Journal of the House

Second Regular Session, 92nd General Assembly

TWENTY-SIXTH DAY, Monday, February 23, 2004

The House met pursuant to adjournment.

         Speaker Hanaway in the Chair.

         Prayer by Dr. Monte Shinkle, Concord Baptist Church, Jefferson City, Missouri.

          Dear Heavenly Father,

          I thank You today for Your mercy and grace You have so richly poured out upon us. You are a great God and I praise You.

          Thank You for the privilege of living in this free land.

          Thank You for the freedoms we enjoy as American citizens.

          Thank You for the freedom to call on You for guidance.

          Thank You for Your wonderful promise to give us wisdom when we ask.

Thank You for these elected officials who are exhorted in Your Holy Word to seek Your face for wisdom and blessing.

          Thank You for the democratic process You have allowed to flourish in our land.

          Today I call on You Lord; for wisdom to make godly decisions. For blessings upon this body and its many members. For blessings upon the families of these elected officials of our state. Where there is sickness, will You please heal? Where there is distress, will You bring peace? Where there is confusion, will You bring guidance? Where there are hard feelings, will You bring forgiveness? Where there is sin, will You bring conviction and cleansing? Dear God, in this day of great distress in our country, will You please heal our land?

          In the name of Jesus Christ I pray. Amen.

         The Pledge of Allegiance to the flag was recited.

         Representative Emery assumed the Chair.

         The Journal of the twenty-fifth day was approved as corrected by the following vote:

HOUSE RESOLUTION

         Representative Crawford offered House Resolution No. 720.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 677 - Representative Boykins

House Resolution No. 678

                     through

House Resolution No. 691 - Representative Fares

         House Resolution No. 692

                     through

         House Resolution No. 694 - Representative Willoughby

         House Resolution No. 695 - Representative Sander

House Resolution No. 696 - Representative Rector

House Resolution No. 697 - Representative Engler

House Resolution No. 698

                     through

House Resolution No. 711 - Representative Stefanick

         House Resolution No. 712 - Representative King

House Resolution No. 713 - Representative Dethrow

House Resolution No. 714

                     through

House Resolution No. 719 - Representative Ervin

         House Resolution No. 721 - Representative Deeken

         House Resolution No. 722 - Representative Ward

INTRODUCTION OF HOUSE BILLS

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

HB 1546, introduced by Representatives Moore, Myers, Quinn, Ruestman, Rector, Dixon, Cooper (120), Sander, Crawford, Munzlinger, Smith (118), Pearce, Wilson (119), Luetkemeyer, Hobbs and Mayer, relating to the department of natural resources.

HB 1547, introduced by Representative Wood, relating to local approval for licensing of excursion gambling boats.

HB 1548, introduced by Representatives Crawford, Moore, Seigfreid, Quinn, Wildberger, Deeken, Bruns, Engler, Smith (118), Parker, Davis (122), Guest, Lowe, Munzlinger, Stevenson, Hobbs and Zweifel, relating to state employees' pay.

HB 1549, introduced by Representatives Hoskins, Bland, Sanders Brooks, Thompson, Johnson (61), Wilson (42), Hubbard and Boykins, relating to voter registration.

HB 1550, introduced by Representatives Burnett and LeVota, relating to exemptions from the workers' compensation law.

HB 1551, introduced by Representative Davis (19), relating to grandparent visitation.

SECOND READING OF HOUSE CONCURRENT RESOLUTION

         HCR 24 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 1512 through HB 1545 were read the second time.

THIRD READING OF HOUSE BILL

         HCS HB 1040, relating to education accountability, was taken up by Representative Cunningham (86).

         On motion of Representative Cunningham (86), HCS HB 1040 was read the third time and passed by the following vote:

         Representative Emery declared the bill passed.

         The emergency clause was adopted by the following vote:

MESSAGES FROM THE SENATE

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 951, entitled:

         An act to repeal section 70.300, RSMo, and to enact in lieu thereof one new section relating to contracts of political subdivisions.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 952, entitled:

         An act to repeal sections 84.510 and 84.560, RSMo, and to enact in lieu thereof two new sections relating to certain police officers.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SB 1012, entitled:

         An act to repeal section 140.340, RSMo, and to enact in lieu thereof one new section relating to redemption of property.

         In which the concurrence of the House is respectfully requested.

         Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate has taken up and passed SCS SB 1062, entitled:

         An act to amend chapter 311, RSMo, by adding thereto one new section relating to liquor licenses for caterers.

         In which the concurrence of the House is respectfully requested.

