Journal of the House

Second Regular Session, 92nd General Assembly

TENTH DAY, Monday, January 26, 2004

The House met pursuant to adjournment.

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

          Heavenly Father, Creator of all things, it is written, "In times of difficulty, may the Lord respond to your cry, may the Lord keep you safe from harm." You Lord, indeed, are a very present help in times of difficulty.

          May You grant our heart's desire and fulfill our plans. May You send help from Your heavenly abode and strengthen us in this hour. May we know Your great peace.

          O Lord, we are all too aware of our own human weaknesses when our own doings, callings, efforts, or sincere goals are called into question. Help us to overcome these weaknesses.

          Now may Your grace rest and abide with us all.

          In Your Son's name we pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         Representative Crowell suggested the absence of a quorum.

         The following roll call indicated a quorum present:

         The Journal of the ninth day was approved as printed.

HOUSE RESOLUTION

         Representative Morris offered House Resolution No. 196.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 191 - Representative Shoemaker

House Resolution No. 192 - Representatives Fraser, Donnelly and Fares

House Resolution No. 193 - Representative Walton

House Resolution No. 194 - Representative Hubbard

House Resolution No. 195 - Representative Bough

         House Resolution No. 197 - Representative Pratt

House Resolution No. 198

                     and

House Resolution No. 199 - Representative Pearce

House Resolution No. 200 - Representative Bland

House Resolution No. 201

                     and

House Resolution No. 202 - Representative Johnson (61)

House Resolution No. 203 - Representative Riback Wilson (25)

House Resolution No. 204

                     and

House Resolution No. 205 - Representative Cunningham (145)

         House Resolution No. 206 - Representatives Jolly, Meiners and Sager

         House Resolution No. 207 - Representative Vogt

INTRODUCTION OF HOUSE BILLS

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

HB 1244, introduced by Representatives Dempsey, Spreng, Zweifel, Hanaway, Smith (14) and Corcoran, relating to the Missouri-St. Louis metropolitan airport authority.

HB 1245, introduced by Representatives Schlottach and Kelly (36), relating to licensing of peace officers.

HB 1246, introduced by Representatives Portwood and Stefanick, relating to chiropractors and their keeping of medical records.

HB 1247, introduced by Representatives Cunningham (86) and Stefanick, relating to the telemarketing no-call list.

HB 1248, introduced by Representatives Cunningham (86), Sander, Dusenberg, Dixon and Bivins, relating to personal records with unique identifiers.

HB 1249, introduced by Representatives Cunningham (86), Jetton and Bivins, relating to campaign finance reports and complaints.

HB 1250, introduced by Representatives Cunningham (86) and Phillips, relating to workers' compensation insurance.

HB 1251, introduced by Representatives Jolly, Willoughby, LeVota, Page, Bringer, Harris (110), Selby, Engler, Wood, Meiners, Kelly (36) and Walker, relating to the crime of driving while intoxicated.

HB 1252, introduced by Representative Lawson, relating to a fee on nonparticipating manufacturer cigarettes.

HB 1253, introduced by Representative Luetkemeyer, relating to insurance.

HB 1254, introduced by Representative Bland, relating to used motor vehicle dealer practices.

HB 1255, introduced by Representative Bland, relating to the emancipation day commission.

HB 1256, introduced by Representative Jetton, relating to the state library.

HB 1257, introduced by Representative Campbell, relating to gaming.

HB 1258, introduced by Representative Cooper (155), relating to portable chemical tests.

HB 1259, introduced by Representative Threlkeld, relating to the licensure of motor vehicle dealers and manufacturers.

HB 1260, introduced by Representative Sander, relating to the courts of record of Randolph County.

HB 1261, introduced by Representatives Smith (14), Vogt, Smith (118), Lowe, Johnson (47), Yates, Jones and Villa, relating to Sunday alcohol sales.

HB 1262, introduced by Representatives Wildberger, Shoemyer, Kratky, Spreng, Darrough, Corcoran, Selby, Ward, Dougherty, Wilson (42), Bland, Muckler, Kelly (36) and Meiners, relating to publicly-financed projects.

HB 1263, introduced by Representatives Wildberger, Ward, Kelly (36), Burnett, Sanders Brooks, Harris (110), Bland, Whorton, Jones and Meiners, relating to contributions to child advocacy centers.

HB 1264, introduced by Representatives Wildberger, Selby, Ward, Kelly (36), Dougherty, Burnett, Sanders Brooks, Sager, Bland, Bruns, Jones, Darrough, Walker, Wilson (42), Daus, Whorton and Meiners, relating to the statute of limitation for certain crimes.

HB 1265, introduced by Representatives Wildberger, Bough, Ward, Dougherty, Walker, Donnelly and Meiners, relating to restrictions and limitations on campaign contributions.

HB 1266, introduced by Representatives Wildberger, Selby, Jolly, Ward, Kelly (36), Boykins, Bruns, Dougherty, Burnett, Sanders Brooks, Jones, Darrough, Wilson (42), Sager, Bland, Daus, Whorton, Bishop, Donnelly, Muckler, Meiners and Carnahan, relating to retirement benefits for firefighters.

HB 1267, introduced by Representatives Cooper (120), Dempsey and Pratt, relating to tobacco product manufacturers.

HB 1268, introduced by Representatives Smith (118), Yates, Smith (14), Roark, Lembke, Deeken, Luetkemeyer, Dethrow, Johnson (47), Pearce, Hunter, Bough, Wilson (119), Angst, Dempsey, Ervin, Wilson (130), Baker, Crowell, Hobbs, Wood, Dixon, Morris, Munzlinger, Stevenson, Schaaf, Engler, Ruestman, Mayer, King, Stefanick, Myers, Portwood, Black and Sutherland, relating to employees.

HB 1269, introduced by Representatives Smith (118), Bough, Ruestman, Dixon, Hobbs, Reinhart, Sutherland, Dusenberg, Holand and Smith (14), relating to statutory revision.

HB 1270, introduced by Representatives Smith (118), Pearce, Schaaf, Yates, Harris (23) and Sander, relating to state purchases.

SECOND READING OF HOUSE BILLS

         HB 1213 through HB 1243 were read the second time.

SECOND READING OF SENATE BILL

         SCS SB 1003 was read the second time.

REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HB 762 - Local Government

HB 764 - Crime Prevention and Public Safety

HB 770 - Transportation and Motor Vehicles

HB 772 - Tax Policy

HB 773 - Education

HB 779 - Communications, Energy and Technology

HB 780 - Tax Policy

HB 782 - Workforce Development and Workplace Safety

HB 788 - Crime Prevention and Public Safety

HB 789 - Transportation and Motor Vehicles

HB 792 - Professional Registration and Licensing

HB 793 - Crime Prevention and Public Safety

HB 794 - Crime Prevention and Public Safety

HB 796 - Tax Policy

HB 807 - Tax Policy

HB 811 - Job Creation and Economic Development

HB 814 - Transportation and Motor Vehicles

HB 822 - Communications, Energy and Technology

HB 823 - Tax Policy

HB 833 - Tourism and Cultural Affairs

HB 1174 - Health Care Policy

HB 1177 - Agriculture

HB 1207 - Job Creation and Economic Development

HB 1211 - Workforce Development and Workplace Safety

HB 1216 - Education

SPECIAL RECOGNITION

         Upon the request of Representative Walt Bivins, the following resolution was read in honor of his father, Walter R. Bivins.

RESOLUTION OF PEARL RIVER BASIN DEVELOPMENT DISTRICT

BOARD OF DIRECTORS COMMENDING

THE LIFE AND PUBLIC SERVICE OF WALTER R. BIVINS

          WHEREAS, Walter R. Bivins was appointed a Director of Pearl River Basin Development District by the Board of Supervisors of Hinds County, Mississippi, on November 3, 1973, and continuously served as a Director of the District until his death on January 20, 2004; and

          WHEREAS, he served as President of the Board of Directors from 1989 through 1999 and served as Chairman of the Budget and Finance Committee for over ten years; and

          WHEREAS, during his thirty-year tenure as Director, his dedication, zeal, compassion and integrity served as a standard for his fellow directors; and

          WHEREAS, his long-time experience, insight, and sage wisdom provided not only a historical context for the work of the District, but visionary guidance which continues after his death; and

           WHEREAS, his public service extended not only to the work of the Pearl River Basin Development District, but to the work of the Mississippi Employment Security Commission, Hinds Community College, the City of Jackson, and beyond; and

          WHEREAS, his unparalleled commitment to public service, the State of Mississippi, and the Pearl River Basin stands as a beacon for all who knew him;

          NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the Pearl River Basin Development District does hereby commend the life and public service of Walter R. Bivins and expresses its deep and heartfelt appreciation for his commitment to the Pearl River Basin Development District, the State of Mississippi and its natural resources.

          BE IT FURTHER RESOLVED that a copy of this resolution be presented to the family of Walter R. Bivins to memorialize the deep respect, admiration, and appreciation expressed by the entire Board.

LETTER OF OBJECTION

January 26, 2004

Steven Davis, Chief Clerk

State Capitol Building, Room 306B

Jefferson City, MO 65101

Dear Mr. Clerk:

          We the undersigned members of the House of Representatives pursuant to House Rule 44 (b) would like to have House Committee Substitute for House Bill Nos. 950 & 948 discharged from the House Consent Calendar for Perfection due to its controversial nature.

          Thank you.

Sincerely,

/s/ Jason Crowell (158)                                             /s/ Rick Johnson (90)

/s/ Chuck Purgason (151)                                          /s/ Jeff Harris (23)

/s/ Robert Thane Johnson (47)

         The following member's presence was noted: Purgason.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, January 27, 2004.

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive Session.

Public hearings to be held on: HB 981, HB 1182

AGRICULTURE

Wednesday, January 28, 2004, 8:00 a.m. Hearing Room 7.

Executive Session may follow.

Public hearings to be held on: HB 1177

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, January 28, 2004, 2:30 p.m. Hearing Room 5.

Testimony from the Department of Natural Resources. AMENDED

APPROPRIATIONS - EDUCATION

Tuesday, January 27, 2004, 8:00 a.m. Hearing Room 1.

Testimony provided by the Department of Elementary and Secondary Education.

Will possibly reconvene at 2:30 p.m.

APPROPRIATIONS - EDUCATION

Wednesday, January 28, 2004, 8:00 a.m. Hearing Room 1.

Testimony provided by the Department of Elementary and Secondary Education.

Will possibly reconvene at 2:30 p.m.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 27, 2004, 2:30 p.m. Hearing Room 7.

Public testimony from the Office of Administration and Statewide Leasing. AMENDED

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 28, 2004, 2:30 p.m. Hearing Room 7.

Office of the State Auditor, Office of Administration and Statewide Leasing.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, January 28, 2004, 8:00 a.m. Hearing Room 3.

Departments of Mental Health, Health, and Social Services.

Review of the Governor's recommendations.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, January 29, 2004, 8:00 a.m. Hearing Room 3.

Departments of Mental Health, Health, and Social Services.

Review of the Governor's recommendations.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, January 27, 2004, 8:15 a.m. Hearing Room 5.

Testimony from the Departments of Insurance, Labor, Transportation,

and Economic Development.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, January 28, 2004, 8:15 a.m. Hearing Room 5.

Testimony from the Departments of Insurance, Labor, Transportation,

and Economic Development.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Thursday, January 29, 2004, 8:15 a.m. Hearing Room 5.

Testimony from the Departments of Insurance, Labor, Transportation,

and Economic Development.

CHILDREN AND FAMILIES

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 1.

Executive Session may follow.

Public hearings to be held on: HJR 39, HJR 38, HJR 42, HJR 47

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, January 27, 2004, Hearing Room 3 upon morning adjournment.

Executive Session may follow.

Public hearings to be held on: HB 1100, HB 1083

CONSERVATION AND NATURAL RESOURCES

Wednesday, January 28, 2004, 12:00 p.m. Hearing Room 5.

Possible Executive Session.

Public hearings to be held on: HB 1085

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 3.

Executive Session may follow. AMENDED

Public hearings to be held on: HB 1055, HB 979, HB 1060, HB 1052

EDUCATION

Wednesday, January 28, 2004, 5:00 p.m. Hearing Room 3.

Continue Hearing on HB 1040. Possible Executive Session on HB 1040.

Executive Session will be held on: HB 1041

ELECTIONS

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 1098, HB 949, HB 1087

ETHICS

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 4.

109 Caucus. Executive Session may follow.

FINANCIAL SERVICES

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 6.

Executive Session may follow.

Public hearings to be held on: HB 904, HB 959

HEALTH CARE POLICY

Wednesday, January 28, 2004, 5:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 855

Executive Session may be held on: HB 923

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, January 28, 2004, 12:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 1207

LOCAL GOVERNMENT

Thursday, January 29, 2004, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

Public hearings to be held on: HB 801, HB 802, HB 841, HB 895, HB 989

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 4.

Public hearings to be held on: HB 869, HB 955

SENIOR SECURITY

Tuesday, January 27, 2004, 5:00 p.m. Hearing Room 6.

Executive Session will be held on: HB 898

SMALL BUSINESS

Wednesday, January 28, 2004, Hearing Room 3, 1:00 p.m. or upon adjournment.

Office of Administration and Department of Transportation will be present

to answer questions regarding MBE/WBE/DBE Certification.

SPECIAL COMMITTEE ON URBAN ISSUES

Tuesday, January 27, 2004, 6:00 p.m. Hearing Room 2.

Executive Session may follow. AMENDED

Public hearings to be held on: HB 1129, HB 1074, HCR 8

TAX POLICY

Tuesday, January 27, 2004, 12:00 p.m. Hearing Room 7.

Executive Session may follow.

Public hearings to be held on: HB 973, HB 971, HB 958, HB 774

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, January 28, 2004, 12:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 921 and HB 960.

HOUSE CALENDAR

ELEVENTH DAY, TUESDAY, JANUARY 27, 2004

HOUSE BILLS FOR SECOND READING

HB 1244 through HB 1270

HOUSE JOINT RESOLUTION FOR PERFECTION

HCS HJR 28 - Roark (139)

HOUSE BILLS FOR PERFECTION

1       HB 969 - Cooper (120)

2       HCS HB 946, 1106 & 952 - Crawford (117)

3       HCS HB 1105, 1062, 1111, 1113 & 1119 - Crawford (117)

4       HCS HB 950 & 948 - Mayer (159)

HOUSE RESOLUTIONS

1       HR 4, (1-22-04, Page 124) - Lembke (85)

2       HR 120, (1-22-04, Pages 124-128) - Crowell (158)