Journal of the House

First Regular Session, 93rd General Assembly

SEVENTY-FIFTH DAY, Friday, May 13, 2005

The House met pursuant to adjournment.

            Speaker Jetton in the Chair.

            Prayer by Father Donald W. Lammers.

Alleluia.

Give thanks to the Lord, for He is good,

For His kindness endures forever.

Who can tell the mighty deeds of the Lord,

Or proclaim all His praises?

Happy are they who observe what is right,

Who do always what is just.

(Psalm 106:1-3)

              Yes, Lord, we thank You. We thank You for all the good that has been accomplished in this 2005 Legislative Session. Individually, we thank You for the opportunity to participate in advancing justice and the common good.

              In Your mercy O Lord, raise up persons from every institution and every community across our state to help those around them who are in need.

              Be with us throughout the rest of this day, that we might complete the work before us.

              Asking for Your grace and for Your abiding presence, we pray to You who are our God forever and ever. 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: Thomas Bassford, Dana Bassford, Sara Bassford, Sydney Owens, Jon Bock, Trisha Brandt, Ben Brown, Nathan Carter, Jason Davis, Tory Findley, Sam Fullmer, Kaitlin Hasenbeck, Dana Joseph, Trevor Kemp, Emily Light, Emily Merritt, Suzi Schroer, Madison Walker and Rachael Eylse Kohl.

            The Journal of the seventy-fourth day was approved as corrected by the following vote:

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 3310 - Representative Oxford

            House Resolution No. 3311 - Representative Harris (110)

            House Resolution No. 3312

                        through

            House Resolution No. 3327 - Representative Jetton

            House Resolution No. 3328

                        through

            House Resolution No. 3330 - Representative Lager

            House Resolution No. 3331 - Representative Storch

            House Resolution No. 3332 - Representative Casey

            House Resolution No. 3333 - Representative Dempsey

            House Resolution No. 3334 - Representative Self

            House Resolution No. 3335 - Representative Smith (14)

            House Resolution No. 3336 - Representative Sander

            House Resolution No. 3337

                        through

            House Resolution No. 3339 - Representative Byrd

            House Resolution No. 3340

                        through

            House Resolution No. 3342 - Representative Johnson (61)

            House Resolution No. 3343

                        and

            House Resolution No. 3344 - Representative Viebrock

            House Resolution No. 3345

                        through

            House Resolution No. 3347 - Representative McGhee

            House Resolution No. 3348

                         through

            House Resolution No. 3350 - Representative Lipke

            House Resolution No. 3351 - Representatives Silvey and Quinn

            House Resolution No. 3352 - Representative Cooper (155)

            House Resolution No. 3353 - Representative Kuessner

            House Resolution No. 3354 - Representative Dixon

            House Resolution No. 3355

                        through

            House Resolution No. 3360 - Representative Schad

            House Resolution No. 3361

                        through

            House Resolution No. 3367 - Representative Chinn

            House Resolution No. 3368 - Representative Henke

            House Resolution No. 3369 - Representative Franz

            House Resolution No. 3370 - Representative Baker (123)

            House Resolution No. 3371 - Representative Vogt

            House Resolution No. 3372 - Representative Dixon

            House Resolution No. 3373 - Representative Schad

            House Resolution No. 3374 - Representative Baker (25)

            House Resolution No. 3375 - Representative Fisher

            House Resolution No. 3376 - Representative Nieves

            House Resolution No. 3377

                        and

            House Resolution No. 3378 - Representative Nance

            House Resolution No. 3379 - Representative Witte

            House Resolution No. 3380

                        through

            House Resolution No. 3385 - Representative Aull

            House Resolution No. 3386 - Representative Page

            House Resolution No. 3387

                        and

            House Resolution No. 3388 - Representative Chinn

            House Resolution No. 3389 - Representative El-Amin

            Speaker Pro Tem Bearden assumed the Chair.

THIRD READING OF SENATE BILLS

            HCS SCS SB 196, relating to tax exemption for material recovery, was taken up by Representative Ervin.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Ervin, HCS SCS SB 196 was adopted.

            On motion of Representative Ervin, HCS SCS SB 196 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            HCS SS SB 402, relating to alcohol-related problems of minors, was taken up by Representative Johnson (47).

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Johnson (47), HCS SS SB 402 was adopted.

            On motion of Representative Johnson (47), HCS SS SB 402 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            SB 431, relating to museum and tourism-related taxes, was taken up by Representative Sutherland.

            Representative Lager offered House Amendment No. 1.

            Representative Shoemyer raised a point of order that House Amendment No. 1 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Emery offered House Amendment No. 2.

            Representative Shoemyer raised a point of order that House Amendment No. 2 goes beyond the scope of the bill.

            The Chair ruled the point of order well taken.

            Representative Wildberger offered House Amendment No. 3.

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

            The Chair ruled the point of order well taken.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Sutherland, SB 431 was truly agreed to and finally passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

            The emergency clause was adopted by the following vote:

            HCS SB 320, relating to mechanics’ liens, was taken up by Representative Byrd.

            Representative Dempsey moved the previous question.

            Which motion was adopted by the following vote:

            On motion of Representative Byrd, HCS SB 320 was adopted.

            On motion of Representative Byrd, HCS SB 320 was read the third time and passed by the following vote:

            Speaker Pro Tem Bearden declared the bill passed.

RECONSIDERATION

            Representative Wright (137), having voted on the prevailing side, moved that the vote by which HCS SB 187 was defeated on Third Reading, be reconsidered.

            The motion to reconsider HCS SB 187 was withdrawn.

THIRD READING OF SENATE BILL

            SB 257, relating to boards of election commissioners, was taken up by Representative Baker (123).

            Representative Cooper (158) offered House Amendment No. 1.

House Amendment No. 1

AMEND Senate Bill No. 257, Page 1, Line 3 of the title, by deleting the words “the board of election commissioners” and inserting in lieu thereof the word “elections”; and

              Further amend said bill, Page 3, Section 115.019, Line 81, by inserting after said line the following:

              “115.203. 1. No person shall pay or otherwise compensate any other person for registering voters based on the number of:

              (1) Voters registered by the other person;

              (2) Voter registration applications collected by the other person; or

              (3) Voter registration applications submitted to election officials by the other person.

              2. No person shall receive or accept payment or any other compensation from any other person for registering voters based on the number of:

              (1) Voters registered by the person receiving or accepting payment or other compensation;

              (2) Voter registration applications collected by the person receiving or accepting payment or other compensation; or

              (3) Voter registration applications submitted to election officials by the person receiving or accepting payment or other compensation.

              3. No person who agrees or offers to submit a voter registration application for another person shall knowingly destroy, deface, or conceal such voter registration application.

              4. Any person who accepts or receives a voter registration application from another person and agrees or offers to submit such application to the election authority for the registrant shall deliver the application to the election authority within seven days of accepting or receiving the application.

              5. A violation of this section is a class four election offense.

              115.205. 1. Any person who is paid or otherwise compensated for soliciting more than ten voter registration applications, other than a governmental entity or a person who is paid or compensated by a governmental entity for such solicitation, shall be registered with the secretary of state as a voter registration solicitor. A voter registration solicitor shall register for every election cycle which begins on the day after the general election and ends on the day of the general election two years later. A voter registration solicitor shall be at least eighteen years of age and shall be a registered voter in the state of Missouri.

              2. Each voting registration solicitor shall provide the following information in writing to the secretary of state's office:

              (1) The name of the voting registration solicitor;

              (2) The residential address, including street number, city, state, and zip code;

              (3) The mailing address, if different from the residential address;

              (4) Whether the voting registration solicitor expects to be paid for soliciting voter registrations;

              (5) If the voter registration solicitor expects to be paid, the identity of the payor;

              (6) The signature of the voter registration solicitor.

              3. The solicitor information required in subsection 2 of this section shall be submitted to the secretary of state's office with the following oath and affirmation:

              "I HEREBY SWEAR OR AFFIRM UNDER PENALTY OF PERJURY THAT ALL STATEMENTS MADE BY ME ARE TRUE AND CORRECT.".

              4. Any voter registration solicitor who knowingly fails to register with the secretary of state or knowingly submits false information to the secretary of state is guilty of a class three election offense. Voter registration applications shall be accepted by the election authority if such applications are otherwise valid, even if the voter registration solicitor who procured the applications fails to register with or submits false information to the secretary of state.

              115.219. 1. Any person who believes a violation of any provision of Title III of the Help America Voter Act of 2002 (HAVA), 42 U.S.C. Sections 15481 to 15485, has occurred, is occurring, or is about to occur may file a complaint with the elections division of the secretary of state's office.

              2. Any complaint filed under this section shall:

              (1) Be in writing, signed, and sworn to before a notary public commissioned by the state of Missouri;

              (2) Be filed within thirty days of the certification of the election in which the violation is alleged to have occurred; and

              (3) State the following:

              (a) The name and mailing address of the person or persons alleged to have committed the violation of Title III of HAVA described in the complaint;

              (b) A description of the act or acts that the person filing the complaint believes is a violation of Title III of HAVA; and

              (c) The nature of the injury suffered or about to be suffered by the person filing the complaint.

              3. The elections division shall promptly provide a copy of the complaint by certified mail to:

              (1) All persons identified in the complaint as possible violators of Title III of HAVA; and

              (2) The election authority in whose jurisdiction the violation is alleged to have occurred or is about to occur.

              4. The elections division may consolidate complaints filed under this section.

              5. Upon the proper filing of a complaint under this section, the secretary of state shall appoint a presiding officer who shall conduct an investigation of the complaint.

              6. At the request of the person filing the complaint or if the presiding officer believes that the circumstances so dictate, the presiding officer shall conduct a hearing on the complaint and prepare a record on the hearing, such hearing to be conducted within ten days of the request of the person filing the complaint.

              7. Upon completion of the investigation, the presiding officer shall submit the results to the elections division, which shall then issue a written report. The elections division shall provide a copy of the report by certified mail to:

              (1) The person who filed the complaint;

              (2) The person or persons alleged to have committed the violation; and

              (3) The election authority in whose jurisdiction the violation is alleged to have occurred.