WITHDRAWAL OF HOUSE BILL

To:                   Steve Davis, Chief Clerk

From:               Rep. Belinda Harris

CC:                  Rep. Larry Crawford, Chairman of Transportation and Motor Vehicles

Date:                2/23/2004

Re:                   House Bill 1419

I am requesting that House Bill No. 1419 be withdrawn. This bill does not express the content for which I had intended. Should you have any questions or need additional information, please let me know.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m, Tuesday, February 24, 2004.

CORRECTIONS TO THE HOUSE JOURNAL

         Correct House Journal, Twenty-fifth Day, Thursday, February 19, 2004, Page 379, Lines 16-18, by deleting said lines and inserting in lieu thereof the following:

         Madam Speaker: Your Committee on Transportation and Motor Vehicles, to which was referred HB 1107, begs leave to report it has examined the same and recommends that it Do Pass by Consent with House Committee Amendment No. 1.

House Committee Amendment No. 1

AMEND House Bill No. 1107, Page 1, Section 238.208, Line 3, by inserting immediately after the word "district." the following:

          "If the property owners within the transportation development district unanimously approve of the addition of property, the adjacent properties in the petition shall be added to the district."; and

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

AFFIDAVIT

I, State Representative Tim Meadows, District 101, hereby state and affirm that my vote as recorded on Page 368 of the House Journal for Thursday, February 19, 2004 showing that I voted present was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye. I further state and affirm that I was present in the House Chamber at the time this vote was taken, I did in fact vote, and my vote or absence was incorrectly recorded.

IN WITNESS WHEREOF, I have hereunto subscribed my hand to this affidavit on this 23rd day of February 2004.

                                                                                                 /s/ Tim Meadows

                                                                                                      State Representative

State of Missouri            )

                                       ) ss.

County of Cole               )

Subscribed and sworn to before me this 23rd day of February in the year 2004.

                                                                                                 /s/ Stephen S. Davis

                                                                                                      Chief Clerk

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, February 24, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 1192, SB 739

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, February 25, 2004, 2:30 p.m. Hearing Room 4.

Mark up for the Department of Agriculture.

APPROPRIATIONS - EDUCATION

Tuesday, February 24, 2004, 8:00 a.m. Hearing Room 1.

Mark up will be held on: HB 1002, HB 1003

APPROPRIATIONS - EDUCATION

Wednesday, February 25, 2004, 3:00 p.m. Hearing Room 1.

Mark up will be held on: HB 1003

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, February 24, 2004, 8:30 a.m. Hearing Room 7.

Committee hearing will recess at 10:00 a.m. and reconvene at 2:45 p.m.

Mark up will be held on: HB 1012, HB 1004, HB 1005

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 24, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Tuesday, February 24, 2004, 8:00 a.m. Hearing Room 6.

Mark up Department of Public Safety and the Department of Corrections.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, February 25, 2004, 2:30 p.m. Hearing Room 6.

Mark up Department of Public Safety and the Department of Corrections. AMENDED

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Thursday, February 26, 2004, Hearing Room 6 upon morning adjournment.

Mark up Department of Public Safety and the Department of Corrections.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 24, 2004, 8:00 a.m. Hearing Room 5.

Department of Transportation mark up wrapped up.

Department of Economic Development mark up to begin.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Tuesday, February 24, 2004, 2:30 p.m. Hearing Room 5.

Mark up Department of Economic Development.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, February 25, 2004, 2:30 p.m. Hearing Room 5.

Mark up Department of Economic Development.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Thursday, February 26, 2004, 8:15 a.m. Hearing Room 5.

Mark up Department of Economic Development.

BUDGET

Wednesday, February 25, 2004, 8:00 a.m. Hearing Room 3.

Public hearing to be held on: HJR 49

Executive session will be held on: HB 1014

CHILDREN AND FAMILIES

Tuesday, February 24, 2004, 5:00 p.m. Hearing Room 1.

Executive session will be held on: HB 1453, HB 915

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, February 24, 2004, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HB 822, HB 1234, HB 1310, HB 1247

CONSERVATION AND NATURAL RESOURCES

Wednesday, February 25, 2004, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HB 956, HB 1187

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, February 24, 2004, 5:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 867, HB 925, HB 791, HB 1487

ELECTIONS

Tuesday, February 24, 2004, 5:00 p.m. Hearing Room 7.

Executive session will precede the hearing.

Public hearings to be held on: HB 1249, HB 988, HB 1101

Executive session will be held on: HB 900, HB 1150, HB 1039

FINANCIAL SERVICES

Tuesday, February 24, 2004, 12:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 884, HB 1223, HB 904, HB 1291, HB 1169

Executive session will be held on: HB 936, HB 938

HOMELAND SECURITY AND VETERANS AFFAIRS

Tuesday, February 24, 2004, 5:00 p.m. Hearing Room 5.

Public hearings to be held on: HB 1226, HB 1381

Executive session will be held on: HB 957, HB 1152

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, February 25, 2004, 12:00 p.m. Hearing Room 6.

Executive session may be held.

Public hearings to be held on: HB 1426, HB 1421, HB 1370

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 26, 2004, Hearing Room 5 upon morning adjournment of both Chambers.

Report from the Revision Subcommittee.

Oversight program evaluation on the Office of Administration, Division of Facilities Management, State leasing practices. Any other business.

JUDICIARY

Wednesday, February 25, 2004, 12:00 p.m. Hearing Room 1.

Executive session on other bills may follow.

Public hearings to be held on: HB 1188, HB 1350, HB 808, HB 1384,

HB 1336, HB 965, HB 870, HB 1143, HB 798

Executive session will be held on: HB 1115

LOCAL GOVERNMENT

Thursday, February 26, 2004, 8:15 a.m. Hearing Room 6.

Executive session shall follow. AMENDED

Public hearings to be held on: HB 824, HB 972, HB 1225, HB 1398, HB 1471

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, February 24, 2004, 12:00 p.m. Hearing Room 4.

Public hearings to be held on: HB 1399, HB 1197

Executive session may be held on: HB 1224, HB 1195

SENIOR SECURITY

Tuesday, February 24, 2004, 5:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 1367, HB 1230

Executive session may be held on: HB 1302, HB 1367

SPECIAL COMMITTEE ON GENERAL LAWS

Wednesday, February 25, 2004, 8:00 a.m. Hearing Room 5.

Executive session will follow.

Public hearings to be held on: HB 1347, HB 1402, HB 1411

SPECIAL COMMITTEE ON URBAN ISSUES

Tuesday, February 24, 2004, 6:00 p.m. Hearing Room 2.

Executive session may follow.

Public hearings to be held on: HB 1097

TAX POLICY

Tuesday, February 24, 2004, 12:00 p.m. Hearing Room 7.

Executive session may follow.

Public hearings to be held on: HB 934, HB 1382, HB 1343, HB 1267

TOURISM AND CULTURAL AFFAIRS

Tuesday, February 24, 2004, 12:00 p.m. Hearing Room 5.

Possible Executive session.

Public hearings to be held on: HB 1132, HB 1337

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, February 25, 2004, 12:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 995, HB 996, HB 1366, HB 1405,

HB 976, HB 977, SCS SBs 1144, 919, & 874

Executive session may be held on: HB 1167, HB 1114, HB 937, HB 1080, HB 770,

HB 1109, HB 883, HB 1317, HB 1118, HB 1142, HB 1259, HB 1288, HB 1439

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, February 25, 2004, 12:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 1478, SB 932

HOUSE CALENDAR

TWENTY-SEVENTH DAY, TUESDAY, FEBRUARY 24, 2004

HOUSE BILLS FOR SECOND READING

HB 1546 through HB 1551

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1       HCS HJR 28 - Roark (139)

2       HCS HJR 39, 38, 42 & 47 - Engler (106)

HOUSE BILLS FOR PERFECTION

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

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

3       HCS HB 1041, as amended - Cunningham (86)

4       HCS HB 978 - Baker (123)

5       HCS HB 1380 - Lager (4)

6       HCS HB 1304 - Byrd (94)

HOUSE BILLS FOR PERFECTION - CONSENT

 (2/23/04)

1       HB 801 - Smith (118)

2       HCS HB 895 - Emery (126)

3       HB 923 - Holand (135)

4       HB 932 - Bivins (97)

5       HCS HB 955 - Portwood (92)

6       HB 960 - Roark (139)

7       HB 989 - Barnitz (150)

8       HB 1070 - Miller (133)

9       HB 1071 - Goodman (132)

10     HB 1107, HCA 1 - Crawford (117)

11     HB 1126 - Seigfreid (26)

12     HB 1149 - May (149)

13     HCS HB 1198 - Richard (129)

HOUSE BILLS FOR THIRD READING

1       HCS HB 980, (Budget 2-04-04) - Myers (160)

2       HS HCS HB 1268 & 1211, E.C. - Smith (118)

SENATE BILLS FOR SECOND READING

1       SB 951

2       SCS SB 952

3       SB 1012

4       SCS SB 1062

SENATE BILL FOR THIRD READING

SCS SB 1003 - Bean (163)