Journal of the House

Second Regular Session, 91st General Assembly

SEVENTY-SECOND DAY, Wednesday, May 15, 2002

Speaker Kreider in the Chair.

Prayer by Reverend Rudy Beard.

Gracious God, as we bow our heads in prayer, help us to open our hearts to Your Spirit. In Your Holy presence, we are mindful of duties unperformed, promptings disobeyed, and Your truth ignored. Opportunities to make a difference are before us. Possibilities for doing good are present.

Bless these men and women of the House, as they confer, discuss, deal with pressures, and make decisions this day for the people of Missouri. Protect them from selfishness and narrow vision, prepare them for the day with the gift of Your peace.

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: Jody Gerth, Danton Clark, Heather Feth, Maxwell Ryan, Jenna Bezzole, Gregory Weidhas, Michael Figus, Sonya Liu, Kaela Nichols, Zach Cayer, Emma Hawksley, Benjamin Knarr, Christina Sherwood, Aaron Arnold, Paige Kamp, Lauren Riley Smith and Zachary Schwab.

The Journal of the seventy-first day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2019

through

House Resolution No. 2021 - Representative Relford

House Resolution No. 2022 - Representative Smith

House Resolution No. 2023 - Representative Seigfreid

House Resolution No. 2024 - Representative Barry

House Resolution No. 2025 - Representative Naeger

House Resolution No. 2026 - Representative Moore

House Resolution No. 2027 - Representative May (149)

House Resolution No. 2028 - Representatives Hampton and Koller

COMMITTEE REPORTS

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

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SS SCS SBs 670 & 684 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SB 856 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SS SCS SBs 923, 828, 876, 694 & 736 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

Mr. Speaker: Your Committee on Fiscal Review and Government Reform, to which was referred HCS SB 1186 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

BILLS CARRYING REQUEST MESSAGES

HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, relating to sex crimes and crime prevention, was taken up by Representative Smith.

Representative Smith moved that the House refuse to recede from its position on HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, and grant the Senate a conference.

Representative Gratz made a substitute motion that the House refuse to recede from its position on HS#2 HCS SS SCS SBs 969, 673 & 855, as amended, grant the Senate a conference, and the conferees be bound to the House position on House Amendment No. 2.

Which motion was adopted by the following vote:

HS HCS SCS SBs 1061 & 1062, as amended, relating to health insurance, was taken up by Representative Harlan.

Representative Harlan moved that the House refuse to recede from its position on HS HCS SCS SBs 1061 & 1062, as amended, and grant the Senate a conference.

Which motion was adopted.

HS SCS SB 1026, as amended, relating to health insurance, was taken up by Representative Barry.

Representative Barry moved that the House refuse to recede from its position on HS SCS SB 1026, as amended, and grant the Senate a conference.

Which motion was adopted.

HOUSE BILLS WITH SENATE AMENDMENTS

SCS HB 1773, relating to compensation for St. Louis Police, was taken up by Representative Shelton.

On motion of Representative Shelton, SCS HB 1773 was adopted by the following vote:

On motion of Representative Shelton, SCS HB 1773 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

The emergency clause was adopted by the following vote:

SS SCS HCS HJR 47, relating to joint municipal utility commissions, was taken up by Representative Willoughby.

On motion of Representative Willoughby, SS SCS HCS HJR 47 was adopted by the following vote:

On motion of Representative Willoughby, SS SCS HCS HJR 47 was truly agreed to and finally passed by the following vote:

Speaker Kreider declared the bill passed.

Representative Clayton assumed the Chair.

SS SCS HB 1270 & HB 2032, as amended, relating to special permits for oversized vehicles, was taken up by Representative Gratz.

Representative Gratz moved that the House refuse to adopt SS SCS HB 1270 & HB 2032, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SS HB 1748, as amended, relating to drinking water fees, was taken up by Representative Ransdall.

Representative Ransdall moved that the House refuse to adopt SS HB 1748, as amended, and request the Senate to recede from its position or, failing to do so, grant the House a conference.

Which motion was adopted.

SS SCS HCS HB 1403, as amended, relating to retainage in building contracts, was taken up by Representative St. Onge.

On motion of Representative St. Onge, SS SCS HCS HB 1403, as amended, was adopted by the following vote:

On motion of Representative St. Onge, SS SCS HCS HB 1403, as amended, was truly agreed to and finally passed by the following vote:

Representative Clayton declared the bill passed.

APPOINTMENT OF CONFERENCE COMMITTEES

The Speaker appointed the following Conference Committees to act with like Committees from the Senate on the following bills:

HS HCS SCS SBs 1061 & 1062: Representatives Harlan, Riback Wilson (25), Smith, Luetkemeyer

and Portwood

HS SCS SB 1026: Representatives Barry, Selby, Treadway, King and May (149)

MOTION

Representative Foley moved that the House grant leave to the members of the House Conference Committee on HS HCS SS SB 1248, as amended, pursuant to Rule 26.

Which motion was adopted by the following vote:

BILL IN CONFERENCE

CCR HCS SB 758, relating to sex offender registration, was taken up by Representative Hosmer.

On motion of Representative Hosmer, CCR HCS SB 758 was adopted by the following vote:

On motion of Representative Hosmer, CCS HCS SB 758 was truly agreed to and finally passed by the following vote:

Representative Clayton declared the bill passed.

THIRD READING OF SENATE JOINT RESOLUTION

HCS SJR 24, relating to term limits, was taken up by Representative Farnen.

Representative Walton offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for Senate Joint Resolution No. 24, Page 1, Section 8, Line 1, by inserting "consecutive" after "eight"; and

Further amend said House Joint Resolution, Section 8, Page 1, Line 2, by inserting "consecutive" after "sixteen".

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

Which motion was defeated.

On motion of Representative Farnen, HCS SJR 24 was adopted.

On motion of Representative Farnen, HCS SJR 24 was read the third time and passed by the following vote:

Representative Clayton declared the bill passed.

Representative Hohulin requested a verification of the roll call on the motion to third read and pass HCS SJR 24.

Speaker Pro Tem Abel assumed the Chair.

THIRD READING OF SENATE BILL

HCS SS SCS SB 675, relating to elections, was taken up by Representative Seigfreid.

Representative Seigfreid offered HS HCS SS SCS SB 675.

Representative Seigfreid offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.074, Page 9, Lines 21-24, by deleting all of said lines and inserting in lieu thereof the following:

"upgrade or improve the voting process or equipment. Such funding shall be in the form of matching grants. The secretary of state when awarding grants shall give priority to jurisdictions which have the highest number of residents according to the most recent federal census, with an income below the federal poverty level as established by the federal department of health and human services or its successor agency. The secretary of state may promulgate rules to"; and

Further amend said substitute, Section 115.076, Page 11, Lines 12-14, by deleting all of said lines and inserting in lieu thereof the following:

"Such funding shall be in the form of matching grants. The secretary of state when awarding grants shall give priority to jurisdictions which have the highest number of residents according to the most recent federal census, with an income below the federal poverty level as established by the federal department of health and human services or its successor agency. The secretary of state may promulgate rules to"; and

Further amend said substitute, Section 115.098, Page 18, Lines 2-4, by deleting all of said lines and inserting in lieu thereof the following:

"dollars per hour. Such funding shall be in the form of matching grants. The secretary of state when awarding grants shall give priority to jurisdictions which have the highest number of residents according to the most recent federal census, with an income below the federal poverty level as established by the federal department of health and human services or its successor agency. The secretary of state may".

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

Representative Davis offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 31, Section 115.157, Line 7, by inserting after the word "a" the following: "state or federal".

Representative Relford offered House Substitute Amendment No. 1 for House Amendment No. 2.

House Substitute Amendment No. 1

for

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 31, Section 115.157, Line 7, by inserting after the word "a" the following: "local, state or federal".

On motion of Representative Relford, House Substitute Amendment No. 1 for House Amendment No. 2 was adopted.

