Journal of the House

Second Regular Session, 92nd General Assembly

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SIXTY-SIXTH DAY, Monday, May 10, 2004

 

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend James Earl Jackson.

              Heavenly Father, our requests have gone before You, our prayers are answered. You have been our constant companion throughout this session and we are forever grateful.

              Through the highs and the lows, laughter and sorrow, agreements and disagreements, You have not abandoned us. Your grace and mercy is to us a perpetual guide.

              May our hearts and minds be in tune with Your plan for this week. We surrender our plans to Yours; our days are ordained of You. Our times are in Your hands.

              We began a good and noble work this year, help us see it to completion and may we finish well.

              May Your grace rest and abide with us all...

              In the name of Your Son we pray. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the sixty-fifth day was approved as corrected.

HOUSE RESOLUTION

            Representative Dixon offered House Resolution No. 2913.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 2873

                        through

House Resolution No. 2886 - Representative Hobbs

House Resolution No. 2887 - Representative Townley

House Resolution No. 2888 - Representative El-Amin

House Resolution No. 2889 - Representative Jones

            House Resolution No. 2890 - Representative Lowe

            House Resolution No. 2891 - Representative Luetkemeyer

            House Resolution No. 2892

                        and

House Resolution No. 2893 - Representative Crawford

House Resolution No. 2894 - Representative LeVota

House Resolution No. 2895 - Representative Smith (14)

House Resolution No. 2896

through

House Resolution No. 2900 - Representative Pratt

House Resolution No. 2901

                        through

House Resolution No. 2904 - Representative Whorton

            House Resolution No. 2905 - Representative Rupp

House Resolution No. 2906 - Representative Self

House Resolution No. 2907 - Representative Deeken

House Resolution No. 2908

                        through

House Resolution No. 2912 - Representative Kelly (36)

            House Resolution No. 2914 - Representative Davis (122)

            House Resolution No. 2915 - Representative Schaaf

            House Resolution No. 2916 - Representative Harris (23)

SECOND READING OF SENATE CONCURRENT RESOLUTIONS

            SCR 45 and SCR 51 were read the second time.

COMMITTEE REPORT

            Committee on Budget, Chairman Bearden reporting:

            Madam Speaker: Your Committee on Budget, to which was referred HCS SB 1391 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.

MESSAGES FROM THE SENATE

            Madam 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 HCS SCS#2 SB 762, as amended: Senators Champion, Shields, Steelman, Dougherty and Wheeler.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS SB 932, as amended, and requests that the House recede from its position or, failing to do so, grant the Senate a conference thereon.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to recede from its position on SS HCS HB 1055, as amended, and grants the House a conference thereon.

            Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HS HCS SS SCS SB 1081, as amended, and requests that the House recede from its position or, failing to do so, grant the Senate a conference thereon and that the conferees be allowed to exceed the differences.

            Madam 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 HCS SCS SB 1106: Senators Shields, Bartle, Scott, Caskey and Stoll.

APPOINTMENT OF CONFERENCE COMMITTEE

            The Speaker appointed the following Conference Committee to act with a like committee from the Senate on the following bill:

SS HCS HB 1055: Representatives Bruns, Dixon, Mayer, Jolly and Witte

HOUSE BILL WITH SENATE AMENDMENTS

            SCS HB 1188, relating to criminal case fees, was taken up by Representative Lipke.

            On motion of Representative Lipke, SCS HB 1188 was adopted by the following vote:

 

            On motion of Representative Lipke, SCS HB 1188 was truly agreed to and finally passed by the following vote:

 

            Speaker Hanaway declared the bill passed.

THIRD READING OF SENATE BILLS

            HCS SCS SBs 1020, 889 & 869, relating to the open records law, was taken up by Representative Goodman.

            Representative Goodman offered HS HCS SCS SBs 1020, 889 & 869.

            Representative Goodman offered House Amendment No. 1.

House Amendment No. 1

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 1020, 889 & 869, Page 23, Section 610.026, Line 23, by deleting the word “clerical”; and

              Further amend said page and section, Line 24, by deleting the comma “,”.

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

            Representative Lipke assumed the Chair.

            Representative Byrd offered House Amendment No. 2.

House Amendment No. 2

AMEND House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 1020, 889 & 869, Section 610.027, Page 26, Line 4 of said page, by deleting the word "negligently" and inserting in lieu thereof "knowingly"; and

              Further amend said bill, Section 610.100, Page 33, Line 25, by deleting the word "negligently" and inserting in lieu thereof "knowingly"; and

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

            Representative Pratt offered House Amendment No. 1 to House Amendment No. 2.

House Amendment No. 1

to

House Amendment No. 2

AMEND House Amendment No. 2 to House Substitute for House Committee Substitute for Senate Committee Substitute for Senate Bill Nos. 1020, 889 & 869, Page 1, Line 4 of said amendment, by adding after all of said line, the following:

              “Further amend said bill, Section 610.027, Page 26, Lines 10 and 11 of said page, by deleting ‘twenty-five dollars to two hundred fifty dollars’ and inserting in lieu thereof ‘two hundred fifty dollars to one thousand dollars’; and”; and

              Further amend said amendment, Page 1, Line 7 of said amendment, by adding after all of said line, the following:

              “Further amend said bill, Section 610.100, Page 34, Line 3 of said page, by deleting ‘twenty-five dollars to two hundred fifty dollars’ and inserting in lieu thereof ‘two hundred fifty dollars to one thousand dollars’; and”.

            Representative Harris (23) offered House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2.

            Speaker Pro Tem Jetton resumed the Chair.

            Representative Pratt raised points of order that House Substitute Amendment No. 1 for House Amendment No. 1 to House Amendment No. 2 goes beyond the scope of the underlying amendment and that the amendment as a substitute amendment for an amendment to the amendment is out of order under U.S. House Rule XVI, clause 6, and official precedent.

            The Chair ruled the first point of order well taken.

            House Amendment No. 1 to House Amendment No. 2 was withdrawn.

            HCS SCS SBs 1020, 889 & 869, with House Amendment No. 2, and HS, as amended, pending, was laid over.

HOUSE BILL WITH SENATE AMENDMENT

            SCS HCS HB 1192, relating to animal health and meat inspections, was taken up by Representative Schlottach.

            On motion of Representative Schlottach, SCS HCS HB 1192 was adopted by the following vote:

 

            On motion of Representative Schlottach, SCS HCS HB 1192 was truly agreed to and finally passed by the following vote:

            Speaker Pro Tem Jetton declared the bill passed.

BILL CARRYING REQUEST MESSAGE

            HS HCS SS SCS SB 1081, as amended, relating to contractors’ lawsuits, was taken up by Representative Pratt.

            Representative Pratt moved that the House refuse to recede from its position on HS HCS SS SCS SB 1081, as amended, and grant the Senate a conference, and the conferees be allowed to exceed the differences on allowing a claimant to proceed directly to small claims court for construction defects of which the repair cost would not exceed the applicable dollar limit for a matter before the small claims court having jurisdiction of the claim.

            Which motion was adopted.

HOUSE BILLS WITH SENATE AMENDMENTS

            HS HB 1487, with Senate Amendment No. 1 to Senate Amendment No. 1, Senate Amendment No. 2 to Senate Amendment No. 1, Senate Amendment No. 1, as amended, and Senate Amendment No. 2, relating to kidnapping a child, was taken up by Representative Self.

            Representative Self moved that the House refuse to concur in Senate Amendment No. 1 to Senate Amendment No. 1, Senate Amendment No. 2 to Senate Amendment No. 1, Senate Amendment No. 1, as amended, and Senate Amendment No. 2 to HS HB 1487 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 1288, as amended, relating to franchise agreements, was taken up by Representative Threlkeld.

            Representative Threlkeld moved that the House refuse to adopt SS SCS HCS HB 1288, 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.

            SCS HB 996, HB 1142, HCS HB 1201 and HB 1489, as amended, relating to school bus inspections, was taken up by Representative Dusenberg.

            On motion of Representative Dusenberg, SCS HB 996, HB 1142, HCS HB 1201 and 1489, as amended, was adopted by the following vote: