Journal of the House

First Regular Session, 92nd General Assembly

THIRTY-FIRST DAY, Tuesday, March 4, 2003

         Representative St. Onge in the Chair.

         Prayer by Reverend James Earl Jackson.

           Heavenly Father, Merciful and Gracious, it is written: “Blessed is the nation whose God is the Lord...” even so may You bless us as we seek Your guidance.

           We understand that we resolve no issues by our great intellect, position, or abilities, but because of Your great grace and mercy showered upon us.

           We choose to live each day and govern our activities as wise servants who expect answers. May all barriers be removed and the door opened to new ways and new strategies.

           Now may the grace of our Lord and the love of God be with us all.

           In the name of Your Son we pray. 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: Brendan Mulqueeny, Julianna K. Smith and Lauren Berry.

         The Journal of the thirtieth day was approved as corrected.

RESOLUTIONS

         Representative Bivins offered House Resolution No. 576.

         Representative Bearden offered House Resolution No. 579.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 557 - Representative Angst

         House Resolution No. 558

                        through

House Resolution No. 568 - Representative Hobbs

House Resolution No. 569 - Representative Wilson (130)

House Resolution No. 570 - Representative Bivins

         House Resolution No. 571

                        through

House Resolution No. 575 - Representative Wood

House Resolution No. 577 - Representative Threlkeld

         House Resolution No. 578 - Representative Hanaway

INTRODUCTION OF HOUSE BILLS

         The following House Bills were read the first time and copies ordered printed:

HB 590, introduced by Representative Dempsey, relating to tax increment financing.

HB 591, introduced by Representatives Hobbs, Bruns, Deeken, Schlottach, Riback Wilson (25), Harris (23) and Graham, et al, relating to storm water discharge.

HB 592, introduced by Representatives Boykins, Villa, Carnahan, Walton, Fraser, Johnson (61) and Hubbard, et al, relating to the Missouri tutoring corps program.

HB 593, introduced by Representatives Deeken, Byrd, Crowell, Shoemaker (8), Bruns, Jetton, Sander, Crawford, Wilson (119), Parker, Goodman, Munzlinger and Moore, et al, relating to the state employees' protection act.

HB 594, introduced by Representatives Emery, Stevenson, Hunter, Schlottach and Richard, et al, relating to dissolution of road districts in certain counties.

SECOND READING OF HOUSE BILLS

         HB 586 through HB 589 were read the second time.

SECOND READING OF SENATE BILLS

         SB 357, SB 370, SCS SB 379 and SB 383 were read the second time.

PERFECTION OF HOUSE BILL

         HCS HBs 349, 120, 136 & 328, relating to concealed firearms, was taken up by Representative Crawford.

         Representative Crawford offered HS HCS HBs 349, 120, 136 & 328.

         Representative Crawford offered House Amendment No. 1.

         House Amendment No. 1 was withdrawn.

         Speaker Hanaway assumed the Chair.

         Representative Crawford offered House Amendment No. 2.

         House Amendment No. 2 was withdrawn.

         Representative Byrd offered House Amendment No. 3.

House Amendment No. 3

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Section 571.094, Page 19, Line 2, after the word “order” insert “, warrant, discharge or commitment or upon an order of a court of competent jurisdiction in a criminal proceeding, a commitment proceeding or a full order of protection proceeding ruling that a person holding a certificate of qualification for a concealed carry endorsement presents a risk of harm to themselves or others, then upon notification of such order,”.

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

         Representative Stevenson offered House Amendment No. 4.

         House Amendment No. 4 was withdrawn.

         Representative Crawford offered House Amendment No. 5.

House Amendment No. 5

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 1, Section 50.535, Line 13, by deleting the following: “13, 14, 21, 22, or 23" and by inserting in lieu thereof the following:

           “10, 11 and 14"; and

           Further amend said bill, Page 8, Section 571.094, Line 21 of said page, by deleting the words “A certificate of qualification” and by inserting in lieu thereof the words “A concealed carry endorsement”; and

           Further amend said section, Page 11, Line 14, by inserting after the word “months” the following:

           “or is a member of the armed forces stationed in Missouri or the spouse of such a member of the armed forces”; and

           Further amend said section, Page 13, Line 9 of said page, by deleting the words “subsection 23" and by inserting in lieu thereof the words “subsections 22 or 23"; and

           Further amend said section, Page 14, Line 4 of said page, by deleting the words “subsection 23" and by inserting in lieu thereof the words “subsections 22 or 23"; and

           Further amend said section, Page 16, Line 9, by inserting immediately after the word “sheriff” the words “or his or her designee”; and

           Further amend said section, Page 18, Line 20, by deleting the word “an” and by inserting in lieu thereof the words “a valid full”; and

           Further amend said section, Page 20, Line 16, by inserting immediately after the phrase “in lieu of” the words “the fingerprint requirement of subsection 5 and”; and

           Further amend said section, Page 32, Line 11, by deleting the numeral “25" and inserting in lieu thereof the numeral “23"; and

           Further amend said section, Page 45, Line 1, by inserting at the beginning of said line the following: “39.”.

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

         Representative Smith (118) offered House Amendment No. 6.

         House Amendment No. 6 was withdrawn.

         Representative Seigfreid offered House Amendment No. 7.

House Amendment No. 7

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 45, Section 571.094, Line 11 of said page, by inserting immediately after said line the following:

           “Section B. This act is hereby submitted to the qualified voters of this state for approval or rejection at an election which is hereby ordered and which shall be held and conducted on Tuesday next following the first Monday in April, 2004, pursuant to the applicable laws and constitutional provisions of this state for the submission of referendum measures by the general assembly, and it shall become effective when approved by a majority of the votes cast thereon at such election and not otherwise. The official ballot title shall be:

"Shall state or local law enforcement agencies be authorized to issue permits to law-abiding citizens at least twenty-one years of age to carry concealed firearms outside their home for personal protection after having passed a state and federal criminal background check and having completed a firearms safety training course offered by a local, state or federal governmental agency or the National Rifle Association, or approved by the Missouri Department of Public Safety?"; and

              Further amend said bill, by amending the title and enacting clause accordingly.

            Representative Seigfreid moved that House Amendment No. 7 be adopted.

            Which motion was defeated by the following vote:

         HCS HBs 349, 120, 136 & 328, with HS, as amended, pending, was laid over.

MOTION

         Representative Crowell moved that Rule 113 be suspended to receive the Head Coach for the Kansas City Chiefs, Dick Vermeil, for special recognition.

         Which motion was adopted by the following vote:

                           Mr. Dick Vermeil, Head Coach for the Kansas City Chiefs, addressed the House.

         On motion of Representative Crowell, the House recessed until 2:00 p.m.

AFTERNOON SESSION

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

RESOLUTIONS

         Representative Deeken offered House Resolution No. 580.

         Representative Bearden offered House Resolution No. 690.

HOUSE CONCURRENT RESOLUTION

         Representative Jones offered House Concurrent Resolution No. 24.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 581

through

House Resolution No. 681 - Representative Avery

         House Resolution No. 682 - Representative Bough

House Resolution No. 683 - Representative Moore

House Resolution No. 684 - Representative Baker

         House Resolution No. 685 - Representative Bean

House Resolution No. 686 - Representative Wilson (119)

House Resolution No. 687 - Representative Richard, et al

         House Resolution No. 688 - Representative Crowell

         House Resolution No. 689 - Representative Cooper (120)

INTRODUCTION OF HOUSE BILL

         The following House Bill was read the first time and copies ordered printed:

HB 595, introduced by Representatives Parker, Schneider, Smith (14), Sutherland and Bearden, et al, relating to sales tax for capital improvements imposed in certain counties.

THIRD READING OF HOUSE CONCURRENT RESOLUTION

         HCR 15, relating to Lymphedema D-Day, was taken up by Representative Behnen.

         Representative Riback Wilson (25) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Concurrent Resolution No. 15, Page 1, by inserting immediately after the third "Whereas" clause the following:

           "WHEREAS, in the Western world, breast cancer and its treatments are the leading causes of lymphedema, and more than two million women living with breast cancer in this country are at risk for development of lymphedema throughout their lifetimes; and"; and

           Further amend said resolution, Page 1, by deleting the seventh "Whereas" clause and inserting in lieu thereof the following:

           "WHEREAS, while research in all areas of lymphedema has been notably limited, the University of Missouri Health Care System is currently conducting groundbreaking research at the University of Missouri's Ellis Fischel Cancer Center and Sinclair School of Nursing through a project funded by a $1.6 million grant from the National Institutes of Health and a grant from the University of Iowa Gerontological Research Nursing Intervention center. The research findings will increase understanding of lymphedema risk factors, onset, and intervention, thereby helping to improve quality of life in cancer survivorship; and

            WHEREAS, this research, led by nationally recognized Dr. Jane Armer and conducted by a team of multi-disciplinary researchers, will focus on the psychosocial impacts of lymphedema and the affects of lymphedema on families and addresses the under-diagnosed and under-recognition of this condition by health care providers; and"; and

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

         Representative Cooper (120) assumed the Chair.

         On motion of Representative Riback Wilson (25), House Amendment No. 1 was adopted.

         On motion of Representative Behnen, HCR 15, as amended, was read the third time and passed by the following vote:

         Representative Cooper (120) declared the bill passed.

PERFECTION OF HOUSE BILL

         HCS HBs 349, 120, 136 & 328, with HS, as amended, pending, relating to concealed firearms, was again taken up by Representative Crawford.

         Representative Stevenson offered House Amendment No. 8.

House Amendment No. 8

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 26, Section 571.094, Subsection 20, Lines 2 to 10, by deleting all of said lines and inserting in lieu thereof the following:

           “(4) Any courthouse solely occupied by the circuit, appellate or supreme court, or any courtrooms, administrative offices, libraries or other rooms of any such court whether or not such court solely occupies the building in question. This subdivision shall also include, but not be limited to, any juvenile, family, drug, or other court offices, any room or office wherein any of the courts or offices listed in this subdivision are temporarily conducting any business within the jurisdiction of such courts or offices, and such other locations in such manner as may be specified by supreme court rule pursuant to subdivision (6) of this subsection. Nothing in this subdivision shall preclude those persons listed in subdivision (1) of subsection 2 of section 571.030 while within their jurisdiction and on duty, those persons listed in subdivisions (2) and (4) of subsection 2 of section 571.030, or such other persons who serve in a law enforcement capacity for a court as may be specified by supreme court rule pursuant to subdivision (6) of this subsection, from carrying a concealed firearm within any of the areas described in this subdivision. Possession of a firearm in a vehicle on the premises of any of the areas listed in this subdivision shall not be a criminal offense so long as the firearm is not removed from the vehicle or brandished while the vehicle is on the premises;”; and

           Further amend said bill, Page 26, Section 571.094, Subsection 20, Subdivision (6), Line 20, by deleting all of said line and inserting in lieu thereof the following:

           “(6) The general assembly, supreme court, county or municipality may by rule”; and

           Further amend said bill, Page 27, Section 571.094, Subsection 20, Subdivision (6), Line 3, by inserting after the word “statute” the following: “, rule”; and

           Further amend said bill, Page 27, Section 571.094, Subsection 20, Subdivision (6), Line 7, by inserting after the word “statute” the following: “, rule”; and

           Further amend said bill, Page 27, Section 571.094, Subsection 20, Subdivision (6), Line 9, by inserting after the word “statute” the following: “, rule”; and

           Further amend said bill, Page 27, Section 571.094, Subsection 20, Subdivision (6), Line 13, by inserting after the word “statute” the following: “, rule”; and

           Further amend said bill, by amending the title, enacting clause, and intersectional references accordingly.

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

         Representative Smith (118) offered House Amendment No. 9.

House Amendment No. 9

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 and 328, Page 1, Section 50.535, Line 17, by deleting all of said line and inserting in lieu thereof the following:

            "the county governing body and administered by the county or city sheriff or his or her designee as provided in this"; and

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

         Representative Smith (118) moved that House Amendment No. 9 be adopted.

         Which motion was defeated.

         Representative Skaggs offered House Amendment No. 10.

House Amendment No. 10

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 29, Section 571.094, Line 22, by striking the words “has posted” and inserting in lieu thereof “may post”; and

           Further amend said bill, section and page, Line 23, by striking the words “off-limits” and inserting in lieu thereof the word “open”; and

           Further amend said bill and section, Page 30, Line 4 and 6, by striking the word “prohibit” and inserting in lieu thereof the word “allow” on each of said lines; and

           Further amend said bill, section and page, Line 11, by striking the word “prohibited” on said line and inserting in lieu thereof the word “allowed”.

