Journal of the House

Second Regular Session, 91st General Assembly

FIFTY-FIFTH DAY, Thursday, April 18, 2002

Speaker Pro Tem Abel in the Chair.

Prayer by Reverend Rudy Beard.

Almighty God, we seek Your guidance at the beginning of this day. Make plan, we pray, the first steps of the day. Each man and woman of this House has enough:

Enough to do, enough meetings to attend,

enough on the calendar, enough promises to keep,

enough to worry about...

Bless them this day with enough patience, enough wisdom, enough confidence in their best ideas, enough compassion and enough faith in You their God to guide and sustain them. To You be glory and honor. 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: Allison Wolz, Josh Meyer, Farrah Malik, Nathan Berry, T.J. Gardner, Gabe Gardner, Stefannie Cundiff, Aaron Porter, Jon Hall, Brandy Hurt, Aaron Coy, Morgan Wall, Adam Jackson, Savannah Jackson and Gage Jarrett.

The Journal of the fifty-fourth day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 1400 - Representative Franklin

House Resolution No. 1401 - Representative Selby

House Resolution No. 1402 - Representative Gratz

House Resolution No. 1403 - Representative Hohulin

House Resolution No. 1404 - Representative Kelly (27)

House Resolution No. 1405 - Representative Kreider

House Resolution No. 1406 - Representative Boatright

House Resolution No. 1407 - Representative Naeger

House Resolution No. 1408 - Representative Walton

House Resolution No. 1409 - Representative Berkstresser

House Resolution No. 1410 - Representative Jolly

House Resolution No. 1411 - Representative Kreider

House Resolution No. 1412 - Representatives Bearden and Holt

House Resolution No. 1413 - Representative Williams

House Resolution No. 1414 - Representative Crowell

House Resolution No. 1415 - Representative Kelly (144)

House Resolution No. 1416 - Representative Monaco

House Resolution No. 1417 - Representative Bowman

House Resolution No. 1418 - Representative Troupe

SECOND READING OF HOUSE BILL - APPROPRIATIONS

HB 1121 was read the second time.

SECOND READING OF SENATE BILLS

SCS SBs 958 & 657 and SB 1005 were read the second time.

COMMITTEE REPORT

Committee on Fiscal Review and Government Reform, Chairman Hollingsworth reporting:

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HS HCS HBs 1654 & 1156 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

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 2078, HCS HJR 51, HB 1726, HCS HB 1717 and HJR 28, 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.

THIRD READING OF HOUSE BILLS

HB 1306, relating to multicultural program and committee, was taken up by Representative Williams.

On motion of Representative Williams, HB 1306 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

The emergency clause was adopted by the following vote:

HS HCS HBs 1654 & 1156, relating to protection of the elderly, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HS HCS HBs 1654 & 1156 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HS HCS HB 1756, relating to sexually transmitted diseases, was taken up by Representative Reid.

Representative Reid offered House Perfecting Amendment No. 1.

House Perfecting Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1756, Page 5, Section 191.677, Lines 27 and 28, by deleting the following:

"Violation of the provisions of subdivision (2) and (3) of subsection 1 of this section is a class D felony."; and

Further amend said bill, Section 191.677, Lines 41 and 42, by deleting all of said lines and inserting in lieu thereof the following:

"4. The use of condoms in not a defense to a violation of paragraph (a) of subdivision (2) of subsection 1 of this section.".

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

On motion of Representative Reid, HS HCS HB 1756, as amended, was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HB 1058, relating to hate crimes, was taken up by Representative Haywood.

On motion of Representative Haywood, HB 1058 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HS HCS HBs 1502 & 1821, relating to insurance, was taken up by Representative Luetkenhaus.

On motion of Representative Luetkenhaus, HS HCS HBs 1502 & 1821 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HBs 1509 & 1510, relating to police retirement systems, was taken up by Representative Curls.

Representative Marble made a substitute motion that HCS HBs 1509 & 1510 be referred to the Committee on Fiscal Review and Government Reform pursuant to Rule 28.

Which motion was denied.

On motion of Representative Curls, HCS HBs 1509 & 1510 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

Representative Britt assumed the Chair.

HCS HB 1888, relating to pawnshops, was taken up by Representative Barnitz.

On motion of Representative Barnitz, HCS HB 1888 was read the third time and passed by the following vote:

Representative Britt declared the bill passed.

Speaker Pro Tem Abel resumed the Chair.

