Journal of the House

First Regular Session, 92nd General Assembly

FORTY-THIRD DAY, Monday, March 31, 2003

            Representative May in the Chair.

            Prayer by Dr. James Johnston, Pastor, Morse Mill Baptist Church.

              Our gracious and kind heavenly Father, I praise You for Your mercy and grace that You lovingly extend to us through our Lord Jesus Christ. Because You are Lord of this nation, help us to trust and live according to Your will in righteousness and justice. I pray for Your watch and care over our men and women as they are engaged in Operation Iraqi Freedom. I thank You for those who stand in harm’s way in order to gain freedom for the Iraqi people and to preserve and protect us from terrorist’s attacks at home and abroad.

              I pray for Your guidance, wisdom, courage, and strength for our state legislators as they make decisions that will affect our state. I pray that You will be with their families while they are away from home.

              Dear Lord, please help us to be good managers of Your beautiful world that You created. And please help us to protect the innocent and defenseless unborn children, many of whom are in more danger of their lives than our own soldiers in combat.

              Please help our nation to return to the godly principles upon which it was founded, before You have to send judgment upon us as You have other nations in the past who have forgotten You.

              Again, I pray Your special blessings and guidance upon these state legislators as they meet. Dear Lord, help us all to surrender our lives to You so that we may be instruments in Your hands to bring revival to our nation.

              In Jesus name. Amen.

            The Pledge of Allegiance to the flag was recited.

            The Journal of the forty-second day was approved as corrected by the following vote:

HOUSE RESOLUTION

            Representative Hanaway offered House Resolution No. 1086.

HOUSE CONCURRENT RESOLUTION

         Representative Brown, et al, offered House Concurrent Resolution No. 29.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

         House Resolution No. 1039 - Representative Schneider

         House Resolution No. 1040 - Representative Goodman

House Resolution No. 1041 - Representative Wilson (130)

House Resolution No. 1042 - Representative Deeken

House Resolution No. 1043 - Representative Walker

House Resolution No. 1044

                        through

House Resolution No. 1047 - Representative Sanders Brooks

         House Resolution No. 1048 - Representative Behnen

House Resolution No. 1049 - Representative Engler

House Resolution No. 1050 - Representative Munzlinger

House Resolution No. 1051

through

House Resolution No. 1057 - Representative Hobbs

         House Resolution No. 1058 - Representative George

House Resolution No. 1059 - Representative Hanaway

House Resolution No. 1060

through

         House Resolution No. 1073 - Representative Stefanick

         House Resolution No. 1074

and

House Resolution No. 1075 - Representative Goodman

House Resolution No. 1076 - Representative Sanders Brooks

House Resolution No. 1077 - Representative Rector

House Resolution No. 1078 - Representative Bruns

House Resolution No. 1079

and

House Resolution No. 1080 - Representative Cooper (120)

House Resolution No. 1081

through

House Resolution No. 1084 - Representative Kratky

House Resolution No. 1085 - Representative Shoemaker (8)

         House Resolution No. 1087

through

House Resolution No. 1142 - Representative Black

House Resolution No. 1143

                        through

House Resolution No. 1149 - Representative Jetton

House Resolution No. 1150 - Representatives Hunter and Ruestman

House Resolution No. 1151 - Representative Johnson (61)

House Resolution No. 1152 - Representative Selby

House Resolution No. 1153 - Representative Lager

         House Resolution No. 1154 - Representatives Harris (110) and Kuessner

House Resolution No. 1155 - Representative Schoemehl

House Resolution No. 1156 - Representative Lager

         House Resolution No. 1157 - Representative Wright

INTRODUCTION OF HOUSE CONCURRENT RESOLUTION

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

HCR 28, introduced by Representative Lager, relating to the designation of the William "Bill" Lark Memorial Highway.

INTRODUCTION OF HOUSE BILLS

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

HB 709, introduced by Representatives Brown, Dusenberg, Ervin, Yates, Phillips, Reinhart and Dougherty, et al, relating to police officers.

HB 710, introduced by Representatives Bruns and Wildberger, relating to workers' compensation.

SECOND READING OF HOUSE BILLS

         HB 706 through HB 708 were read the second time.

SECOND READING OF SENATE BILLS

         SB 207, SS SCS SB 264 and SS SCS SB 298 were read the second time.

PERFECTION OF HOUSE BILL

         HCS HB 380, relating to securities regulation, was taken up by Representative Byrd.

         Representative Harris (23) offered House Amendment No. 1.

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 380, Page 52, Section 409.6-603, Line 19, by deleting the word “ten” and substituting in lieu thereof the word “fifteen”; and

           Further amend on Line 20, by deleting the words “one million” and inserting in lieu thereof the words “one and one-half million”; and

           Further amend title, enacting clause and intersectional references accordingly.

         Representative Johnson (90) offered House Substitute Amendment No. 1 for House Amendment No. 1.

House Substitute Amendment No. 1

for

House Amendment No. 1

AMEND House Committee Substitute for House Bill No. 380, Page 52, Section 409.6-603, Line 19, by deleting the word “ten” and inserting in lieu thereof the word “twenty”; and

           Further amend on Line 20, by deleting the words “one million” and inserting in lieu thereof the words “two million”; and

           Further amend title, enacting clause and intersectional references accordingly.

         Representative Johnson (90) moved that House Substitute Amendment No. 1 for House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         Representative Harris (23) moved that House Amendment No. 1 be adopted.

         Which motion was defeated by the following vote:

         Representative Sager offered House Amendment No. 2.

House Amendment No. 2

AMEND House Committee Substitute for House Bill No. 380, Page 51, Section 409.6-602, Line 55, by inserting after said line the following;

          “Upon application of the individual to the circuit court of any county of the state or the city of St. Louis, or a court of another state to enforce compliance. The testimony, record, or other evidence compelled under such an order shall be sealed. If the order to seal the record is violated, the violator shall be subject to civil and criminal penalties for contempt of court.”

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

         Which motion was defeated.

         On motion of Representative Byrd, HCS HB 380 was adopted.

         On motion of Representative Byrd, HCS HB 380 was ordered perfected and printed.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

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

HCR 29 - Homeland Security and Veterans Affairs

MESSAGE 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 427, entitled:

         An act to repeal sections 409.101, 409.102, 409.201, 409.202, 409.203, 409.204, 409.301, 409.302, 409.303, 409.304, 409.305, 409.306, 409.307, 409.401, 409.402, 409.403, 409.404, 409.405, 409.406, 409.407, 409.408, 409.409, 409.410, 409.411, 409.412, 409.413, 409.414, 409.415, 409.416, 409.418, 409.420, and 409.421, RSMo, and to enact in lieu thereof fifty-three new sections relating to securities regulation, with penalty provisions.

         In which the concurrence of the House is respectfully requested.

MESSAGE FROM THE GOVERNOR

EXECUTIVE OFFICE

March 21, 2003

TO THE CHIEF CLERK OF THE

HOUSE OF REPRESENTATIVES

FIRST REGULAR SESSION

92ND GENERAL ASSEMBLY

STATE OF MISSOURI

Herewith I return to you Conference Committee Substitute for Senate Committee Substitute for House Bill No. 15 entitled:

"AN ACT"

To appropriate money for supplemental purposes for the several departments and offices of state government, and for the payment of various claims for refunds, for persons, firms, and corporations, and for other purposes, and to transfer money among certain funds, from the funds designated for the fiscal period ending June 30, 2003.

On March 21, 2003, I approved said Conference Committee Substitute for Senate Committee Substitute for House Bill No. 15.

                                                                                             Respectfully submitted,

                                                                                      /s/   Bob Holden

                                                                                             Governor

ADJOURNMENT

      On motion of Representative Richard, the House adjourned until 10:00 a.m., Tuesday, April 1, 2003.

CORRECTIONS TO THE HOUSE JOURNAL

AFFIDAVITS

I, State Representative Marilyn Ruestman, District 131, hereby state and affirm that my vote as recorded on Page 815 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ Marilyn Ruestman

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Jason Crowell, District 158, hereby state and affirm that my vote as recorded on Pages 824, 826 and 827 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ Jason Crowell

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Ed Wildberger, District 27, hereby state and affirm that my vote as recorded on Page 827 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ Ed Wildberger

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Christopher Shoemaker, District 8, hereby state and affirm that my vote as recorded on Page 829 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ Christopher Shoemaker

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Larry Taylor, District 68, hereby state and affirm that my vote as recorded on Page 829 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ Larry Taylor

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative Mark Wright, District 137, hereby state and affirm that my vote as recorded on Page 829 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ Mark Wright

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

___________

I, State Representative John Burnett, District 40, hereby state and affirm that my vote as recorded on Page 831 of the House Journal for Thursday, March 20, 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 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 31st day of March 2003.

                                                                                      /s/ John Burnett

                                                                                           State Representative

State of Missouri               )

                                           ) ss.

County of Cole                  )

Subscribed and sworn to before me this 31st day of March in the year 2003.

                                                                                      /s/ Stephen S. Davis

                                                                                           Chief Clerk

COMMITTEE MEETINGS

AGRICULTURE

Tuesday, April 1, 2003, 12:00 p.m. Hearing Room 1.

Possible Executive Session.

Public Hearing to be held on: HB 457, HB 494, HB 638

AGRICULTURE

Wednesday, April 2, 2003, 8:00 a.m. Hearing Room 1.

Possible Executive Session.

Public Hearing to be held on: HB 436, SB 36, SB 84

BUDGET

Tuesday, April 1, 2003, 8:00 a.m. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: HB 52, HB 134, HB 158, HB 652, HJR 3

CHILDREN AND FAMILIES

Tuesday, April 1, 2003, 5:00 p.m. Hearing Room 1.

Executive Session may follow on HB 396 and HB 679.

Public Hearing to be held on: HB 679

CONSERVATION AND NATURAL RESOURCES

Wednesday, April 2, 2003, 12:00 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 447, HB 620, HJR 20

CRIME PREVENTION AND PUBLIC SAFETY

Tuesday, April 1, 2003, 5:00 p.m. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: HB 227, HB 411, HB 538, HB 539, HB 567, HB 656

Executive Session to be held on: HB 471

ELECTIONS

Tuesday, April 1, 2003, 5:00 p.m. Hearing Room 7.

Executive Session will precede the hearing.

Public Hearing to be held on: HB 544, HB 577, HB 657, SB 57

Executive Session to be held on: HB 537, SB 29, SB 50

ETHICS

Tuesday, April 1, 2003, 5:00 p.m. Hearing Room 4.

MO Democrats for Life, Friends of CMSU, NCOIL and 2nd Congressional District Caucuses.

FINANCIAL SERVICES

Tuesday, April 1, 2003, 12:00 p.m. Hearing Room 6.

Possible Executive Session on HB 559.

Public Hearing to be held on: HB 460, HB 616

HOMELAND SECURITY AND VETERANS AFFAIRS

Tuesday, April 1, 2003, 5:00 p.m. Hearing Room 5.

Executive Session may follow.

Public Hearing to be held on: HB 632, HCR 19, SB 325

JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, April 2, 2003, 12:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 569, SB 310

JUDICIARY

Wednesday, April 2, 2003, 8:00 a.m. Hearing Room 6. AMENDED NOTICE

Public Hearing to be held on: HB 98, HB 213, HB 373, HB 382,

HB 504, HB 593, SB 203

Executive Session to be held on: HB 44, HB 98, HB 105, HB 213, HB 373,

HB 500, HB 504, HB 593, SB 203

JUDICIARY

Wednesday, April 2, 2003, 12:00 p.m. Hearing Room 1.

Committee will take up any bills that were not completed at the 8:00 a.m. hearing.

LOCAL GOVERNMENT

Thursday, April 3, 2003, 8:30 a.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: SB 14, SB 68, SB 130, SB 218, SB 282, SB 383

PROFESSIONAL REGISTRATION AND LICENSING

Tuesday, April 1, 2003, 12:00 p.m. Hearing Room 4.

Public Hearing to be held on: HB 509, HB 522, HB 646

SENIOR SECURITY

Tuesday, April 1, 2003, 5:00 p.m. Hearing Room 6.

Executive Session may follow.

Public Hearing to be held on: HB 540, SB 391

SMALL BUSINESS

Wednesday, April 2, 2003. 12:00 p.m. or upon morning recess. Hearing Room 4.

Executive Session may follow.

Public Hearing to be held on: HB 480

TOURISM AND CULTURAL AFFAIRS

Tuesday, April 1, 2003, 12:00 p.m. Hearing Room 3.

Public Hearing to be held on: HB 631

TRANSPORTATION AND MOTOR VEHICLES

Wednesday, April 2, 2003, 12:00 p.m. Hearing Room 7.

Public Hearing to be held on: HB 466, HB 614, SB 289, SB 314

HOUSE CALENDAR

FORTY-FOURTH DAY, TUESDAY, APRIL 1, 2003

HOUSE CONCURRENT RESOLUTION FOR SECOND READING

HCR 28

HOUSE BILLS FOR SECOND READING

HB 709 and HB 710

HOUSE BILLS FOR PERFECTION

1       HCS HB 132, 173, 117 & 48 - Wright

2       HCS HB 346 & 174 - Dempsey

3       HB 511 - Deeken

4       HB 267 - Smith (118)

5       HCS HB 215, 218, 115 & 83 - Myers

6       HCS HB 190 & 214 - Fares

7       HCS HB 51 - Mayer

8       HCS HB 387 - Pearce

9       HCS HB 109 & 34 - Fares

10     HCS HB 404, 324, 403, 344, 426 & 541 - Rector

11     HB 263 - Cooper (120)

12     HB 470 - Mayer

13     HB 668, HCAs 1, 2, 3, 4, 5, 6, 7 & 8 - Crawford

14     HB 182 - May

15     HB 444 - Jackson

HOUSE BILL FOR THIRD READING

HS HCS HB 517, 94, 149, 150 & 342, E.C. (Budget 3-10-03) - Portwood

SENATE BILL FOR SECOND READING

SCS SB 427

SENATE BILL FOR THIRD READING

SCS SB 299 & 40 - Bearden