Journal of the House

Second Regular Session, 92nd General Assembly

THIRTY-THIRD DAY, Thursday, March 4, 2004

The House met pursuant to adjournment.

            Speaker Hanaway in the Chair.

            Prayer by Reverend Donald W. Lammers.

              (The steady rainfall suggests several lines from the Hebrew scripture.)

              Thus says the Lord:

              "I will give the seasonal rain to your land, the early rain and the late rain, that you may have your grain, wine and oil to gather in; and I will bring forth grass in your fields for your animals. Thus you may eat your fill." (Deuteronomy 11:14-15)

              Again, thus says the Lord:

              "Let justice descend, O heavens, like dew from above, like gentle rain let the skies drop it down. Let the earth open and salvation bud forth; let justice also spring up! I, the Lord, have created this." (Isaiah 45:8)

               Lord God, in accepting public office, we have accepted the task of cultivating the justice, which You have rained down. Help us to carry out this task worthily, so that justice may spring up everywhere, grow healthily and provide for the needs of all the people.

              We pray to You, who are our God forever. 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: Madeleine Irma Esther, Elise Scott, Justin Lees, Erin Smith, Damien Martin and Hannah DeVries.

            The Journal of the thirty-second day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

            House Resolution No. 892 - Representative Smith (14)

            House Resolution No. 893

                        and

House Resolution No. 894 - Representative Cunningham (145)

House Resolution No. 895 - Representative Richard

House Resolution No. 896 - Representative Pearce

House Resolution No. 897 - Representative Dusenberg

House Resolution No. 898 - Representative Pratt

House Resolution No. 899 - Representatives Seigfreid and Jackson

            House Resolution No. 900 - Representative Lager

            House Resolution No. 901 - Representative Liese

            House Resolution No. 902 - Representative Lipke

            House Resolution No. 903 - Representative Schoemehl

            House Resolution No. 904 - Representative Sanders Brooks, et al

            House Resolution No. 905 - Representative Fares

House Resolution No. 906 - Representative Munzlinger

House Resolution No. 907 - Representative Davis (122)

House Resolution No. 908 - Representative Smith (14), et al

House Resolution No. 909

                        and

House Resolution No. 910 - Representative Johnson (90)

House Resolution No. 911

                        through

House Resolution No. 913 - Representative Witte

            House Resolution No. 914

                        and

            House Resolution No. 915 - Representative Jetton

HOUSE CONCURRENT RESOLUTIONS

            Representative Sander, et al, offered House Concurrent Resolution No. 30.

            Representatives Holand and Seigfreid offered House Concurrent Resolution No. 31.

INTRODUCTION OF HOUSE BILLS

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

HB 1621, introduced by Representatives Hampton, LeVota and Pearce, relating to teacher retirement.

HB 1622, introduced by Representatives Wasson, Taylor, Richard, Stefanick, Dougherty, Schaaf, Kratky, Page and Ruestman, relating to cosmetology.

HB 1623, introduced by Representatives Sanders Brooks, Johnson (61), Wilson (42), Curls and El-Amin, relating to supervision of paroled persons.

HB 1624, introduced by Representative Mayer, relating to grain indemnity program.

HB 1625, introduced by Representative Muckler, relating to local use taxes.

HB 1626, introduced by Representatives Stevenson, Phillips and Wilson (130), relating to the interstate compact for juveniles.

HB 1627, introduced by Representatives Sutherland and Myers, relating to the large carnivore act.

HB 1628, introduced by Representatives Stefanick, Dempsey and Brown, relating to business license taxes.

HB 1629, introduced by Representatives Dempsey, Schneider, Baker, Stefanick, Bough, Nieves, Cunningham (86), Moore, Bivins, Schaaf, Parker, Luetkemeyer, Deeken, Cooper (155), Morris, Threlkeld, Lembke, Bean and Myers, relating to school bus seat belts.

HB 1630, introduced by Representatives May, Wildberger, Cooper (155) and Schaaf, relating to the registered surgical assistant and registered surgical technologist title protection act.

HB 1631, introduced by Representatives Dixon, Jones, Sanders Brooks, Walton, Parker, Hoskins, Hubbard, Johnson (61), Thompson, Bland, Walker, Fraser, Witte, Whorton, Wright, Sander, Myers and Townley, relating to supervision of paroled persons.

HB 1632, introduced by Representatives Hampton and Crawford, relating to donated venison.

HB 1633, introduced by Representatives Bruns, Deeken and Crawford, relating to possession of child pornography.

HB 1634, introduced by Representative Behnen, relating to military discharge records.

SECOND READING OF HOUSE BILLS

            HB 1615 through HB 1620 were read the second time.

            Representative Icet assumed the Chair.

THIRD READING OF HOUSE BILLS

            HCS HB 1338, relating to buyers' clubs, was taken up by Representative Wood.

            On motion of Representative Wood, HCS HB 1338 was read the third time and passed by the following vote:

            Representative Icet declared the bill passed.

            HB 841, relating to containers on watercraft, was taken up by Representative Angst.

            On motion of Representative Angst, HB 841 was read the third time and passed by the following vote:

            Representative Icet declared the bill passed.

HOUSE BILL WITH SENATE AMENDMENT

            SCS HB 916, relating to identity theft, was taken up by Representative Brown.

            On motion of Representative Brown, SCS HB 916 was adopted by the following vote:

            On motion of Representative Brown, SCS HB 916 was truly agreed to and finally passed by the following vote:

            Representative Icet declared the bill passed.

SENATE CONCURRENT RESOLUTION

            SCR 33, relating to Lambert Airport flights, was taken up by Representative Villa.

            On motion of Representative Villa, SCR 33 was adopted by the following vote:

PERFECTION OF HOUSE BILL

            HCS HB 1055, as amended, relating to sexual offenses, was taken up by Representative Bruns.

            Representative Dixon offered House Amendment No. 3.

House Amendment No. 3

AMEND House Committee Substitute for House Bill No. 1055, Page 1, Section A, Line 3, by inserting immediately after said line the following:

              “43.651. The patrol shall, subject to appropriation, maintain a one page web page on the Internet which shall be open to the public and shall include links to all sex offender registry web sites maintained by any county in the state.”; and

              Further amend said bill, Page 1, Section 566.141, Line 5, by inserting immediately after said line the following:

              “566.147. 1. Any person who has pleaded guilty or nolo contendere to, or been convicted of, or been found guilty of violating any of the provisions of this chapter or the provisions of section 565.253, RSMo, invasion of privacy; subsection 2 of section 568.020, RSMo, incest; section 568.045, RSMo, endangering the welfare of a child in the first degree; subsection 2 of section 568.080, RSMo, use of a child in a sexual performance; section 568.090, RSMo, promoting a sexual performance by a child; section 573.023, RSMo, sexual exploitation of a minor; section 573.025, RSMo, promoting child pornography in the first degree; section 573.035, RSMo, promoting child pornography in the second degree; section 573.037, RSMo, possession of child pornography, or section 573.040, RSMo, furnishing pornographic material to minors; shall not establish residency within one thousand feet of any public school as defined in section 160.011, RSMo, or any private school giving instruction in a grade or grades not higher than the twelfth grade, or child care facility as defined in section 210.201, RSMo, which is in existence at the time such residency is established.

              2. If such person has already established a residence and a public school, a private school, or child care facility is subsequently built or placed within one thousand feet of such person's residence, then such person shall, within one week of the opening of such public school, private school, or child care facility, notify the county sheriff where such public school, private school, or child care facility is located that he or she is now residing within one thousand feet of such public school, private school, or child care facility and shall provide verifiable proof to the sheriff that he or she resided there prior to the opening of such public school, private school, or child care facility.

              3. Violation of the provisions of subsection 1 of this section is a class D felony except that the second or any subsequent violation is a class B felony. Violation of the provisions of subsection 2 of this section is a class A misdemeanor except that the second or subsequent violations is a class D felony.”; and

              Further amend said bill, Page 2, Section 573.037, Line 7 of said page, by inserting after said line the following:

              “589.400. 1. Sections 589.400 to 589.425 shall apply to:

              (1) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, or attempting to commit, a felony offense of chapter 566, RSMo, or any offense of chapter 566, RSMo, where the victim is a minor; or

              (2) Any person who, since July 1, 1979, has been or is hereafter convicted of, been found guilty of, or pled guilty or nolo contendere to committing, or attempting to commit one or more of the following offenses: kidnapping, pursuant to section 565.110, RSMo; felonious restraint; promoting prostitution in the first degree; promoting prostitution in the second degree; promoting prostitution in the third degree; sexual exploitation of a minor; promoting child pornography in the first degree; promoting child pornography in the second degree; possession of child pornography; furnishing pornographic material to minors; public display of explicit sexual material; coercing acceptance of obscene material; promoting obscenity in the first degree; promoting pornography for minors or obscenity in the second degree; incest; abuse of a child, pursuant to section 568.060, RSMo; use of a child in a sexual performance; or promoting sexual performance by a child; and committed or attempted to commit the offense against a victim who is a minor, defined for the purposes of sections 589.400 to 589.425 as a person under eighteen years of age; or

              (3) Any person who, since July 1, 1979, has been committed to the department of mental health as a criminal sexual psychopath; or

              (4) Any person who, since July 1, 1979, has been found not guilty as a result of mental disease or defect of any offense listed in subdivision (1) or (2) of this subsection; or

              (5) Any person who is a resident of this state who has, since July 1, 1979, or is hereafter convicted of, been found guilty of, or pled guilty to or nolo contendere in any other state or under federal jurisdiction to committing, or attempting to commit, an offense which, if committed in this state, would be a violation of chapter 566, RSMo, or a felony violation of any offense listed in subdivision (2) of this subsection or has been or is required to register in another state or has been or is required to register under federal or military law; or

              (6) Any person who has been or is required to register in another state or has been or is required to register under federal or military law and who works or attends school or training on a full-time or on a part-time basis in Missouri. "Part-time" in this subdivision means for more than fourteen days in any twelve-month period.

              2. Any person to whom sections 589.400 to 589.425 apply shall, within ten days of conviction, release from incarceration, or placement upon probation, register with the chief law enforcement official of the county in which such person resides unless such person has already registered in that county for the same offense. Any person to whom sections 589.400 to 589.425 apply if not currently registered in their county of residence shall register with the chief law enforcement official of such county within ten days of August 28, 2003. The chief law enforcement official shall forward a copy of the registration form required by section 589.407 to a city, town, village, or campus law enforcement agency located within the county of the chief law enforcement official, if so requested. Such request may ask the chief law enforcement official to forward copies of all registration forms filed with such official. The chief law enforcement official may forward a copy of such registration form to any city, town, village, or campus law enforcement agency, if so requested.

              3. The registration requirements of sections 589.400 through 589.425 are lifetime registration requirements unless all offenses requiring registration are reversed, vacated or set aside or unless the registrant is pardoned of the offenses requiring registration.

              4. For processing an initial sex offender registration the chief law enforcement officer of the county may charge the offender registering a fee of up to ten dollars.

              5. For processing any change in registration required pursuant to section 589.414 the chief law enforcement official of the county may charge the person changing their registration a fee of five dollars for each change made after the initial registration.

              589.425. 1. Any person who is required to register pursuant to sections 589.400 to 589.425 and does not meet all requirements of sections 589.400 to 589.425 is guilty of a class [A misdemeanor] D felony.

              2. Any person who commits a second or subsequent violation of subsection 1 of this section is guilty of a class [D] C felony.”; and

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

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

            Representative Corcoran offered House Amendment No. 4.

House Amendment No. 4

AMEND House Committee Substitute for House Bill No. 1055, Page 2, Section 573.037, Line 7, by inserting after all of said line the following:

              "573.040. 1. A person commits the crime of furnishing pornographic material to minors if, knowing its content and character, he or she:

              (1) Furnishes any material pornographic for minors, knowing that the person to whom it is furnished is a minor or acting in reckless disregard of the likelihood that such person is a minor; or

              (2) Produces, presents, directs or participates in any performance pornographic for minors that is furnished to a minor knowing that any person viewing such performance is a minor or acting in reckless disregard of the likelihood that a minor is viewing the performance; or

              (3) Furnishes, produces, presents, directs, participates in any performance or otherwise makes available material that is pornographic for minors via computer, electronic transfer, Internet or computer network if the person made the matter available to a specific individual known by the defendant to be a minor.

              2. Furnishing pornographic material to minors is a class A misdemeanor unless the person has pleaded guilty to or has been found guilty of an offense committed at a different time pursuant to this [section committed at a different time] chapter, chapter 566 or chapter 568, RSMo, in which case it is a class D felony.”; and

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

            On motion of Representative Corcoran, House Amendment No. 4 was adopted by the following vote:

            Representative Jolly offered House Amendment No. 5.

            House Amendment No. 5 was withdrawn.

            Representative Jolly offered House Amendment No. 6.

House Amendment No. 6

AMEND House Committee Substitute for House Bill No. 1055, Page 1, Section A, Line 3, by inserting immediately after said line the following:

              “566.083. 1. A person commits the crime of sexual misconduct involving a child if the person:

              (1) Knowingly exposes the person's genitals to a child less than fourteen years of age in a manner that would cause a reasonable adult to believe that the conduct is likely to cause affront or alarm to a child less than fourteen years of age;

              (2) Knowingly exposes the person's genitals to a child less than fourteen years of age for the purpose of arousing or gratifying the sexual desire of any person, including the child; or

              (3) Coerces or induces a child less than fourteen years of age to expose the child's genitals for the purpose of arousing or gratifying the sexual desire of any person, including the child.

              2. As used in this section, the term "sexual act" means any of the following, whether performed or engaged in either with any other person or alone: sexual or anal intercourse, masturbation, bestiality, sadism, masochism, fetishism, fellatio, cunnilingus, any other sexual activity or nudity, if such nudity is to be depicted for the purpose of sexual stimulation or gratification of any individual who may view such depiction.

              3. Violation of this section is a class D felony unless the actor has previously pleaded guilty to or been convicted of an offense pursuant to this chapter or the actor has previously pleaded guilty to or has been convicted of an offense against the laws of another state or jurisdiction which would constitute an offense under chapter 566.”; and

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

            On motion of Representative Jolly, House Amendment No. 6 was adopted.

            Representative Witte offered House Amendment No. 7.

House Amendment No. 7

AMEND House Committee Substitute for House Bill No. 1055, Page 2, Section 573.037, Line 7, by inserting after said line the following:

              “589.415. 1. Any probation officer or parole officer assigned to a sexual offender who is required to register pursuant to sections 589.400 to 589.425, shall notify the appropriate law enforcement officials whenever the officer has reason to believe that the offender will be changing his or her residence. Upon obtaining the new address where the offender expects to reside, the officer shall report such address to the chief law enforcement official with whom the offender last registered and the chief law enforcement official of the county having jurisdiction over the new residence, if different. The officer shall also inform the offender of the offender’s duty to register. However, nothing in this section shall affect the offender’s duty to register, pursuant to sections 589.400 to 589.425.

              2. As used in this section, the term “probation officer” includes any agent of a private entity providing probation supervision services.”; and

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

            On motion of Representative Witte, House Amendment No. 7 was adopted.

            Representative Johnson (90) offered House Amendment No. 8.

House Amendment No. 8

AMEND House Committee Substitute for House Bill No. 1055, Page 1, Section A, Line 3, by inserting immediately at the end of said line the following:

              "566.093. 1. A person commits the crime of sexual misconduct in the second degree if he:

              (1) Exposes his genitals under circumstances in which he or she knows that [his] such conduct is likely to cause affront or alarm; or

              (2) Has sexual contact in the presence of a third person or persons under circumstances in which he or she knows that such conduct is likely to cause affront or alarm or while being in a public place in the presence of another person or persons.

              2. Sexual misconduct in the second degree is a class B misdemeanor unless the actor has previously been convicted of an offense under this chapter, in which case it is a class A misdemeanor.

              566.095. 1. A person commits the crime of sexual misconduct in the third degree if he or she solicits or requests another person to engage in sexual conduct under circumstances in which he or she knows that [his] such requests or solicitation is likely to cause affront or alarm or while being in a public place in the presence of another person or persons.

              2. Sexual misconduct in the third degree is a class C misdemeanor."; and

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

            On motion of Representative Johnson (90), House Amendment No. 8 was adopted.

            HCS HB 1055, as amended, was laid over.

            Speaker Hanaway resumed the Chair.

SIGNING OF HOUSE BILL

            All other business of the House was suspended while HCS HBs 950 & 948 was read at length and, there being no objection, was signed by the Speaker to the end that the same may become law.

REFERRAL OF HOUSE RESOLUTIONS

            The following House Resolutions were referred to the Committee indicated:

HR 756 - Small Business

HR 796 - Rules

REFERRAL OF HOUSE CONCURRENT RESOLUTIONS

            The following House Concurrent Resolutions were referred to the Committee indicated:

HCR 6 - Budget

HCR 9 - Senior Security

HCR 13 - Judiciary

HCR 15 - Tourism and Cultural Affairs

HCR 21 - Agriculture

HCR 22 - Communications, Energy and Technology

HCR 24 - Rules

HCR 29 - Agriculture

REFERRAL OF HOUSE JOINT RESOLUTION

            The following House Joint Resolution was referred to the Committee indicated:

HJR 53 - Tax Policy

REFERRAL OF HOUSE BILLS

            The following House Bills were referred to the Committee indicated:

HB 775 - Tax Policy

HB 829 - Agriculture

HB 872 - Homeland Security and Veterans Affairs

HB 882 - Crime Prevention and Public Safety

HB 886 - Local Government

HB 887 - Professional Registration and Licensing

HB 888 - Education

HB 889 - Tax Policy

HB 890 - Crime Prevention and Public Safety

HB 891 - Small Business

HB 892 - Transportation and Motor Vehicles

HB 894 - Senior Security

HB 897 - Education

HB 906 - Elections

HB 907 - Transportation and Motor Vehicles

HB 908 - Job Creation and Economic Development

HB 909 - Transportation and Motor Vehicles

HB 922 - Transportation and Motor Vehicles

HB 928 - Transportation and Motor Vehicles

HB 929 - Crime Prevention and Public Safety

HB 930 - Education

HB 943 - Senior Security

HB 1082 - Crime Prevention and Public Safety

HB 1130 - Budget

HB 1189 - Education

HB 1204 - Senior Security

HB 1208 - Workforce Development and Workplace Safety

HB 1219 - Crime Prevention and Public Safety

HB 1220 - Elections

HB 1221 - Judiciary

HB 1254 - Transportation and Motor Vehicles

HB 1255 - Special Committee on Urban Issues

HB 1261 - Local Government

HB 1269 - Judiciary

HB 1282 - Transportation and Motor Vehicles

HB 1292 - Local Government

HB 1293 - Children and Families

HB 1295 - Judiciary

HB 1297 - Tax Policy

HB 1319 - Elections

HB 1324 - Tax Policy

HB 1326 - Conservation and Natural Resources

HB 1335 - Transportation and Motor Vehicles

HB 1353 - Workforce Development and Workplace Safety

HB 1365 - Professional Registration and Licensing

HB 1415 - Agriculture

HB 1416 - Agriculture

HB 1428 - Judiciary

HB 1448 - Education

HB 1457 - Conservation and Natural Resources

HB 1463 - Senior Security

HB 1508 - Children and Families

HB 1510 - Financial Services

HB 1519 - Education

HB 1522 - Professional Registration and Licensing

HB 1525 - Transportation and Motor Vehicles

HB 1546 - Agriculture

HB 1551 - Children and Families

HB 1563 - Health Care Policy

HB 1566 - Special Committee on General Laws

HB 1567 - Conservation and Natural Resources

HB 1570 - Financial Services

HB 1571 - Local Government

HB 1572 - Small Business

HB 1579 - Children and Families

HB 1581 - Small Business

HB 1582 - Transportation and Motor Vehicles

HB 1583 - Transportation and Motor Vehicles

HB 1584 - Crime Prevention and Public Safety

HB 1585 - Crime Prevention and Public Safety

HB 1586 - Local Government

HB 1605 - Health Care Policy

HB 1607 - Local Government

HB 1608 - Local Government

HB 1615 - Job Creation and Economic Development

HB 1616 - Judiciary

HB 1617 - Judiciary

REFERRAL OF SENATE CONCURRENT RESOLUTION

            The following Senate Concurrent Resolution was referred to the Committee indicated:

SCR 35 - Corrections and State Institutions

REFERRAL OF SENATE JOINT RESOLUTION

            The following Senate Joint Resolution was referred to the Committee indicated:

SJR 29 - Children and Families

REFERRAL OF SENATE BILLS

            The following Senate Bills were referred to the Committee indicated:

SB 781 - Judiciary

SB 783 - Tourism and Cultural Affairs

SB 803 - Education

SB 808 - Conservation and Natural Resources

SCS SB 837 - Tax Policy

SCS SB 859 - Local Government

SCS SB 969 - Education

SCS SB 1038 - Financial Services

SB 1052 - Education

SCS SB 1062 - Local Government

SB 1075 - Local Government

SB 1100 - Judiciary

COMMITTEE REPORTS

            Committee on Conservation and Natural Resources, Chairman Townley reporting:

            Madam Speaker: Your Committee on Conservation and Natural Resources, to which was referred HJR 35, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Crime Prevention and Public Safety, Chairman Mayer reporting:

            Madam Speaker: Your Committee on Crime Prevention and Public Safety, to which was referred HB 1183, begs leave to report it has examined the same and recommends that it Do Pass.

            Committee on Elections, Chairman May reporting:

            Madam Speaker: Your Committee on Elections, to which was referred HB 1092, begs leave to report it has examined the same and recommends that it Do Pass.

            Madam Speaker: Your Committee on Elections, to which was referred HB 1150, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Financial Services, Chairman Luetkemeyer reporting:

            Madam Speaker: Your Committee on Financial Services, to which was referred HB 959, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Madam Speaker: Your Committee on Financial Services, to which was referred HB 1278, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Health Care Policy, Chairman Holand reporting:

            Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 852, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Madam Speaker: Your Committee on Health Care Policy, to which was referred HB 855, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Judiciary, Chairman Byrd reporting:

            Madam Speaker: Your Committee on Judiciary, to which was referred HB 1115, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

            Committee on Tax Policy, Chairman Cooper (120) reporting:

            Madam Speaker: Your Committee on Tax Policy, to which was referred HB 1290, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

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 SCS SB 700, entitled:

            An act to repeal section 135.207, RSMo, and to enact in lieu thereof two new sections relating to enterprise zones.

              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 SS SCS SBs 740, 886 & 1178, entitled:

              An act to repeal sections 148.330, 263.534, 267.470, 267.472, 267.475, 267.480, 267.485, 267.490, 267.495, 267.500, 267.505, 267.510, 267.515, 267.520, 267.525, 267.531, 267.535, 267.540, 267.545, 267.550, 267.551, 267.552, 267.553, 267.554, 267.555, 267.556, 348.406, 348.410, 348.412, 348.430, and 348.432, RSMo, and to enact in lieu thereof twenty-one new sections relating to agriculture programs.

            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 827, entitled:

              An act to repeal section 512.020, RSMo, and to enact in lieu thereof one new section relating to interlocutory appeals in class actions.

            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 870, entitled:

            An act to amend chapter 226, RSMo, by adding thereto one new section relating to billboards, with penalty provisions.

            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 878, entitled:

            An act to repeal section 393.310, RSMo, and to enact in lieu thereof one new section relating to gas corporations and experimental tariffs, with a termination date.

            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 920, entitled:

            An act to repeal sections 306.165, 306.167, and 542.261, RSMo, and to enact in lieu thereof four new sections relating to the Missouri state water patrol.

            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 921, entitled:

            An act to repeal section 217.375, RSMo, and to enact in lieu thereof one new section relating to administrative segregation of offenders, with an emergency clause.

            Emergency clause adopted.

            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 1045, entitled:

              An act to amend chapter 574, RSMo, by adding thereto one new section relating to the burning of crosses, with penalty provisions.

            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 1106, entitled:

            An act to authorize the governor to convey a tract of land owned by the state to the St. Joseph Museum, Inc., with an emergency clause.

            Emergency clause adopted.

            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 1107, entitled:

            An act to authorize the governor to convey a tract of land owned by the state to the St. Joseph School District.

            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 SRB 1108, entitled:

            An act to repeal sections 72.424, 105.268, 144.036, 277.200, 277.201, 277.202, 277.206, 277.209, 277.212, 277.215, 319.023, 400.9-629, and 620.1310, RSMo, for the purpose of repealing expired and outdated sections.

            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 1197, entitled:

            An act to repeal section 67.797, RSMo, and to enact in lieu thereof one new section relating to recreational district board members.

            In which the concurrence of the House is respectfully requested.

            The following member's presence was noted: Lawson.

ADJOURNMENT

            On motion of Representative Crowell, the House adjourned until 4:00 p.m., Monday, March 8, 2004.

CORRECTION TO THE HOUSE JOURNAL

AFFIDAVIT

I, State Representative Jenee' Lowe, District 44, hereby state and affirm that my vote as recorded on Pages 478 and 479 of the House Journal for Wednesday, March 3, 2004 showing that I voted absent with leave 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 4th day of March 2004.

                                                                                                    /s/ Jenee' Lowe

                                                                                                         State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 4th day of March in the year 2004.

                                                                                                    /s/ Stephen S. Davis

                                                                                                         Chief Clerk

___________

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, March 9, 2004, 12:00 p.m. Hearing Room 1.

Possible Executive session.

Public hearings to be held on: HB 1238, HB 1507

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, March 9, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up. Executive session may follow. AMENDED

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, March 10, 2004, 8:00 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up. Executive session may follow. AMENDED

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, March 11, 2004, 8:15 a.m. Hearing Room 3.

Departments of Health, Mental Health, and Social Services.

Possible mark up. Executive session may follow. AMENDED

COMMUNICATIONS, ENERGY AND TECHNOLOGY

Tuesday, March 9, 2004, Hearing Room 3 upon morning adjournment.

Executive session may follow.

Public hearings to be held on: HB 1493, HB 1328, HB 1340

CONSERVATION AND NATURAL RESOURCES

Wednesday, March 10, 2004, 12:00 p.m. Hearing Room 5.

Executive session may follow.

Public hearings to be held on: HR 390, HB 1433, HB 1536

CORRECTIONS AND STATE INSTITUTIONS

Wednesday, March 10, 2004, Hearing Room 7 upon evening adjournment or 5:00 p.m.

Public hearings to be held on: HB 1444

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, March 9, 2004, 5:00 p.m. Hearing Room 3.

Executive session may follow.

Public hearings to be held on: HB 1482, HB 1427, HB 1403, HB 1479, HB 1447,

HB 1505, HB 1400

ELECTIONS

Tuesday, March 9, 2004, 5:00 p.m. Hearing Room 7.

Executive session will precede the hearing.

Public hearings to be held on: HB 1265, HJR 37, HJR 46

Executive session will be held on: HB 1249, HB 1494

Executive session may be held on: HJR 29

FINANCIAL SERVICES

Tuesday, March 9, 2004, 12:00 p.m. Hearing Room 6.

Public hearings to be held on: HB 1027, HB 1231, HB 1285

Executive session will be held on: HB 1090, HB 1233, HB 1253

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Monday, March 8, 2004, 1:00 p.m. Hearing Room 7.

Report from the Revision Subcommittee. Oversight program evaluation on the Office of

Administration, Division of Facilities Management, state leasing practices.

Any other business. CANCELLED

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, March 11, 2004, 1:00 p.m. Hearing Room 1.

Report from Revision Subcommittee. Oversight program evaluation on Office of Administration,

Division of Facilities Management, State Leasing Practices and any other business.

JOINT COMMITTEE ON OUT-OF-SCHOOL PROGRAMS

Monday, March 8, 2004, 9:30 a.m. Hearing Room 6.

Review draft of 2002 Interim Committee Report.

Department of Elementary and Secondary Education.

JOINT COMMITTEE ON TRANSPORTATION OVERSIGHT

Monday, March 29, 2004, 1:00 p.m. Senate Lounge.

Topics for discussion. Remarks from MoDOT, Inspector General,

MoDOT cleanup legislation, One Stop Shop.

LOCAL GOVERNMENT

Monday, March 8, 2004, 3:00 p.m. Hearing Room 6.

Executive session will follow.

Public hearings to be held on: HB 1407, HB 1560, SCS SB 952

TAX POLICY

Tuesday, March 9, 2004, 12:00 p.m. Hearing Room 7.

Public hearings to be held on: HB 881, HB 1032, HB 1067, HB 1210, HB 1158

Executive session may be held on: HB 971, HB 859, HB 1099

TOURISM AND CULTURAL AFFAIRS

Tuesday, March 9, 2004, 12:00 p.m. Hearing Room 5.

Possible Executive session.

Public hearings to be held on: HB 1547

HOUSE CALENDAR

THIRTY-FOURTH DAY, MONDAY, MARCH 8, 2004

HOUSE BILLS FOR SECOND READING

HB 1621 through HB 1634

HOUSE JOINT RESOLUTIONS FOR PERFECTION

1          HCS HJR 28 - Roark (139)

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

3          HCS HJR 35 - Dethrow (153)

HOUSE BILLS FOR PERFECTION

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

2          HCS HB 1041, as amended, HSA 1 for HA 10 and HA 10, pending - Cunningham (86)

3          HCS HB 978 - Baker (123)

4          HCS HB 1380 - Lager (4)

5          HCS HB 1304, HS, as amended, pending - Byrd (94)

6          HCS HB 1055, as amended - Bruns (113)

7          HCS HB 1305 - Byrd (94)

8          HCS HB 1215 - Engler (106)

9          HCS HB 898 - Johnson (47)

10        HCS HB 852 - Holand (135)

11        HCS HB 1290 - Portwood (92)

12        HCS HB 1278 - Luetkemeyer (115)

13        HCS HB 855 - Holand (135)

14        HCS HB 959 - Luetkemeyer (115)

15        HCS HB 1150 - May (149)

16        HB 1092 - Deeken (114)

17        HCS HB 1115 - Dempsey (18)

18        HB 1183 - Mayer (159)

HOUSE BILLS FOR PERFECTION - CONSENT

 (3/04/04)

1          HCS HB 1363 - Fares (91)

2          HCS HB 1439 - Crawford (117)

3          HB 826 - Kelly (144)

4          HB 1291 - Pearce (121)

5          HB 956 - May (149)

6          HB 1398 - Lager (4)

7          HCS HB 1399 - Lager (4)

8          HB 1259 - Threlkeld (109)

9          HB 1317 - Kingery (154)

10        HB 937 - Moore (20)

11        HB 904 - Luetkemeyer (115)

12        HB 824 - Seigfreid (26)

13        HCS HB 883 - Graham (24)

14        HB 884 - Ward (107)

15        HCS HB 912 - Page (82)

16        HB 1029, HCA 1 - Henke (11)

17        HB 1114 - Skaggs (31)

18        HB 1142, HCA 1 - Daus (67)

19        HCS HB 1171 - Rector (124)

20        HCS HB 1192 - Schlottach (111)

21        HB 1223 - Ward (107)

22        HCS HB 1471 - Brooks (37)

HOUSE BILLS FOR THIRD READING - CONSENT

1          HB 801 - Smith (118)

2          HCS HB 895, s (97)

5          HCS HB 955 - Portwood (92)

6          HB 960 - Roark (139)

7          HB 989, E.C. - Barnitz (150)

8          HB 1070 - Miller (133)

9          HB 1071, E.C. - 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)

14        HCS HB 833 - Luetkemeyer (115)

15        HB 938 - Luetkemeyer (115)

16        HCS HB 947 - Crawford (117)

17        HB 962 - May (149)

18        HB 975 - Johnson (47)

19        HCS HB 998 & 905 - Sutherland (99)

20        HB 1047 - Guest (5)

21        HCS HB 1209 - Jetton (156)

22        HB 1275 - Wilson (130)

SENATE BILLS FOR SECOND READING

1          SCS SB 700

2          SS SCS SBs 740, 886, 1178

3          SCS SB 827

4          SB 870

5          SCS SB 878

6          SB 920

7          SCS SB 921

8          SCS SB 1045

9          SCS SB 1106

10        SB 1107

11        SCS SB 1197

12        SRB 1108

VETOED HOUSE BILL

HCR 5 - Byrd (94)