HS HCS HB 1527, relating to university governing boards, was taken up by Representative Graham.

On motion of Representative Graham, HS HCS HB 1527 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

HCS HB 1809, relating to school board elections, was taken up by Representative Sanders Brooks.

On motion of Representative Sanders Brooks, HCS HB 1809 was read the third time and passed by the following vote:

Speaker Pro Tem Abel declared the bill passed.

PERFECTION OF HOUSE BILLS

HCS HB 1695, relating to health insurance, was taken up by Representative Selby.

Representative Barry offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 1695 by inserting at the appropriate location the following section:

"376.1253. 1. Each physician attending any patient with a newly diagnosed cancer shall provide the patient with a timely referral to an appropriate specialist within the provider network for a second opinion regarding the treatment of the patient's type of cancer. If no appropriate specialist is in the provider network, a referral shall be made to a nonnetwork specialist in accordance with this section.

2. Each health carrier or health benefit plan, as defined in section 376.1350, that offers or issues health benefit plans which are delivered, issued for delivery, continued or renewed in this state on or after January 1, 2003, shall provide coverage for a second opinion rendered by an appropriate medical specialist when a patient with a newly diagnosed cancer is referred to such specialist by his or her attending physician. Such coverage shall be subject to the same deductible and coinsurance conditions applied to other specialist referrals and all other terms and conditions applicable to other benefits.

3. The provisions of this section shall not apply to a supplemental insurance policy, including a life care contract, accident-only policy, specified disease policy, hospital policy providing a fixed daily benefit only, Medicare supplement policy, long-term care policy, short-term major medical policies of six months or less duration, or any other supplemental policy as determined by the director of the department of insurance."; and

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

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

Representative Monaco offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 1695 by inserting at the appropriate location the following section:

"376.429. 1. All health benefit plans, as defined in section 376.1350, that are delivered, issued for delivery, continued or renewed on or after August 28, 2002, and providing coverage to any resident of this state shall provide coverage for routine patient care costs as defined in subsection 7 of this section incurred as the result of phase II, III, or IV of a clinical trial that is approved by an entity listed in subsection 4 of this section and is undertaken for the purposes of the prevention, early detection, or treatment of cancer.

2. In the case of treatment under a clinical trial, the treating facility and personnel must have the expertise and training to provide the treatment and treat a sufficient volume of patients. There must be equal to or superior, noninvestigational treatment alternatives and the available clinical or preclinical data must provide a reasonable expectation that the treatment will be superior to the noninvestigational alternatives.

3. Coverage required by this section shall include coverage for routine patient care costs incurred for drugs and devices that have been approved for sale by the Food and Drug Administration (FDA), regardless of whether approved by the FDA for use in treating the patient's particular condition, including coverage for reasonable and medically necessary services needed to administer the drug or use the device under evaluation in the clinical trial.

4. Subsections 1 and 2 of this section requiring coverage for routine patient care costs shall apply to clinical trials that are approved or funded by one of the following entities:

(1) One of the National Institutes of Health (NIH);

(2) An NIH Cooperative Group or Center as defined in subsection 7 of this section;

(3) The FDA in the form of an investigational new drug application;

(4) The federal Departments of Veterans' Affairs or Defense;

(5) An institutional review board in this state that has an appropriate assurance approved by the Department of Health and Human Services assuring compliance with and implementation of regulations for the protection of human subjects (45 CFR 46); or

(6) A qualified research entity that meets the criteria for NIH Center support grant eligibility.

5. An entity seeking coverage for treatment, prevention, or early detection in a clinical trial approved by an institutional review board under subdivision (5) of subsection 4 of this section shall maintain and post electronically a list of the clinical trials meeting the requirements of subsections 2 and 3 of this section. This list shall include: the phase for which the clinical trial is approved; the entity approving the trial; whether the trial is for the treatment of cancer or other serious or life threatening disease, and if not cancer, the particular disease; and the number of participants in the trial. If the electronic posting is not practical, the entity seeking coverage shall periodically provide payers and providers in the state with a written list of trials providing the information required in this section.

6. As used in this section, the following terms shall mean:

(1) "Cooperative group", a formal network of facilities that collaborate on research projects and have an established NIH-approved Peer Review Program operating within the group, including the NCI Clinical Cooperative Group and the NCI Community Clinical Oncology Program;

(2) "Multiple project assurance contract", a contract between an institution and the federal Department of Health and Human Services (DHHS) that defines the relationship of the institution to the DHHS and sets out the responsibilities of the institution and the procedures that will be used by the institution to protect human subjects;

(3) "Routine patient care costs", shall include coverage for reasonable and medically necessary services needed to administer the drug or device under evaluation in the clinical trial. Routine patient care costs include all items and services that are otherwise generally available to a qualified individual that are provided in the clinical trial except:

(a) The investigational item or service itself;

(b) Items and services provided solely to satisfy data collection and analysis needs and that are not used in the direct clinical management of the patient; and

(c) Items and services customarily provided by the research sponsors free of charge for any enrollee in the trial.

7. For the purpose of this section, providers participating in clinical trials shall obtain a patient's informed consent for participation on the clinical trial in a manner that is consistent with current legal and ethical standards. Such documents shall be made available to the health insurer upon request.

8. The provisions of this section shall not apply to a policy, plan or contract paid under Title XVIII or Title XIX of the Social Security Act."; and

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

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

Representative Graham offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1695 by inserting at the appropriate location the following section:

"376.1221. 1. Every health insurer and health benefit plan, as defined in section 376.1350, offering health benefit plans that are delivered, issued for delivery, continued or renewed after January 1, 2003, shall provide coverage for hearing aids that are prescribed, fitted, and dispensed by appropriately licensed professionals to dependent children through age nineteen covered under a policy, contract, or plan.

2. The hearing aids covered under this section shall:

(1) Be an electronic wearable device designed to aid or compensate for human hearing loss and any parts, attachments, or accessories, including earmolds;

(2) Be of a design and circuitry to optimize audibility and listening skills in the environment commonly experienced by children; and

(3) Have multiple-band wide dynamic range compression and direct audio input compatibility.

3. The coverage provided by this section shall include coverage for replacement hearing aids for the child at least once every three years.

4. Hearing evaluations, hearing aids, prescriptions, fittings, and consumable supplies shall be reimbursed according to the contracted fee schedule. In the absence of a contracted fee schedule, reimbursement shall be at the usual and customary charges of the licensed professional. A health insurer or health benefit plan subject to this section may limit the benefit payable for hearing aids to one thousand two hundred fifty dollars for each ear with a hearing loss. An insured or enrollee who selects a hearing aid that costs more than the benefit payable pursuant to this section may pay the difference between the price of the hearing aid and the benefit payable without financial or contractual penalty to the provider of the hearing aid.

5. Nothing in this section shall prohibit a health insurer or health benefit plan from providing coverage that is greater than or more favorable to enrollees than the coverage provided by this section.

6. The health care service required by this section shall not be subject to a deductible or co-payment that exceeds twenty percent of the actual covered service costs. No health insurer or health benefit plan subject to this section shall request or require hearing acuity information from or about persons applying for coverage.

7. This section shall not apply to a supplemental insurance policy, including a life care contract, accident-only policy, specified disease policy, hospital policy providing a fixed daily benefit only, Medicare supplement policy, long-term care policy, short-term major medical policies of six months or less duration, or any other supplemental policy as determined by the director of the department of insurance.

8. The director of the department of insurance may promulgate rules to implement the provisions of this section. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to chapter 536, RSMo."; and

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

On motion of Representative Graham, House Amendment No. 3 was adopted.

Representative Portwood offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1695 by inserting at the appropriate location the following section:

"34.375. 1. This section shall be known and may be cited as the "Missouri Calcium Initiative".

2. The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:

(1) Contain a higher level of calcium than products of the same type and quality; and

(2) Are equal to or lower in price than products of the same type and quality.

3. Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.

4. The requirements of this section shall be in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.

5. For purposes of this section, "governmental entity" means the state of Missouri, its departments, agencies, boards, commissions and institutions, and all school districts of the state. Governmental entity does not include political subdivisions of the state.

6. Notwithstanding the provisions of this section to the contrary, a purchasing agent who has entered into a contract with a supplier before July 1, 2002, to purchase food and beverages shall not be required to purchase high calcium foods and beverages if purchasing such products would change the terms of the contract."; and

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

Representative Britt resumed the Chair.

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

On motion of Representative Selby, HCS HB 1695, as amended, was adopted.

On motion of Representative Selby, HCS HB 1695, as amended, was ordered perfected and printed.

HCS HB 1936, relating to agriculture, was taken up by Representative Shoemyer (9).

Representative Shoemyer (9) offered HS HCS HB 1936.

Representative Legan offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill No. 1936, Page 2, Section 261.230, Line 16, by deleting the words "or any equivalent successor program".

Representative Legan moved that House Amendment No. 1 be adopted.

Which motion was defeated by the following vote:

Representative Shoemyer (9) offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill No. 1936, Page 5, Section 261.235, Line 24, by inserting after the word "produced" on said line the following: "or family-farm corporation-produced"; and

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

On motion of Representative Shoemyer (9), House Amendment No. 2 was adopted.

Representative Shoemyer (9) offered House Amendment No. 3.

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

Representative Britt requested a parliamentary ruling.

The Parliamentary Committee ruled the point of order not well taken.

House Amendment No. 3 was withdrawn.

On motion of Representative Shoemyer (9), HS HCS HB 1936, as amended, was adopted by the following vote:

On motion of Representative Shoemyer (9), HS HCS HB 1936, as amended, was ordered perfected and printed.

Speaker Kreider assumed the Chair.

HCS HBs 1729, 1589 & 1435, relating to concealable weapons, was taken up by Representative Barnitz.

Representative Barnitz offered HS HCS HBs 1729, 1589 & 1435.

Representative Barnitz offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 2, Section 50.535, Line 8, by deleting the following: "this section" and inserting in lieu thereof the following: "section 571.094 RSMo"; and

Further amend said bill, Page 13, Section 571.094, Line 19, by deleting the following: "23" and inserting in lieu thereof the following: "22".

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

Representative Seigfreid offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 9, Section 571.094, Line 14, by deleting "five-year" on said line and inserting in lieu thereof the following: "ten-year"; and

Further amend said bill, Page 9, Section 571.094, Line 20, by deleting "five-year" on said line and inserting in lieu thereof the following: "ten-year"; and

Further amend said bill, Page 11, Section 571.094, Line 21, by deleting "five-year" on said line and inserting in lieu thereof the following: "ten-year"; and

Further amend said bill, Page 12, Section 571.094, Line 2, by deleting "five-year" on said line and inserting in lieu thereof the following: "ten-year"; and

Further amend said bill, Page 38, Section 571.094, Line 12, by deleting "five-year" on said line and inserting in lieu thereof the following: "ten-year"; and

Further amend said bill, Page 38, Section 571.094, Line 18, by deleting "five-year" on said line and inserting in lieu thereof the following: "ten-year".

Representative Seigfreid moved that House Amendment No. 2 be adopted.

Which motion was defeated.

Representative Gratz offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 42, Section 571.094, Line 2 of said page, by deleting all of said line and inserting in lieu thereof the following:

"2003, the certificate of qualification issued by a county sheriff pursuant to subsection 1 of section 571.094, shall allow the person issued such certificate to carry a concealed weapon pursuant to the requirements of subsection 19 of this section in lieu of the concealed carry endorsement issued by the director of revenue, unless such certificate of qualification has been suspended or revoked for cause."; and

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

On motion of Representative Gratz, House Amendment No. 3 was adopted.

Representative Riback Wilson (25) offered House Amendment No. 4.

House Amendment No. 4

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 9, Section 571.094, Line 7, by deleting "other than a crime" on said line; and

Further amend said bill, Page 9, Section 571.094, Lines 8 to 11, by deleting all of said lines; and

Further amend said bill, Page 10, Section 571.094, Line 2, by deleting "other than a crime"; and

Further amend said bill, Section 571.094, Lines 3 to 6, by deleting all of said lines; and

Further amend said bill, Page 11, Line 14, Section 571.094, by deleting "other than a crime classified as a misdemeanor" on said line; and

Further amend said bill, Page 11, Section 571.094, Lines 15 to 17, by deleting all of said lines; and

Further amend said bill, Page 12, Section 571.094, Line 9, by deleting "other than a crime classified as a misdemeanor" on said line; and

Further amend said bill, Page 12, Section 571.094, Lines 10 to 12, by deleting all of said lines.

Representative Riback Wilson (25) moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

Representative Barnitz offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 26, Section 571.094, Line 19, by inserting after the word "Any" the following: "higher education institution or"; and

Further amend said bill, Page 26, Section 571.094, Line 20, by inserting after the word "of" on said line the following: "the governing body of the higher education institution or".

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

Representative Hickey offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 85, Section 571.094, Line 20, by inserting after the word "endorsement" on said line the words "to carry a specified firearm"; and

Further amend said bill, section and page, Line 23, by inserting after the word "application" on said line the words:

"The specified firearm shall be identified on the face of the certificate by manufacturer, model, serial number, caliber, barrel length and other pertinent information.".

Representative Hickey moved that House Amendment No. 6 be adopted.

Which motion was defeated by the following vote:

Representative Wilson (42) offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 2, Section 50.535, Lines 4 to 7, by deleting all of said lines and inserting in lieu thereof the following:

"3. If the moneys collected and deposited into this fund are not totally expended annually, then the unexpended balance shall remain in said fund and the balance used to produce and distribute public service announcements promoting the safe storage of firearms in the presence of children.".

On motion of Representative Wilson (42), House Amendment No. 7 was adopted.

Representative Byrd offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill Nos. 1729, 1589 & 1435, Page 41, Section 571.094, Line 22, by inserting after all of said line the following:

"37. This section shall become effective only in those counties in which the governing body of the county submits to the voters of the county, at a regularly scheduled countywide election, a proposal to implement the provisions of this section, or in which a petition, signed by a number of qualified voters residing in the county equal to eight percent of the votes cast in the county in the next preceding gubernatorial election, is filed with the governing body of the county requesting the submission of a proposal to implement the provisions of this section to the voters at a regularly scheduled countywide election. The governing body of the county shall give notice of the election by publication in a newspaper of general circulation in the county for two consecutive weeks, the last insert of which shall be within ten days of the election. The ballot of submission shall include, but not be limited to the following language:

Shall the county of . . . . . . (County's name) enforce section 571.094, RSMo, the concealed carry law?

YES NO

If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are in favor of the proposal, this section shall become effective in that county. If a majority of the votes cast on the proposal by the qualified voters voting thereon in the county are opposed to such proposal, this section shall not become effective in that county."; and

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

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. 1729, 1589 & 1435, Page 41, Section 571.094, Line 21, by inserting after all of said line the following:

"37. The provisions of this section shall not apply to any county with a charter form of government and with more than one million inhabitants, or to any city not within a county, or to any home rule city with more than four hundred thousand inhabitants and located in more than one county or to any county of the first classification without a charter form of government and with more than one hundred thirty-five thousand four hundred but less than one hundred thirty-five thousand five hundred inhabitants, or to any county of the first classification without a charter form of government and with more than eighty-five thousand nine hundred but less than eighty-six thousand inhabitants, or to any county of the first classification without a charter form of government and with more than one hundred eighty-four thousand but less than one hundred eighty-eight thousand inhabitants, or to any county of the first classification without a charter form of government and with more than seventy-one thousand three hundred but less than seventy-one thousand four hundred inhabitants, or to any county of the third classification with a township form of government and with more than six thousand eight hundred but less than six thousand nine hundred inhabitants, or to any county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, or to any county of the third classification with a township form of government and with more than twenty-one thousand eight hundred fifty but less than twenty-one thousand nine hundred fifty inhabitants, or to any county of the first classification with more than seventy-three thousand seven hundred but less than seventy-three thousand eight hundred inhabitants, or to any county with a charter form of government and with more than two hundred fifty thousand but less than three hundred fifty thousand inhabitants, unless the governing body of such county or such city submits to the voters of such county or such city, at a regularly scheduled countywide or citywide election, a proposal to implement the provisions of this section, or in which a petition, signed by a number of qualified voters residing in such county or such city equal to eight percent of the votes cast in such county or such city in the next preceding gubernatorial election, is filed with the governing body of such county or such city requesting the submission of a proposal to implement the provisions of this section to the voters at a regularly scheduled countywide or citywide election. The governing body of such county or such city shall give notice of the election by publication in a newspaper of general circulation in such county or such city for two consecutive weeks, the last insert of which shall be within ten days of the election. The ballot of submission shall include, but not be limited to the following language:

Shall the (county of .......) (city of .......) (county's name) (city's name) enforce section 571.094, RSMo, the concealed carry endorsement law?

YES NO

If a majority of the votes cast on the proposal by the qualified voters voting thereon in such county or such city are in favor of the proposal, this section shall become effective in that county or that city. If a majority of the votes cast on the proposal by the qualified voters voting thereon in such county or such city are opposed to such proposal, this section shall not become effective in that county or that city."; and

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

HCS HBs 1729, 1589 & 1435, with House Substitute Amendment No. 1 for House Amendment No. 8, House Amendment No. 8 and HS, as amended, pending, was laid over.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

The following House Concurrent Resolution was referred to the Committee indicated:

HCR 40 - Education-Elementary and Secondary

REFERRAL OF HOUSE BILLS

The following House Bills were referred to the Committee indicated:

HCS HB 1143 - Fiscal Review and Government Reform (Fiscal Note)

HS HCS HB 1962 - Fiscal Review and Government Reform (Fiscal Note)

HB 1121 - Budget

REFERRAL OF SENATE CONCURRENT RESOLUTION

The following Senate Concurrent Resolution was referred to the Committee indicated:

SCR 58 - Insurance

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

SCS SBs 1061 & 1062 - Critical Issues, Consumer Protection and Housing

COMMITTEE REPORTS

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

Mr. Speaker: Your Committee on Miscellaneous Bills & Resolutions, to which was referred HB 1777, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Utilities Regulation, Chairman Mays (50) reporting:

Mr. Speaker: Your Committee on Utilities Regulation, to which was referred HB 1500, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Mr. Speaker: Your Committee on Utilities Regulation, to which was referred HB 1914, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

Committee on Ways and Means, Chairman Hilgemann reporting:

Mr. Speaker: Your Committee on Ways and Means, to which was referred HB 1576, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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 adopted the Conference Committee Report on SCS HCS HB 1115, and has taken up and passed CCS SCS HCS HB 1115.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS SBs 670 & 684, entitled:

An act to repeal sections 168.021, 191.900, 191.910, 198.012, 198.029, 198.032, 198.067, 198.070, 198.082, 198.090, 198.526, 198.532, 344.050, 565.186, 565.188, 565.190, 630.140, 630.167, 660.050, 660.058, 660.305, 660.315, 660.317 and 660.320, RSMo, relating to protection of the elderly, and to enact in lieu thereof thirty-five new sections relating to the same subject, 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 SS SCS SBs 837, 866, 972 & 990, entitled:

An act to repeal sections 142.028, 348.430, 348.432 and 414.032, RSMo, relating to agriculturally-based fuels, and to enact in lieu thereof five 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 SCS SBs 894, 975 & 927, entitled:

An act to amend chapter 144, RSMo, by adding thereto one new section relating to a temporary exemption from state and local sales and use tax on retail sales of clothing, school supplies and personal computers before the start of the school year, with an emergency clause and a termination date.

Emergency clause defeated.

In which the concurrence of the House is respectfully requested.

LETTER OF OBJECTION

April 18, 2002

Mr. Ted Wedel

Chief Clerk

Missouri House of Representatives

Room 306, Capitol Building

Jefferson City, MO 65101

Dear Mr. Wedel,

I am respectfully submitting a correction to the House Journal for the 54^th day, Wednesday, April 17, 2002.

On page 1148 under MOTION, the sentence should read "The motion to reconsider the vote by which HB 1869 was third read and defeated was made by Casper the Unfriendly Ghost and taken up."

On page 1162 under MOTION, the sentence should read "The motion to reconsider the vote by which HB 1869 was third read and defeated was made by Casper the Unfriendly Ghost and again taken up."

Respectfully submitted,

/s/ Thomas A. Villa

The following member's presence was noted: Reinhart.

ADJOURNMENT

On motion of Representative Crump, the House adjourned until 3:00 p.m., Monday, April 22, 2002.

CORRECTIONS TO THE HOUSE JOURNAL

Correct House Journal, Fifty-fourth Day, Wednesday, April 17, 2002, pages 1140 and 1141, roll call, by showing Representatives Graham and Hunter voting "aye" rather than "absent with leave".

Pages 1141 and 1142, roll call, by showing Representatives Boucher, Hunter and Kelly (144) voting "aye" rather than "absent with leave".

Page 1146, roll call, by showing Representatives Berkstresser and Green (15) voting "aye" rather than "absent with leave".

Page 1147, roll call, by showing Representatives Bartelsmeyer, Berkstresser, Green (15), Hampton and Jolly voting "aye" rather than "absent with leave".

Pages 1152 and 1153, roll call, by showing Representatives Barry and Wagner voting "aye" rather than "absent with leave".

Pages 1156 and 1157, roll call, by showing Representative Johnson (61) voting "aye" rather than "present".

Pages 1156 and 1157, roll call, by showing Representatives Wagner and Ward voting "aye" rather than "absent with leave".

Page 1158, roll call, by showing Representatives Wagner and Ward voting "no" rather than "absent with leave".

Page 1159, roll call, by showing Representative Wagner voting "no" rather than "absent with leave".

Pages 1160 and 1161, roll call, by showing Representatives Barnett, Campbell, Hosmer, Ross and Ward voting "aye" rather than "absent with leave".

Page 1162, roll call, by showing Representative Ross voting "aye" rather than "absent with leave".

Page 1163, roll call, by showing Representative Ross voting "aye" rather than "absent with leave".

COMMITTEE MEETINGS

BUDGET

Monday, April 22, 2002, 12:00 p.m. Hearing Room 3.

Public Hearing to be held on: HB 1120, HB 1121

CIVIL AND ADMINISTRATIVE LAW

Tuesday, April 23, 2002, 9:30 a.m. Side gallery.

Executive Session to be held on: SB 969

CRITICAL ISSUES, CONSUMER PROTECTION AND HOUSING

Monday, April 22, 2002, 8:00 p.m. Hearing Room 3.

Public Hearing to be held on: SB 1061

ELECTIONS

Monday, April 22, 2002. Side gallery upon evening adjournment.

Executive Session.

Public Hearing to be held on: SB 675

FISCAL REVIEW AND GOVERNMENT REFORM

Tuesday, April 23, 2002. Hearing Room 3 upon morning recess.

Fiscal Review: HB 1460, HS HCS HB 1962, HCS HB 1143.

Public Hearing to be held on: HB 1404

JOINT COMMITTEE ON CAPITAL IMPROVEMENTS AND LEASES OVERSIGHT

Wednesday, April 24, 2002, 8:30 a.m. Hearing Room 5. U.S.

Custom House & Post Office Bldg. in St. Louis.

Master Plan for development of JCCC prison site.

JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT

Tuesday, April 30, 2002, 1:00 p.m. Hearing Room 3.

Fire Protection District Special Review.

JUDICIARY

Tuesday, April 23, 2002. Hearing Room 5 upon morning recess.

Public Hearing to be held on: HJR 58, SB 840

TRANSPORTATION

Monday, April 22, 2002, 12:00 p.m. Hearing Room 6. AMENDED.

Executive Session.

WAYS AND MEANS

Tuesday, April 23, 2002, 8:30 a.m. Hearing Room 4.

Public Hearing to be held on: SB 836

HOUSE CALENDAR

FIFTY-SIXTH DAY, MONDAY, APRIL 22, 2002

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 47 - Willoughby

HOUSE BILLS FOR PERFECTION

1 HCS HB 1729, 1589 & 1435, HSA 1 for HA 8, HA 8 and HS, as amended, pending - Barnitz

2 HCS HB 1577, 1760, 1433, 1430, 1029 & 1700 - Campbell

3 HB 1090 - Reynolds

4 HB 1508 - Koller

5 HB 1350 - Liese

6 HCS HB 1656 - Wright

7 HCS HB 1216 - Johnson (61)

8 HB 1627 - Kreider

9 HCS HB 1886 - Rizzo

10 HB 1307 - Williams

11 HB 1988 - Kelly (144)

12 HCS HB 1868 - Barry

13 HB 2160 - Britt

14 HCS HB 1650 - Hoppe

15 HB 1916 - Franklin

16 HCS HB 1231 - Harding

17 HB 2097 - Copenhaver

18 HCS HB 1318 - George

19 HCS HB 1777 - Johnson (61)

20 HCS HB 1576 - Hilgemann

21 HCS HB 1914 - Mays (50)

HOUSE BILLS FOR PERFECTION - INFORMAL

1 HB 1594, as amended - Gratz

2 HCS HB 1069 - Bray

3 HCS HB 1479 - Ladd Baker

HOUSE CONCURRENT RESOLUTION FOR ADOPTION AND THIRD READING

HCR 4, (4-18-02) - Boucher

HOUSE JOINT RESOLUTIONS FOR THIRD READING

1 HJR 32 - Barry

2 HJR 28 - Villa

3 HCS HJR 51 - Whorton

HOUSE BILLS FOR THIRD READING

1 HCS HB 1472, (Fiscal Review 2-25-02) - Whorton

2 HB 1460, (Fiscal Review 4-17-02) - Hilgemann

3 HS HCS HB 1962, (Fiscal Review 4-18-02) - Monaco

4 HCS HB 1143, (Fiscal Review 4-18-02) - Rizzo

5 HCS HB 1809 - Sanders Brooks

6 HB 1726 - Walton

7 HCS HB 1717 - Foley

HOUSE BILL FOR THIRD READING - REVISION

HB 2078 - Clayton

HOUSE BILLS FOR THIRD READING - CONSENT - INFORMAL

1 HB 1872 - Hosmer

2 HB 2155 - Willoughby

SENATE BILLS FOR SECOND READING

1 SS SCS SB 670 & 684

2 SS SCS SB 837, 866, 972 & 990

3 SCS SB 894, 975 & 927

SENATE BILLS FOR THIRD READING - CONSENT

(April 15, 2002)

SCS SB 988 - Hartzler

(April 16, 2002)

1 HCS SCS SB 645 - Relford

2 HCS SB 992 - Rizzo

3 SB 1124 - Gambaro

4 SCS SB 804 - Sanders Brooks

5 SB 639 - Williams

6 HCS SCS SB 776 - Harlan

7 HCS SCS SB 1113 - Farnen

8 SCS SB 997 - Willoughby

9 HCS SB 1012 - Lawson

10 HCS SB 795 - Treadway

11 HCS SCS SB 1086 & 1126 - Hoppe

12 HCS SB 786 - Campbell

13 SCS SB 1132 - Daus

14 HCS SB 1244 - Barry

15 HCS SB 961 - Curls

16 SB 708 - Lawson

17 SB 701 - Lowe

18 SB 742 - Monaco

19 HCS SB 749 - Monaco

20 HCS SB 1213 - Hosmer

21 HCS SCS SB 1210 - Lawson

22 SB 1247 - Willoughby

23 SB 1001 - Crump

24 HCS SB 1078 - Hoppe

25 SB 941 - Mays (50)

26 HCS SB 695 - Barry

27 HCS SB 962 - Jolly

28 HCS SB 1119 - Kelly (27)

29 SB 1217 - Boykins

30 SCS SB 967 - Hagan-Harrell

31 SB 1243 - Kelly (27)

32 HCS SCS SB 1212 - Ransdall

33 SB 1041, HCAs 1, 2 & 3 - Gratz

34 SB 1168, HCA 1 - Gratz

35 SB 974 - Koller

36 HCS SB 1251 - Monaco

37 SCS SB 1163 - Ransdall

38 SB 720 - Hoppe

39 HCS SB 714 - Barry

40 SCS SB 729 - Luetkenhaus

41 SB 891 - Rizzo

42 HCS SB 932 - Smith

43 SCS SB 1015 - Relford

44 SCS SB 1071 - Lawson

45 HCS SB 1094 - Green (73)

46 SB 1048 - Reinhart

47 SB 1028 - Luetkemeyer

48 SB 812 - Holand

49 SB 726 - Gaskill

50 SB 865 - Myers

51 SCS SB 918 - Linton

52 HCS SB 1102 - Hosmer

53 SB 1109 - Portwood

54 HCS SCS SB 947 - Farnen

55 SCS SB 1207 - Holand

56 SCS SB 1151 - Myers

57 HCS SCS SB 980 - Hunter

58 SCS SB 874 - Franklin

59 HCS SB 1186 - Hoppe

60 SCS SB 1182 - Barry

61 HCS SCS SB 1202, E.C. - Koller

62 HCS SB 758 - Hosmer

63 SCS SB 1024 - Holand

64 SB 976 - Portwood

65 SS SCS SB 959, E.C. - Rizzo

66 SB 644 - Davis

67 SCS SB 1241, 1253 & 1189 - Boykins

68 SCS SB 966 - Gambaro

69 SB 798 - Ross

70 SCS SB 745 - Kelly (144)

71 HCS SB 950 - Griesheimer

72 SB 1199, HCA 1 - Bearden

73 HCS SCS SB 960 - O'Connor

74 HCS SCS SB 1093 - Hilgemann

75 SB 831 - Gambaro

76 HCS SCS SB 957 - Reid

77 SCS SB 656 - Luetkenhaus

78 HCS SCS SB 737 - Berkowitz

SENATE BILL FOR THIRD READING

SB 1220 - O'Toole

HOUSE RESOLUTIONS

1 HR 341, (3-7-02, Page 518) - Ladd Baker

2 HR 281, (4-9-02, Pages 1021 & 1022) - Hampton

Missouri House of Representatives