              8. The report described in subsection 7 of this section shall:

              (1) Indicate the date when the complaint was received by the elections division;

              (2) Contain findings of fact regarding the alleged violation and state whether a violation of Title III of HAVA has occurred;

              (3) State what steps, if any, the person or persons alleged to have committed a violation have taken to correct and/or prevent any reoccurrence;

              (4) Suggest any additional measures that could be taken to correct the violation;

              (5) Indicate the date a violation was corrected or is expected to be corrected;

              (6) Provide any additional information or recommendations useful in resolving the complaint.

              9. If the elections division determines that there is a violation of Title III of HAVA, the elections division shall determine and provide the appropriate remedy, as authorized by law to do so. If the elections division determines that it is not authorized by law to provide an appropriate remedy, the elections division shall, if possible, refer the matter to the appropriate agency or office that has jurisdiction.

              115.223. Whenever a voter's name has been removed from the registration records by an election authority, the voter may appeal the removal to the circuit court. Unless prohibited by court rule, the petition may be filed in an associate circuit court division. No formal pleading shall be required, and it shall be sufficient for the voter to present to the court an application verified by affidavit setting forth that [his] the voter's name has been removed from the registration records, the date of such removal, and any other information showing [his] the voter's qualification to vote. The application shall first be presented to the election authority, which shall either restore the voter's name to the registration records or furnish a statement showing the reason the voter's name was removed from the records. The court shall hear and dispose of such application forthwith. Evidence may be introduced for and against the application. If the court sustains the application, the court shall notify the election authority of its action, and the election authority shall restore the applicant's name to the registration records and note that it was restored by order of the court. No person whose name is restored to the registration records by order of the court shall be protected by such order if [he] such person is challenged or prosecuted for false registration or false voting. If a voter's name [is] has been removed from the registration records and the voter discovers such removal more than fifteen days prior to the election, any appeal to the circuit court shall be filed on or before fourteen days prior to the election and shall be decided by the court before election day. If a voter's name has been removed from the registration records and the voter discovers such removal within fourteen days of the election, any appeal to the circuit court shall be expeditiously filed with and decided by the court. If a court determines that a voter's name should be restored to the registration records [by the election authority or by order of the court] on election day, the voter shall be permitted to [vote] cast a provisional ballot under section 115.430 in the office of the election authority and the vote shall be counted if the voter was eligible to vote. A copy of the voter's pleading or application, the election authority statement, and the court order shall be attached to the provisional ballot envelope. 

              115.427. [1. Before receiving a ballot, voters shall identify themselves by presenting a form of personal identification from the following list:

              (1) Identification issued by the state of Missouri, an agency of the state, or a local election authority of the state;

              (2) Identification issued by the United States government or agency thereof;

              (3) Identification issued by an institution of higher education, including a university, college, vocational and technical school, located within the state of Missouri;

              (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;

              (5) Driver's license or state identification card issued by another state; or

              (6) Other identification approved by the secretary of state under rules promulgated pursuant to subsection 3 of this section other identification approved by federal law.

 Personal knowledge of the voter by two supervising election judges, one from each major political party, shall be acceptable voter identification upon the completion of a secretary of state-approved affidavit that is signed by both supervisory election judges and the voter that attests to the personal knowledge of the voter by the two supervisory election judges. The secretary of state may provide by rule for a sample affidavit to be used for such purpose.] 1. Before receiving a ballot, voters shall establish their eligibility to vote at the polling place by presenting a form of personal identification. “Personal identification” shall only mean a document that satisfies all of the following requirements:

              (1) The document shows the name of the individual to whom the document was issued, and the name conforms to the name in the individual's voter registration record.

              (2) The document shows a photograph of the individual to whom the document was issued.

              (3) The document includes an expiration date, and the document:

              (a) is not expired; or

              (b) expired after the date of the most recent general election.

              (4) The document was issued by the United States or the state of Missouri.

              2. The election judges shall notify a voter who presents at the polling place without a form of personal identification that satisfies the requirements of subsection 1 of this section that the voter may return to the polling place with a proper form of personal identification and vote a regular ballot after election officials have verified the voter’s identity pursuant to subsection 1of this section. Voters who return to the polling place during the uniform polling hours established by section 115.407 with a current and valid form of personal identification shall be given priority in any voting lines.

              3. A voter, who is otherwise qualified to vote, may establish the voter’s identity by executing an affidavit averring that the voter is the person listed in the precinct register and that the voter does not possess a form of identification specified in this section and is unable to obtain a current and valid form of personal identification because of:

              (1) a physical or mental disability or handicap of the voter, if the voter is otherwise competent to vote under Missouri law; or

              (2) a sincerely held religious belief against the forms of personal identification described in subsection 1 of this section.

              4. The affidavit to be used for voting pursuant to subsection 3 of this section shall be in substantially the following form:

State of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

County of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I do solemnly swear (or affirm) that my name is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; that I reside at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and that I am the person listed in the precinct register under this name and at this address. I further swear (or affirm) that I am unable to obtain a current and valid form of personal identification because of: