Journal of the House

First Regular Session, 92nd General Assembly

TWENTIETH DAY, Wednesday, February 12, 2003

         Speaker Hanaway in the Chair.

         Prayer by Reverend James Earl Jackson.

           Heavenly Father, our Shelter and Strength, it is written, “I will instruct you in the way which you should go, I will counsel you”, even so instruct and counsel us in the way we should go throughout this day.

           We receive our provision of wisdom and ability for this day and openly acknowledge our desire and express our request that You overflow our lives with Your understanding that we might come to favored solutions.

           As always, we pray for our families that You may watch between us and them while we are absent from one another. May they prosper in all they do.

           Now, may the grace of our Lord, and the love of God be with us all.

           In the name of Your Son we pray. 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: Samantha Hill, Tabitha Hill, Clayton Hill, Jackson Hill, Tony Blankenship, Lindsey Hoerath, Brenna Kretzer, Josh Bird, Drielle Cole and Krystal White.

         The Journal of the nineteenth day was approved as corrected by the following vote:

HOUSE CONCURRENT RESOLUTION

         Representative Bivins, et al, offered House Concurrent Resolution No. 16.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 332

                        through

House Resolution No. 334 - Representative Crowell

         House Resolution No. 335

                        through

         House Resolution No. 337 - Representative Lipke

         House Resolution No. 338 - Representative Myers

House Resolution No. 339 - Representative Schaaf

House Resolution No. 340 - Representative Byrd

House Resolution No. 341

                        through

House Resolution No. 354 - Representative Hobbs

         House Resolution No. 355 - Representatives Richard and Jackson

House Resolution No. 356

                        and

House Resolution No. 357 - Representative Parker

         House Resolution No. 358 - Representatives Walsh and Vogt

         House Resolution No. 359 - Representative Bringer

         House Resolution No. 360 - Representative Schoemehl

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 15, introduced by Representative Behnen, et al, relating to the designation of March 6th as Lymphedema D-Day in Missouri.

INTRODUCTION OF HOUSE BILLS

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

HB 451, introduced by Representatives Byrd, Jetton, Crowell, Moore, Munzlinger and Schaaf, et al, relating to the state employees' protection act.

HB 452, introduced by Representative Portwood, relating to architects.

HB 453, introduced by Representative Myers, relating to employment security.

HB 454, introduced by Representative Smith (118), relating to office space for public defenders.

HB 455, introduced by Representatives Thompson, Johnson (61), Bland, Hoskins, El-Amin, Selby, Hanaway and Hubbard, et al, relating to health insurance.

HB 456, introduced by Representatives Haywood, Jones, Davis (122), Hampton, Johnson (90), Villa and Bland, et al, relating to transportation department employees' and highway patrol retirement system.

HB 457, introduced by Representatives Shoemyer (9) and Whorton, et al, relating to the seed availability and competition act.

HB 458, introduced by Representative Riback Wilson (25), relating solely to the creation of an earned income tax credit.

SECOND READING OF HOUSE BILLS

         HB 437 through HB 450 were read the second time.

PERFECTION OF HOUSE BILL

         HCS HBs 122 & 80, relating to the mass transportation system sales tax, was taken up by Representative Johnson (47).

         Speaker Pro Tem Jetton assumed the Chair.

         On motion of Representative Johnson (47), HCS HBs 122 & 80 was adopted.

         On motion of Representative Johnson (47), HCS HBs 122 & 80 was ordered perfected and printed.

PERFECTION OF HOUSE BILL - FEDERAL MANDATE

         HB 74, relating to unemployment for Indian tribes, was taken up by Representative St. Onge.

         On motion of Representative St. Onge, HB 74 was ordered perfected and printed.

         Speaker Hanaway resumed the Chair.

PERFECTION OF HOUSE BILL

         Representative Crowell moved that Rule 39(a) be suspended in order for the House to take up and perfect HB 401.

         Which motion was adopted by the following vote:

         HB 401, relating to tobacco securitization, was taken up by Representative Pratt.

         Representative Campbell offered House Amendment No. 1.

House Amendment No. 1

AMEND House Bill No. 401, Page 3, Section 8.550, Line 65, by deleting the words “one hundred [seventy-five]” and inserting in lieu thereof the words “[one hundred seventy-five] two hundred sixty-three”; and

          Further amend said bill, Page 3, Section 8.550, Line 67, by deleting the words “three hundred” and inserting in lieu thereof the words “one hundred thirty-seven”.

         Representative Campbell moved that House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         Representative Abel offered House Amendment No. 2.

House Amendment No. 2

AMEND House Bill No. 401, Page 3, Section 8.550, Line 67, by deleting the word “three” and inserting in lieu thereof the word “one”.

         Representative Abel moved that House Amendment No. 2 be adopted.

         Which motion was defeated by the following vote:

         Representative Crowell moved the previous question.

         Which motion was adopted by the following vote:

         On motion of Representative Pratt, HB 401 was ordered perfected and printed by the following vote:

REFERRAL OF HOUSE BILL

         The following House Bill was referred to the Committee indicated:

HCS HB 288 - Budget (Fiscal Note)

COMMITTEE REPORTS

         Committee on Education, Chairman Cunningham (86) reporting:

         Madam Speaker: Your Committee on Education, to which was referred HB 132, HB 173, HB 117 and HB 48, 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 73, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Job Creation and Economic Development, Chairman Dempsey reporting:

         Madam Speaker: Your Committee on Job Creation and Economic Development, to which was referred HB 228, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         Committee on Tax Policy, Chairman Cooper reporting:

         Madam Speaker: Your Committee on Tax Policy, to which was referred HB 263, begs leave to report it has examined the same and recommends that it Do Pass.

         Committee on Workforce Development and Workplace Safety, Chairman Hunter reporting:

         Madam Speaker: Your Committee on Workforce Development and Workplace Safety, to which was referred HB 321, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass.

         The following member's presence was noted: Wagner.

ADJOURNMENT

         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Thursday, February 13, 2003.

CORRECTIONS TO THE HOUSE JOURNAL

I, State Representative Schoemehl, District 100, hereby state and affirm that my vote as recorded on page 313 of the House Journal for February 11, 2003 showing that I voted no was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted yes. 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 12th day of February 2003.

                                                                                      /s/ Sue Schoemehl

                                                                                           State Representative

State of Missouri )

                            ) ss.

County of Cole    )

Subscribed and sworn to before me this 12 day of February in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Brown, District 30, hereby state and affirm that my vote as recorded on page 313 of the House Journal for February 11, 2003 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 no. 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 12th day of February 2003.

                                                                                      /s/ Jason Brown

                                                                                           State Representative

State of Missouri )

                            ) ss.

County of Cole    )

Subscribed and sworn to before me this February 12 day of February in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

COMMITTEE MEETINGS

APPROPRIATIONS - GENERAL ADMINISTRATION

Thursday, February 13, 2003. Hearing Room 7 upon morning adjournment.

Mark-up: Public Debt, Department of Revenue, Office of Administration,

Elected Officials, Judiciary, Public Defender, etc.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 13, 2003, 8:15 a.m. Hearing Room 3.

Department of Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Thursday, February 13, 2003. Hearing Room 3 upon morning adjournment.

Department of Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Monday, February 17, 2003, 9:00 a.m. Hearing Room 3.

Mark-up. Department of Health and Senior Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 18, 2003, 8:00 a.m. Hearing Room 3.

Mark-up. Department of Mental Health.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, February 18, 2003, 2:30 p.m. Hearing Room 3.

Mark-up. Department of Mental Health.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 19, 2003, 8:00 a.m. Hearing Room 3.

Public testimony. Department of Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, February 19, 2003, 2:30 p.m. Hearing Room 3.

Public testimony. Department of Social Services.

APPROPRIATIONS - PUBLIC SAFETY AND CORRECTIONS

Monday, February 17, 2003, 12:00 noon. Hearing Room 6.

Mark-up. Public Safety and Corrections.

JOINT COMMITTEE ON LEGISLATIVE RESEARCH

Thursday, February 13, 2003. Hearing Room 6 upon morning adjournment of

both Chambers.

LOCAL GOVERNMENT

Thursday, February 13, 2003, 8:30 a.m. Hearing Room 6. AMENDED NOTICE

Executive Session may follow.

Public Hearing to be held on: HB 267, HB 268, HB 292, HB 294

RETIREMENT

Thursday, February 13, 2003, 8:30 a.m. Hearing Room 7.

Public Hearing to be held on: HB 346

TOURISM AND CULTURAL AFFAIRS

Thursday, February 13, 2003, 9:00 a.m. House Lounge.

Joint meeting with Senate Economic Development,

Tourism and Local Government Committee.

HOUSE CALENDAR

TWENTY-FIRST DAY, THURSDAY, FEBRUARY 13, 2003

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 15

HOUSE BILLS FOR SECOND READING

HB 451 through HB 458

HOUSE BILLS FOR PERFECTION

HCS HB 73 - Luetkemeyer

HCS HB 228 - Pearce

HOUSE BILLS FOR THIRD READING

HCS HB 122 & 80 - Johnson (47)

HCS HB 288 - Jetton (Budget 2-12-03)

HB 401, E.C. - Pratt

HOUSE BILL FOR THIRD READING - FEDERAL MANDATE

HB 74, E.C. - St. Onge