Journal of the House

Second Regular Session, 91st General Assembly

FORTY-FOURTH DAY, Tuesday, April 2, 2002

Speaker Kreider in the Chair.

Prayer by Father David Buescher.

Come Spirit of God, Come.

Free this House from all reluctance that these men and women may give freely and totally of what they have and what they are. Send Your transforming fire into their hearts and into our state. Renew the face of the earth.

Come Spirit of God, Come.

Teach all of us Your immeasurable generosity. Empower our leaders to welcome the stranger, to heal the broken-hearted, to calm the distressed. May we all love without measure everyone who enters our life.

Come Spirit of God, Come.

Remove all fear from the hearts of all here present, and grace us all with trust in love's enduring power. May we all be vital and joyful instruments of Your growth and peace in a world that knows too much violence and pain.

COME SPIRIT OF GOD, COME!

(This prayer has been slightly adapted for use in the House of Representatives from a prayer by Robert Morneau of Wisconsin.)

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: Kim Klipsch, Patricia Ruzicka, Maggie Sueme and Erin Anselman.

The Journal of the forty-third day was approved as corrected.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 940 - Representative Scott

House Resolution No. 941 - Representative Burton, et al

House Resolution No. 942

and

House Resolution No. 943 - Representative Cunningham

House Resolution No. 944 - Representative Shelton

House Resolution No. 945 - Representative Surface

House Resolution No. 946

through

House Resolution No. 950 - Representative Jetton

House Resolution No. 951 - Representative Mayer

House Resolution No. 952

through

House Resolution No. 963 - Representative Naeger

House Resolution No. 964

through

House Resolution No. 967 - Representative Reinhart

House Resolution No. 968

and

House Resolution No. 969 - Representative Richardson

House Resolution No. 970

through

House Resolution No. 977 - Representative Crowell

House Resolution No. 978 - Representative Liese, et al

House Resolution No. 979

through

House Resolution No. 981 - Representative Rector

House Resolution No. 982 - Representatives Rector and Bartle

House Resolution No. 983 - Representatives Rector and Marble

House Resolution No. 984 - Representatives Rector and Kelley (47)

House Resolution No. 985 - Representatives Rector and Hoppe

House Resolution No. 986

through

House Resolution No. 999 - Representative Johnson (90)

House Resolution No. 1000 - Representative Champion, et al

House Resolution No. 1001 - Representative Champion

House Resolution No. 1002

and

House Resolution No. 1003 - Representative Kreider

House Resolution No. 1004 - Representative Bartelsmeyer

House Resolution No. 1005 - Representative Abel

House Resolution No. 1006 - Representative Barnett

House Resolution No. 1007

and

House Resolution No. 1008 - Representative Luetkemeyer

House Resolution No. 1009

through

House Resolution No. 1023 - Representative Schwab

SECOND READING OF HOUSE CONCURRENT RESOLUTION

HCR 38 was read the second time.

SECOND READING OF SENATE BILLS

SCS SB 680, SCS SB 732, SS SCS SBs 817, 978 & 700, SCS SB 957, SCS SB 1093, SB 1124, SCS SB 1137, SCS SB 1202, SCS SB 1207, SCS SB 1212, SB 1213, SB 1217, SB 1220, SCS SB 1227, SB 1244, SB 1247, SCS SB 1258 and SCS SB 1259 were read the second time.

COMMITTEE REPORTS

Committee on Rules, Joint Rules and Bills Perfected and Printed, Chairman Crump reporting:

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HR 933, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE RESOLUTION NO. 933

WHEREAS, the budget of the State of Missouri is required by the Missouri Constitution to balance revenues and expenditures; and

WHEREAS, revenue projections, mandatory expenditures, and constitutionally set spending priorities make passing the budget for fiscal year 2003 extraordinarily difficult; and

WHEREAS, the House Committee on Budget has scrutinized the budget as recommended by the governor and will report appropriations bills to the House which represent the best effort to balance revenues and expenditures for fiscal year 2003:

NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-first General Assembly, in the perfection of appropriations bills for fiscal year 2003, will observe the following procedure, which shall for purposes of parliamentary rulings be regarded as a definitive statement of the practice of the House:

"1. No amendment to any appropriations bill shall be in order that increases the total amount of general revenue appropriated in the bill as it was reported from the Committee on Budget, except that for the operating budget (House Bills Nos. 1101 to 1112) any increase in the general revenue appropriated in a bill may also be balanced

(1) by a decrease in general revenue appropriation which results from adoption of an amendment to another operating budget bill in a manner that does not increase the total of general revenue appropriated by all of the operating budget bills considered in the aggregate as they were reported from the Committee on Budget; or

(2) by an increase in appropriation to the General Revenue Fund from the Budget Reserve Fund (House Bill No. 1114).

2. Any member offering an increasing amendment to be balanced by a decreasing amendment to another operating budget bill shall submit the amendments together. If the decreasing amendment applies to the pending bill and the amendment is adopted, the increasing amendment shall be taken up when the bill it applies to is taken up. If the decreasing amendment applies to a bill that has not been perfected, the decreasing amendment shall be taken up and disposed of first by going to the bill to be amended by the decreasing amendment. If the decreasing amendment is adopted, the increasing amendment shall be taken up next. If the decreasing amendment is not adopted, the increasing amendment shall not be in order. Decreasing amendments shall clearly state where the increased amount of moneys would be appropriated in the event that the corresponding increasing amendment is adopted.

3. Any member offering an increasing amendment to the operating budget to be balanced by an increase in appropriation from the Budget Reserve Fund shall submit the amendments together. The amendment to House Bill No. 1114 shall be taken up and disposed of first by going to House Bill No. 1114. For adoption the amendment to House Bill No. 1114 shall require approval by two-thirds of the members elected. If the amendment to House Bill 1114 is adopted, the increasing amendment to the operating budget bill shall be taken up next. If the amendment to House Bill No. 1114 is not adopted, the increasing amendment shall not be in order.".

Mr. Speaker: Your Committee on Rules, Joint Rules and Bills Perfected and Printed, to which was referred HB 1306 and HB 1926, begs leave to report it has examined the same and finds them to be truly perfected and that the printed copies thereof furnished the members are correct.

SUPPLEMENTAL CALENDAR

April 2, 2002

HOUSE RESOLUTION

HCS HR 933 - Green (73)

THIRD READING OF HOUSE BILLS - CONSENT

HB 1242, relating to a special license plate, was taken up by Representative Griesheimer.

On motion of Representative Griesheimer, HB 1242 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1075, relating to abandoned vehicles, was taken up by Representative Griesheimer.

On motion of Representative Griesheimer, HB 1075 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1320, relating to a special license plate, was taken up by Representative Reid.

On motion of Representative Reid, HB 1320 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1515, relating to honorary high school diplomas, was taken up by Representative Burton.

On motion of Representative Burton, HB 1515 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1569, relating to waste tires, was taken up by Representative Davis.

On motion of Representative Davis, HB 1569 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1795, relating to conveyance in several counties, was taken up by Representative Berkowitz.

On motion of Representative Berkowitz, HB 1795 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1265, relating to registration with selective service, was taken up by Representative Gratz.

On motion of Representative Gratz, HB 1265 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1849, relating to conveyance in Crawford county, was taken up by Representative Barnitz.

On motion of Representative Barnitz, HB 1849 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1745, relating to a memorial highway, was taken up by Representative Koller.

On motion of Representative Koller, HB 1745 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1400, relating to a memorial bridge, was taken up by Representative Merideth.

On motion of Representative Merideth, HB 1400 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1141, relating to a memorial highway, was taken up by Representative Naeger.

On motion of Representative Naeger, HB 1141 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1270, relating to special permits for oversized vehicles, was taken up by Representative Gratz.

On motion of Representative Gratz, HB 1270 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1783, relating to Missouri Commission for the Deaf, was taken up by Representative Lowe.

On motion of Representative Lowe, HB 1783 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1768, relating to judgment liens on real estate, was taken up by Representative Hosmer.

On motion of Representative Hosmer, HB 1768 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1814, relating to orders of protection, was taken up by Representative Monaco.

On motion of Representative Monaco, HB 1814 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1712, relating to secured transactions, was taken up by Representative Monaco.

On motion of Representative Monaco, HB 1712 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HB 1895, relating to electronic justice information, was taken up by Representative Carnahan.

On motion of Representative Carnahan, HB 1895 was read the third time and passed by the following vote:

Speaker Kreider declared the bill passed.

HOUSE RESOLUTION

HCS HR 933, relating to the budget, was taken up by Representative Green (73).

Representative Kelley (47) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Resolution No. 933, Page 2, Section 3, Line 15, by adding the words:

"An amendment may be offered to increase an amount to any bill and have the money taken from the money set aside for supplemental, as long as the total for all such amendments are below 50 million dollars."

On motion of Representative Kelley (47), House Amendment No. 1 was adopted.

On motion of Representative Green (73), HCS HR 933, as amended, was adopted.

On motion of Representative Green (73), HCS HR 933, as amended, was adopted by the following vote:

Speaker Pro Tem Abel assumed the Chair.

RECONSIDERATION

Representative Relford, having voted on the prevailing side, moved that the vote by which HB 1412 was defeated on Third Reading - Consent, be reconsidered.

Which motion was adopted by the following vote: