump
11 HCS HB 1392 - Davis
12 HCS HB 1479 - Ladd Baker
HOUSE BILLS FOR PERFECTION - INFORMAL
1 HB 1594, as amended - Gratz
2 HCS HB 1202, as amended - Smith
HOUSE BILLS FOR PERFECTION - CONSENT
(3-4-02)
1 HB 1569 - Davis
2 HB 1795 - Berkowitz
3 HB 1849 - Barnitz
4 HB 1745 - Koller
5 HB 1400 - Merideth
6 HB 1141 - Naeger
7 HB 1270 - Gratz
8 HB 1822 - Walton
9 HB 1783 - Lowe
10 HB 1768 - Hosmer
11 HB 1814 - Monaco
12 HB 1712 - Monaco
13 HB 1895 - Monaco
14 HB 1722 - Hosmer
15 HB 1779 - Green (73)
16 HB 1788 - Ross
17 HB 1778 - Monaco
18 HB 1789 - Ross
19 HB 1314 - Mays (50)
20 HB 1632 - O'Connor
HOUSE JOINT RESOLUTION FOR THIRD READING
HJR 32 - Barry
HOUSE BILLS FOR THIRD READING
1 HCS HB 1472, (Fiscal Review 2-25-02) - Whorton
2 HB 1672 - Gambaro
3 HCS HB 1765, E.C. - Bray
4 HB 1581 - Clayton
5 HB 1418 - Barnitz
HOUSE BILLS FOR THIRD READING - CONSENT
1 HB 1406 - Barnett
2 HB 1402 - Burton
3 HB 1159 - Boykins
4 HB 1214 - Davis
5 HB 1624 - Skaggs
6 HB 1204 - Seigfreid
7 HB 1093 - Relford
8 HB 1714 - Hilgemann
9 HB 1205 - Seigfreid
10 HB 1411 - Skaggs
11 HB 1094 - Relford
12 HB 1397 - Ransdall
13 HB 1391 - Smith
14 HB 1272 - Smith
15 HB 1918 - Koller
16 HB 1242 - Griesheimer
17 HB 1075 - Nordwald
18 HB 1320 - Reid
19 HB 1515 - Burton
SENATE BILLS FOR SECOND READING
1 SCS SB 642
2 SB 714
3 SB 786
4 SB 1011
5 SCS SB 1015
HOUSE RESOLUTION
HR 150, (2-21-02, page 344) - Vogel