Representative Skaggs offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.126, Page 22, Line 16, by deleting "August 31" and inserting in lieu thereof "December 31".

On motion of Representative Skaggs, 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 Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.420, Page 71, Line 22, by inserting a period (.) at the end of said line; and

Further amend said section, Page 71, by deleting Lines 23-24; and

Further amend said section, Page 72, by deleting Line 1 and Lines 6-12.

Representative Scheve moved that House Amendment No. 4 be adopted.

Which motion was defeated by the following vote:

Representative Williams offered House Amendment No. 5.

House Amendment No. 5 was withdrawn.

Representative Walton offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 86, Section 115.493, Line 2, by inserting after all of said line the following:

"115.607. 1. No person shall be elected or shall serve as a member of a county committee who is not, for one year next before [his] the person's election, both a registered voter of and a resident of the county and the committee district from which [he] the person is elected if such district shall have been so long established, and if not, then of the district or districts from which the same shall have been taken. Except as provided in subsections 2, 3, 4, 5, and 6 of this section, the membership of a county committee of each established political party shall consist of a man and a woman elected from each township or ward in the county.

2. In each county of the first [class] classification containing the major portion of a city which has over three hundred thousand inhabitants, two members of the committee, a man and a woman, shall be elected from each ward in the city. Any township entirely contained in the city shall have no additional representation on the county committee. The election authority for the county shall, not later than six months after the decennial census has been reported to the President of the United States, divide the most populous township outside the city into eight subdistricts of contiguous and compact territory and as nearly equal in population as practicable. The subdistricts shall be numbered from one upward consecutively, which numbers shall, insofar as practicable, be retained upon reapportionment. Two members of the county committee, a man and a woman, shall be elected from each such subdistrict. Four members of the committee, two men and two women, shall be elected from each other township outside the city.

3. In any city which has over three hundred thousand inhabitants, the major portion of which is located in a county [of the first class] with a charter form of government, for the portion of the city located within such county and notwithstanding [the provisions of] section 82.110, RSMo, it shall be the duty of the election authority, not later than six months after the decennial census has been reported to the President of the United States, to divide such cities into not less than twenty-four nor more than twenty-five wards after each decennial census. Wards shall be so divided that the number of inhabitants in any ward shall not exceed any other ward of the city and within the same county, by more than five percent, measured by the number of the inhabitants determined at the preceding decennial census. [Changes of ward or precinct lines shall not affect the terms of office of incumbent party committeemen or committeewomen elected from districts as constituted at the time of their election.]

4. In each county of the first [class] classification containing a portion, but not the major portion, of a city which has over three hundred thousand inhabitants, ten members of the committee, five men and five women, shall be elected from the district of each state representative wholly contained in the county in the following manner: Within six months after each legislative reapportionment, the election authority shall divide each legislative district wholly contained in the county into five committee districts of contiguous territory as compact and as nearly equal in population as may be; two members of the committee, a man and a woman, shall be elected from each committee district. The election authority shall divide the area of the county located within legislative districts not wholly contained in the county into similar committee districts; two members of the committee, a man and a woman, shall be elected from each committee district.

5. In each city not situated in a county, two members of the committee, a man and a woman, shall be elected from each ward.

6. In all [first class] counties with a charter form of government and a population of over nine hundred thousand inhabitants, the county committee persons shall be elected from each township. Within ninety days after August 28, 2002, and within six months after each decennial census has been reported to the President of the United States, the election authority shall divide the county into twenty-eight compact and contiguous townships containing populations as nearly equal in population to each other as is practical.

7. If any election authority has failed to adopt a reapportionment plan by the deadline set forth in this section, the county commission, sitting as a reapportionment commission, shall within sixty days after the deadline, adopt a reapportionment plan. Changes of township, ward, or precinct lines shall not affect the terms of office of incumbent party committee members elected from districts as constituted at the time of their election."; and

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

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

Representative Wilson (42) offered House Amendment No. 6.

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.427, Page 73, Line 1, by deleting "or" and inserting the following after all of said line:

"(5) A copy of a current utility bill, bank statement, government check, paycheck or other government document that contains the name and address of the voter; or"; and

Further amend said section, Page 73, Line 2, by deleting "(5)" and inserting in lieu thereof "(6)".

Representative Seigfreid offered House Substitute Amendment No. 1 for House Amendment No. 6.

House Substitute Amendment No. 1

for

House Amendment No. 6

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.427, Page 73, Line 3, by inserting "other identification approved by federal law" immediately after "section".

On motion of Representative Seigfreid, House Substitute Amendment No. 1 for House Amendment No. 6 was adopted.

Representative Bowman offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 9, Section 115.074, Line 18, by inserting after the number "115.074." the following:

"1. There is hereby created the "Election Activities Federal Grant Administration Board" to administer the grant programs created in subsection 2 of this section and in sections 115.076, 115.098, 115.801, and 115.803. The board shall consist of the secretary of state, the lieutenant governor, two members of the senate, one from each major political party, selected by the president pro tem of the senate, two members of the house of representatives, one from each major political party, selected by the speaker of the house of representatives, and two members of any local election authority, neither of which shall be members of the same local election authority or members of local election authorities within the same county."; and renumber remaining subsections accordingly; and

Further amend said bill, Page 9, Section 115.074, Line 19, by deleting the words "secretary of state" and inserting in lieu thereof the following: "board"; and

Further amend said bill, Page 9, Section 115.074, Line 22, by deleting the words "secretary of state" and inserting in lieu thereof the following: "board"; and

Further amend said bill, Page 9, Section 115.074, Line 24, by deleting the words "secretary of state" and inserting in lieu thereof the following: "board"; and

Further amend said bill, Page 10, Section 115.076, Line 14, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 11, Section 115.076, Line 12, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 11, Section 115.076, Line 14, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 17, Section 115.098, Line 21, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 18, Section 115.098, Line 2, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 18, Section 115.098, Lines 3 to 5, by deleting all of said lines and inserting in lieu thereof the following: "fund according to the provisions established for the grants by federal law and regulation, and may promulgate rules to effectuate this section."; and

Further amend said bill, Page 87, Section 115.801, Line 15, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 87, Section 115.801, Line 17, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 87, Section 115.803, Line 19, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

Further amend said bill, Page 87, Section 115.803, Line 23, by deleting the words "secretary of state" and inserting in lieu thereof the following: "election activities federal grant administration board"; and

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

Representative Seigfreid 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 Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.159, Page 33, Line 8, by deleting "115.247" and inserting in lieu thereof "115.427"; and

Further amend said substitute, Section 115.126, Page 22, Lines 16-19, by deleting the following:

"Not later than August first of each year thereafter, each election authority shall submit to the secretary of state a plan and funding request to implement the provisions of this section.".

On motion of Representative Seigfreid, House Substitute Amendment No. 1 for House Amendment No. 7 was adopted.

Representative Long offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Section 115.429, Page 77, Lines 2 and 6, by inserting the following after "115.223":

"The election authority or the circuit court shall not allow a person to vote unless the person provides sufficient evidence that he or she has complied with the voter registration requirements in this chapter.".

Representative Scheve offered House Substitute Amendment No. 1 for House Amendment No. 8.

Representative Long raised a point of order that House Substitute Amendment No. 1 for House Amendment No. 8 is not a true substitute amendment.

The Chair ruled the point of order well taken.

Representative Long moved that House Amendment No. 8 be adopted.

Which motion was defeated by the following vote:

HCS SS SCS SB 675, with HS, as amended, pending, was laid over.

REFERRAL OF SENATE BILL

The following Senate Bill was referred to the Committee indicated:

HCS SCS SB 916 - Fiscal Review and Government Reform (Fiscal Note)

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 HCR 24.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HS HCS HB 1962, as amended, and grants the House a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS SCS HS HCS HB 1962, as amended: Senators Klarich, Gibbons, Loudon, Mathewson and Caskey.

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 HS HCS SB 895, as amended, and has taken up and passed CCS HS HCS SB 895.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS SCS SBs 915, 710 & 907, as amended: Senators Westfall, Russell, Klindt, Staples and Goode.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS#2 HCS SS SCS SBs 969, 673 & 855, as amended: Senators Westfall, Bentley, Klindt, Caskey and Coleman.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on HS SCS SB 1026, as amended: Senators Kenney, Sims, Rohrbach, Dougherty and Stoll.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SS SCS HCS HB 1898, entitled:

An act to amend chapter 338, RSMo, by adding thereto eleven new sections relating to a tax on licensed retail pharmacies in this state, with an emergency clause and an expiration date.

Emergency clause adopted.

In which the concurrence of the House is respectfully requested.

On motion of Representative Crump, the House recessed until 1:00 p.m.

AFTERNOON SESSION

The hour of recess having expired, the House was called to order by Speaker Pro Tem Abel.

The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Caitlin Dulle, Kelsey Reimler, Parker Joseph Breeden and Skylar Kathleen Gaw.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 2029 - Representatives Copenhaver and Seigfreid

House Resolution No. 2030 - Representative Kelly (36)

House Resolution No. 2031 - Representative Riback Wilson (25)

House Resolution No. 2032

and

House Resolution No. 2033 - Representative Reid

House Resolution No. 2034 - Representative Davis

House Resolution No. 2035 - Representatives Liese and Vogel

House Resolution No. 2036 - Representative McKenna

House Resolution No. 2037 - Representative Gambaro

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 HCS SCS SBs 894, 975 & 927 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS SCS HBs 1270 & HB 2032, as amended, and grants the House a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS HB 1748, as amended, and grants the House a conference thereon.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate request the House not bind its conferees to HA 2 to HS#2 HCS SS SCS SBs 969, 673 & 855, as amended.

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 HCS SCS SBs 1086 & 1126, and has taken up and passed CCS HCS SCS SBs 1086 & 1126.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS HB 1508, entitled:

An act to repeal sections 226.540, 226.550, 226.573, 226.580 and 226.585, RSMo, and to enact in lieu thereof five new sections relating to highway beautification.

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 President Pro Tem has appointed the following Conference Committee to act with a like committee from the House on SS HB 1748, as amended: Senators Steelman, Klindt, Cauthorn, Johnson and Caskey.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SCS SB 680, as amended, and requests that the House recede from its position and 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 has taken up and adopted HCS SB 718 and has taken up and passed HCS SB 718.

Mr. Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS SS#2 SCS SBs 984 & 985, and requests that the House recede from its position and 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 has taken up and adopted HCS SJR 24 and has taken up and passed HCS SJR 24.

SUPPLEMENTAL CALENDAR

May 15, 2002

SENATE BILL FOR THIRD READING

HCS SS#2 SCS SB 1279, 1162 & 1164 - Foley

THIRD READING OF SENATE BILL

HCS SS SCS SB 675, with HS, as amended, pending, relating to elections, was again taken up by Representative Seigfreid.

Representative Scheve offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, by inserting in the appropriate location the following:

"115.133. 1. Except as provided in subsection 2 of this section, any citizen of the United States who is a resident of the state of Missouri and seventeen years and six months of age or older shall be entitled to register and to vote in any election which is held on or after his eighteenth birthday.

2. No person who is adjudged incapacitated shall be entitled to register or vote. No person shall be entitled to vote:

(1) While confined under a sentence of imprisonment;

(2) While on probation or parole after conviction of a felony, until finally discharged from such probation or parole; or

(3) After conviction of a felony or misdemeanor connected with the right of suffrage.

3. Except as provided in federal law or federal elections and in section 115.277, no person shall be entitled to vote if the person has not registered to vote in the jurisdiction of his or her residence prior to the deadline to register to vote, unless the voter is an intrastate new resident or an interstate new resident, as defined in section 115.275.

115.135. 1. Any person who is qualified to vote, or who shall become qualified to vote on or before the day of election, shall be entitled to register in the jurisdiction within which he or she resides. In order to vote in any election for which registration is required, a person must be registered to vote in the jurisdiction of his or her residence no later than 5:00 p.m., or the normal closing time of any public building where the registration is being held if such time is later than 5:00 p.m., on the fourth Wednesday prior to the election, unless the voter is an intrastate new resident or an interstate new resident, as defined in section 115.275. In no case shall registration for an election extend beyond 10:00 p.m. on the fourth Wednesday prior to the election. Any person registering after such date shall be eligible to vote in subsequent elections.

2. A person applying to register with an election authority or a deputy registration official shall present a valid Missouri drivers license or other form of personal identification at the time of registration.

3. Except as provided in federal law or federal elections and in section 115.277, no person shall be entitled to vote if the person has not registered to vote in the jurisdiction of his or her residence prior to the deadline to register to vote, unless the voter is an intrastate new resident or an interstate new resident, as defined in section 115.275."; and

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

On motion of Representative Scheve, House Amendment No. 9 was adopted.

Representative Riback Wilson (25) offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 65, Section 115.283, Line 6, by inserting after all of said line the following:

"115.284. 1. There is hereby established an absentee voting process to assist persons with permanent disabilities in the exercise of their voting rights.

2. The local election authority shall send an application to participate in the absentee voting process set out in this section to any registered voter residing within the election authority's jurisdiction upon request.

3. Upon receipt of a properly completed application, the election authority shall enter the voter's name on a list of voters qualified to participate as absentee voters pursuant to this section.

4. The application to participate in the absentee voting process shall be in substantially the following form:

State of .......................................... County (City) of ............................. I,..................................... (print applicant's name), declare that I am a resident and registered voter of ................. County, Missouri, and am permanently disabled. I hereby request that my name be placed on the election authority's list of voters qualified to participate as absentee voters pursuant to section 115.284, and that I be delivered an absentee ballot application for each election in which I am eligible to vote.

...................................................

Signature of Voter

...................................................

...................................................

Voter's Address

5. Not earlier than six weeks before an election but prior to the fourth Tuesday prior to an election, [The] the election authority shall deliver to each voter qualified to participate as absentee voters pursuant to this section an absentee ballot application [for each election in which] if the voter is eligible to vote in that election. If the voter returns the absentee request application to the election authority not later than 5:00 p.m. on the Wednesday before an election and has retained the necessary qualifications to vote, the election authority shall provide the voter with an absentee ballot pursuant to this chapter.

6. The election authority shall remove from the list of voters qualified to participate as absentee voters pursuant to this section any voter who:

(1) Asks to be removed from the list;

(2) Dies;

(3) Becomes disqualified from voting pursuant to the provisions of chapter 115; or

(4) No longer resides at the address of his or her voter registration."; and

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

On motion of Representative Riback Wilson (25), House Amendment No. 10 was adopted.

Representative Seigfreid offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 72, Section 115.427, Line 23, by inserting the following after all of said line:

"(4) A copy of a current utility bill, bank statement, government check, paycheck or other government document that contains the name and address of the voter:"; and

Further amend said section, Page 73, Line 2, by deleting "(5)" and inserting in lieu thereof "(6)"; and

Further amend said section, Page 72, Line 24, by deleting "(4)" and inserting in lieu thereof "(5)".

Representative Bray offered House Substitute Amendment No. 1 for House Amendment No. 11.

House Substitute Amendment No. 1

for

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 73, Section 115.427, Lines 4 to 9, by deleting all of said lines and inserting in lieu thereof the following:

"Completion of a secretary of state-approved affidavit signed by a voter who is without personal identification at the polling place shall be acceptable voter identification upon a comparison of the voter's signature on the affidavit with the precinct register that satisfies an election judge that the voter signing the affidavit is the voter whose name appears on the precinct register. The secretary"; and

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

Representative Bray moved that House Substitute Amendment No. 1 for House Amendment No. 11 be adopted.

Which motion was defeated by the following vote:

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

Representative Johnson (61) offered House Amendment No. 12.

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

The Chair ruled the point of order well taken.

Representative Sanders Brooks offered House Amendment No. 12.

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

The Chair ruled the point of order well taken.

Representative Clayton offered House Amendment No. 12.

House Amendment No. 12

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675 by inserting the following in the appropriate location:

"115.755. A statewide presidential preference primary shall be held on the first Tuesday after the first Monday in [March] February of each presidential election year."; and

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

On motion of Representative Clayton, House Amendment No. 12 was adopted.

Representative Ransdall offered House Amendment No. 13.

House Amendment No. 13

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 50, Section 115.277, Line 4, by inserting "active duty military" before "federal"; and

Further amend said line by inserting brackets around "federal"; and

Further amend House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, Page 50, Line 5, by inserting opening and closing brackets ([]) around "in any election"; and

Further amend said section, Page 50, Line 6, by deleting all of said line and inserting in lieu thereof the following:

"this state may vote only in the election a presidential and vice presidential electors, United States senator and representative in Congress even if the person it not".

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

Representative Lograsso offered House Amendment No. 14.

House Amendment No. 14

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, by inserting at the appropriate location 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. 14 was adopted.

Representative Paone offered House Amendment No. 15.

House Amendment No. 15

AMEND House Substitute for House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 675, by inserting the following in the appropriate location:

"115.365. 1. The nominating committee authorized to select a candidate for nomination or election to office [under the provisions of] pursuant to section 115.363 shall be one of the following:

(1) To select a candidate for county office, the nominating committee shall be the county committee of the party;

(2) To select a candidate for state representative, the nominating committee shall be the legislative district committee of the party;

(3) To select a candidate for state senator, the nominating committee shall be the senatorial district committee of the party;

(4) To select a candidate for circuit court judge not subject to the provisions of article V, section 25 of the state constitution, the nominating committee shall be the judicial district committee of the party;

(5) To select a candidate for representative in Congress, the nominating committee shall be the congressional district committee of the party;

(6) To select a candidate for statewide office, the nominating committee shall be the state committee of the party.

2. After any decennial redistricting, the nominating committee shall be composed from the new districts, and the new district lines shall be used in the selection of a candidate; provided, however, that members of nominating committees for candidates for special elections to fill vacancies conducted pursuant to section 21.130, RSMo, shall be from the old districts.

115.367. 1. In the event that the boundaries of a district have been altered, or a new district established for a candidate to be selected by a party committee since the last election in which a party candidate ran for such office, the members of the nominating committee shall be the members of the various nominating committees for that office, as provided in section 115.365 who reside within the altered or new district; provided, however, that members of nominating committees for candidates for special elections to fill vacancies conducted pursuant to section 21.130, RSMo, shall be from the old districts. The chairman of the nominating committee shall be the committee chairman of the county which polled the highest vote for the party candidate for governor within the area to be represented at the last gubernatorial election.

2. In the event that a candidate is to be selected by a party committee of a new political party which has not yet elected committeemen and committeewomen in the manner provided by law, the chairman of the nominating committee shall be the provisional chairman of the party for the state, or if the political party is formed for a district or political subdivision less than the state, the chairman of the nominating committee shall be the provisional chairman of the party for such district or political subdivision. The chairman of the nominating committee shall appoint additional members of the nominating committee, not less than four in number.

3. In the event that a candidate is to be selected for nomination or election to an office by a new political party which has elected committeemen and committeewomen in the manner provided for established political parties, the members of the nominating committee shall be the same as provided in section 115.365."; and

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

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

Representative Shields offered House Amendment No. 16.

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

The Chair ruled the point of order well taken.

Representative Portwood offered House Amendment No. 16.

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

The Chair ruled the point of order well taken.

On motion of Representative Seigfreid, HS HCS SS SCS SB 675, as amended, was adopted.

On motion of Representative Seigfreid, HS HCS SS SCS SB 675, as amended, 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: