Journal of the House

First Regular Session, 92nd General Assembly

SEVENTH DAY, Tuesday, January 21, 2003

         Representative Miller in the Chair.

         Prayer by Reverend James Earl Jackson.

           Heavenly Father, God of grace and mercy, even as it is written , “I will bless the Lord who has counseled me” so may we receive Your counsel this morning.

           You have purposed us in Your love; therefore, we prosper by Your grace and by Your mercy.

           May we gain new points of balance in our understanding.

           In Your mercy, enlarge our awareness and viewpoint.

           Father, as we conduct the necessary business of this day, may new details of Your truth be opened or deepened in our minds.

           May we quickly respond to Your guidance.

           Now, may the grace of our Lord, and the love of God, and the fellowship of the Holy Spirit be 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 sixth day was approved as corrected by the following vote:

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HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 87

                        and

House Resolution No. 88 - Representative Harris (23)

House Resolution No. 89 - Representative Page

House Resolution No. 90 - Representative Reinhart

House Resolution No. 91 - Representative Bishop

House Resolution No. 92 - Representative Walton

House Resolution No. 93 - Representative St. Onge

House Resolution No. 94 - Representative Phillips

         House Resolution No. 95 - Representative Salva

         House Resolution No. 96 - Representative Shoemyer (9)

         House Resolution No. 97 - Representative Wilson (119)

         House Resolution No. 98 - Representative Adams

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SECOND READING OF HOUSE JOINT RESOLUTION

         HJR 8 was read the second time.

SECOND READING OF HOUSE BILLS

         HB 197 through HB 219 were read the second time.

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INTRODUCTION OF HOUSE JOINT RESOLUTION

         The following House Joint Resolution was read the first time and copies ordered printed:

HJR 9, introduced by Representatives Parker, Stevenson, Smith (14) and Crowell, et al, relating to term limits.

INTRODUCTION OF HOUSE BILLS

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

HB 220, introduced by Representative Johnson (90), relating to law enforcement officers' health impairment.

HB 221, introduced by Representatives Luetkemeyer, Pearce and Parker, et al, relating to banking.

HB 222, introduced by Representative Luetkemeyer, et al, relating to fishing contests.

HB 223, introduced by Representatives Riback Wilson (25), Bland, Wilson (42), Thompson, Hubbard, Jones, Walton, Boykins, Campbell and Walker, et al, relating to the death penalty.

HB 224, introduced by Representative Luetkemeyer, relating to health insurance administration.

HB 225, introduced by Representative Luetkemeyer, relating to sufficiency of health insurance networks.

HB 226, introduced by Representatives Holand and Hampton, relating to the conservation commission.

HB 227, introduced by Representative Willoughby, relating to criminal history record information.

HB 228, introduced by Representatives Smith (14), Bearden, Graham, Cunningham (86), Bruns, Shoemaker (8) and Hanaway, et al, relating to unsolicited commercial electronic mail.

HB 229, introduced by Representatives Wright, Portwood, Dixon, Cunningham (86), Phillips, Bruns, Shoemaker (8) and Davis (19), et al, relating to sexual offenses.

HB 230, introduced by Representatives Jolly, Burnett and Sager, relating to sexual offender treatment.

HB 231, introduced by Representatives Jolly, Marsh and Willoughby, relating to sentencing.

HB 232, introduced by Representatives Jolly, Johnson (90), Sager, Harris (23), Mayer, Wildberger and Willoughby, relating to the family care safety registry.

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REFERRAL OF HOUSE BILLS

         The following House Bills were referred to the Committee indicated:

HB 152 - Retirement

HB 154 - Judiciary

HB 156 - Health Care Policy

HB 160 - Transportation and Motor Vehicles

HB 162 - Transportation and Motor Vehicles

HB 163 - Crime Prevention and Public Safety

HB 164 - Crime Prevention and Public Safety

HB 165 - Crime Prevention and Public Safety

HB 166 - Local Government

HB 167 - Crime Prevention and Public Safety

HB 168 - Crime Prevention and Public Safety

HB 170 - Transportation and Motor Vehicles

HB 171 - Professional Registration and Licensing

HB 173 - Education

HB 174 - Retirement

HB 176 - Crime Prevention and Public Safety

HB 177 - Tax Policy

HB 178 - Transportation and Motor Vehicles

HB 180 - Retirement

HB 181 - Local Government

HB 182 - Conservation and Natural Resources

HB 183 - Judiciary

HB 184 - Judiciary

HB 187 - Transportation and Motor Vehicles

HB 188 - Crime Prevention and Public Safety

HB 189 - Education

HB 190 - Tax Policy

HB 191 - Tax Policy

HB 192 - Health Care Policy

HB 193 - Financial Services

HB 194 - Crime Prevention and Public Safety

HB 195 - Retirement

HB 197 - Job Creation and Economic Development

HB 198 - Crime Prevention and Public Safety

HB 202 - Health Care Policy

HB 204 - Job Creation and Economic Development

HB 205 - Conservation and Natural Resources

HB 206 - Tax Policy

HB 208 - Communications, Energy and Technology

REFERRAL OF SENATE CONCURRENT RESOLUTION

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

SCR 1 - Rules

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COMMITTEE REPORT

         Committee on Rules, Chairman Crowell reporting:

         Madam Speaker: Your Committee on Rules, to which was referred HCR 6, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

HOUSE COMMITTEE SUBSTITUTE

FOR

HOUSE CONCURRENT RESOLUTION NO. 6

Rejecting the amount of increase in compensation for public officials as recommended by the Citizen's Commission on Compensation for Elected Officials.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

           Whereas, in November 1994, the people of Missouri established in the Missouri Constitution an independent citizen's commission that was given primary responsibility to establish a schedule of compensation for public officials based upon a review and study of the duties of elected state officials, judges and members of the General Assembly; and

           Whereas, the Commission has faithfully undertaken its responsibility and submitted a compensation schedule that provides for an increase in compensation for the affected public officials in the amount of 5.8% and an increase for judges in the amount of $6,000 per year; and

           Whereas, the percentage increase recommended by the Citizen's Commission on Compensation for Elected Officials was based upon recommendations made by the Personnel Advisory Board and the Missouri Commission on Total Compensation for all state employees for fiscal year 2004; and

           Whereas, the Citizen's Commission report makes clear that the Commission intended public officials should be treated the same as all other state employees; and

           Whereas, the increases ultimately adopted for all state employees may well not be those recommended by the Commission when its schedule was approved and filed; and

           Whereas, the General Assembly believes that public officials and judges should not receive any cost-of-living increase in compensation, if at all, in excess of the average salary adjustment provided to other state employees; and

           Whereas, the Missouri Constitution clearly provides that the recommendations of the Commission are subject to appropriations, and therefor may be reduced or rejected by the General Assembly and no increase shall take effect unless and until appropriated:

           Now, therefore, be it resolved by the members of the House of Representatives of the Ninety-second General Assembly, First Regular Session, the Senate concurring therein, that we hereby reject the Compensation Schedule of the 2002 Report and Compensation Schedule of the Missouri Citizens Commission on Compensation for Elected Officials dated, November 27, 2002.

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COMMUNICATION

January 21, 2003

Steve Davis, Chief Clerk

Missouri House of Representatives

State Capitol Building

Jefferson City, MO 65101

Dear Steve,

Pursuant to Chapter 105.456 of the Missouri Revised Statutes, I am unable to continue to serve as an adjunct professor at Missouri Southern State College while serving in the Missouri General Assembly. I have officially resigned from my position as an adjunct professor effective December 20, 2002.

Pursuant to Chapter 105.461 RSMo this letter is an official report that my wife, Regina Kay Stevenson continues to serve as an adjunct professor at Missouri Southern State College starting January 1, 2003. She will be compensated $1,600.00 for each semester that she teaches.

In order for me to comply with Chapter 105.461, please publish this report in the Journal of the House.

Very truly yours,

/s/ Bryan Stevenson

         The following members’ presence was noted: Carnahan, Wagner, Haywood, Boykins and Walton.

ADJOURNMENT

         On motion of Representative Parker, the House adjourned until 10:00 a.m., Wednesday, January 22, 2003.

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CORRECTIONS TO THE HOUSE JOURNAL

         Correct House Journal, Sixth Day, Thursday, January 16, 2003, page 107, line 42, by deleting said line and inserting in lieu thereof the following:

         Hunter, Steve

         Page 115, line 28, by deleting said line and inserting in lieu thereof the following:

         Wilson, Vicky Riback

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COMMITTEE MEETINGS

APPROPRIATIONS - AGRICULTURE AND NATURAL RESOURCES

Wednesday, January 22, 2003, 3:00 p.m.

Hearing Room 4. Organizational meeting.

APPROPRIATIONS - EDUCATION

Wednesday, January 22, 2003, 3:00 p.m.

Hearing Room 1. Organizational meeting.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 22, 2003, 5:00 p.m.

Hearing Room 7. Organizational meeting. Public Debt.

CORRECTED NOTICE.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, January 22, 2003, 3:00 p.m.

Hearing Room 5. Organizational meeting.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Wednesday, January 22, 2003, 3:00 p.m.

Hearing Room 3. Organizational meeting.

APPROPRIATIONS - TRANSPORTATION AND ECONOMIC DEVELOPMENT

Wednesday, January 22, 2003, 3:00 p.m.

Hearing Room 7. Organizational meeting.

BUDGET

Wednesday, January 22, 2003, 8:00 a.m.

Hearing Room 3. Linda Luebbering, Budget Director,

Office of Administration, Division of Budget and Planning.

CHILDREN AND FAMILIES

Wednesday, January 22, 2003, 7:00 p.m. Hearing Room 1.

Executive Session to be held on: HB 185

CONSERVATION AND NATURAL RESOURCES

Wednesday, January 22, 2003.

Hearing Room 5 upon morning adjournment.

Organizational meeting.

EDUCATION

Wednesday, January 22, 2003, 5:00 p.m.

HR 3. Presentation Department Elementary/Secondary Education,

Overview of Department Services, Budget and No Child Left Behind Law.

HEALTH CARE POLICY

Wednesday, January 22, 2003, 5:00 p.m. Hearing Room 6.

Organizational meeting. AMENDED NOTICE. Executive Session may follow.

Public Hearing to be held on: HB 112

HOMELAND SECURITY AND VETERANS AFFAIRS

Wednesday, January 22, 2003, 5:00 p.m. Senate Lounge.

This will be a joint meeting with the Senate Veterans Committee.

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, January 22, 2003, 12:00 p.m.

Hearing Room 6. Organizational meeting.

LOCAL GOVERNMENT

Thursday, January 23, 2003, 8:30 a.m. Hearing Room 6.

Organizational meeting.

Public Hearing to be held on: HB 79, HB 80, HB 122

RETIREMENT

Thursday, January 23, 2003, 8:30 a.m. Hearing Room 7.

Organizational meeting.

RULES

Thursday, January 23, 2003, 8:00 a.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: SCR 1

TOURISM AND CULTURAL AFFAIRS

Tuesday, January 28, 2003, 12:00 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 144

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, January 22, 2003, 12:00 p.m.

Hearing Room 7. Organizational meeting.

WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, January 22, 2003, 12:00 noon.

Hearing Room 3. Organizational Meeting.

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HOUSE CALENDAR

EIGHTH DAY, WEDNESDAY, JANUARY 22, 2003

HOUSE JOINT RESOLUTION FOR SECOND READING

HJR 9

HOUSE BILLS FOR SECOND READING

HB 220 through HB 232

HOUSE CONCURRENT RESOLUTION FOR THIRD READING

HCS HCR 6 - Bruns (1-21-03)