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

         Which motion was defeated by the following vote:

         Representative Thompson offered House Amendment No. 11.

House Amendment No. 11

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 18, Section 571.094, Line 2, by deleting the words "sheriff's revolving fund" and by inserting in lieu thereof the following:

           "county school fund, to be spent in furtherance of gun safety instruction in the schools"; and

           Further amend said section, Page 18, Line 8, by deleting the words "sheriff's revolving fund" and by inserting in lieu thereof the following:

           "county school fund, to be spent in furtherance of gun safety instruction in the schools".

         Representative Thompson moved that House Amendment No. 11 be adopted.

         Which motion was defeated by the following vote:

         Representative Jones offered House Amendment No. 12.

         Representative Crawford raised a point of order that House Amendment No. 12 is not germane and goes beyond the scope of the bill.

         Representative Cooper (120) requested a Parliamentary ruling.

         The Parliamentary Committee ruled the point of order well taken.

         Representative Riback Wilson (25) offered House Amendment No. 13.

House Amendment No. 13

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 45, Section 571.094, Line 11, by inserting after all of said line the following:

           "39. The provisions of this section shall not apply to any county 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.

         Representative Riback Wilson (25) moved that House Amendment No. 13 be adopted.

         Which motion was defeated by the following vote:

         Representative Hoskins offered House Amendment No. 14.

House Amendment No. 14

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 45, Section 571.094, Line 12, by inserting immediately after said line the following:

           “40. No concealed carry endorsement shall be valid in any county of the first classification with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, any county of the first classification with a charter form of government and with more than one million inhabitants, or any city not within a county.”.

         Representative Burnett offered House Amendment No. 1 to House Amendment No. 14.

House Amendment No. 1

to

House Amendment No. 14

AMEND House Amendment No. 14 to House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, by inserting the following language: “any city with a charter form of government with a population of over four hundred thousand located in more than one county” at the end of the amendment.

         Representative Burnett moved that House Amendment No. 1 to House Amendment No. 14 be adopted.

         Which motion was defeated.

         Representative Hoskins moved that House Amendment No. 14 be adopted.

         Which motion was defeated by the following vote:

         Representative Barnitz offered House Amendment No. 15.

House Amendment No. 15

AMEND House Substitute for House Committee Substitute for House Bills Nos. 349, 120, 136 & 328, Page 2, Section 571.030, Line 22, by deleting all of said line and inserting in lieu thereof the following:

          “knife, a firearm, a blackjack, except that a blackjack shall not include any expandable baton that is of the same or substantially similar size, shape, and dimension as an Asp F21 or F16 expandable baton, or any other weapon readily capable"; and

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

         Representative Barnitz moved that House Amendment No. 15 be adopted.

         Which motion was defeated.

         Representative Donnelly offered House Amendment No. 16.

         Representative Crawford raised a point of order that House Amendment No. 16 is not germane and goes beyond the scope of the bill.

         Representative Cooper (120) requested a parliamentary ruling.

         The Parliamentary Committee ruled the point of order well taken.

         Representative Fraser offered House Amendment No. 17.

House Amendment No. 17

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 6, Section 4, Lines 11-13, by deleting the words [or a valid permit or endorsement to carry concealed firearms issued by another state or political subdivision of another state].

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

         Which motion was defeated.

         Representative Donnelly offered House Amendment No. 18.

House Amendment No. 18

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 45, Section 571.094, Line 22, by striking the words “without the consent of the manager” from said lines.

         Representative Donnelly moved that House Amendment No. 18 be adopted.

         Which motion was defeated by the following vote:

         Representative Hilgemann offered House Amendment No. 19.

House Amendment No. 19

AMEND House Substitute for House Committee Substitute for House Bill Nos. 349, 120, 136 & 328, Page 45, Section 571.094, Line 11, by inserting immediately after said line the following:

           “39. Any individual who carries a firearm concealed within the passenger compartment of their motor vehicle shall provide information to the attorney general as to the license number and description of the vehicle which a firearm may be concealed. Such information shall be provided to the county sheriff, local law enforcement, and the Missouri Highway Patrol”; and

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

         Representative Hilgemann moved that House Amendment No. 19 be adopted.

         Which motion was defeated.

         Representative Dougherty moved the previous question.

         Which motion was defeated by the following vote: