Journal of the House


First Regular Session, 92nd General Assembly




FORTY-EIGHTH DAY, Tuesday, April 8, 2003


         Speaker Hanaway in the Chair.


         Prayer by Reverend James Earl Jackson.


          Heavenly Father, Our Source of Strength, it is written, "When I am afraid, I will put my trust in You”, even so we trust in You in the midst of fearful and stressful times.


          You are, indeed, the Source of everything: Strength for our day, wisdom for our task, grace for every battle, provision for each need, assistance for every encounter, and comfort for our soul.


          Open our eyes that we might see victories rather than failures, progress rather than confusion, opportunities rather than opposition.


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


          To You be the glory, both now and forevermore.


          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: Kaylee Conley, Jenna Eck, Katie Eiskina and Kimberly Heidlage.


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


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

House Resolution No. 1472

                     through

House Resolution No. 1478 - Representative Avery

         House Resolution No. 1479

                     through

         House Resolution No. 1492 - Representative Fares

House Resolution No. 1493

                     through

House Resolution No. 1506 - Representatives Bivins and Lembke

         House Resolution No. 1507 - Representative Shoemyer (9)



         House Resolution No. 1508

                     and

         House Resolution No. 1509 - Representative Dixon

         House Resolution No. 1510

                     and

         House Resolution No. 1511 - Representative Skaggs


INTRODUCTION OF HOUSE BILL


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


HB 732, introduced by Representatives Dixon and Viebrock, relating to compensation for those released from the department of corrections after post-conviction DNA testing.


SECOND READING OF HOUSE JOINT RESOLUTION


         HJR 25 was read the second time.


SECOND READING OF HOUSE BILLS


         HB 730 and HB 731 were read the second time.


SECOND READING OF HOUSE BILLS - APPROPRIATIONS


         HB 16, HB 17, HB 18 and HB 20 were read the second time.


SECOND READING OF SENATE CONCURRENT RESOLUTION


         SS SCS SCR 13 was read the second time.


PERFECTION OF HOUSE BILLS


         HB 470, relating to methamphetamine materials, was taken up by Representative Mayer.


         Representative Mayer offered HS HB 470.


         Representative Goodman offered House Amendment No. 1.


House Amendment No. 1


AMEND House Substitute for House Bill No. 470, Page 1, Line 5, by inserting the word "precursors" after the word "methamphetamine".


         On motion of Representative Goodman, House Amendment No. 1 was adopted.


         Representative Seigfreid offered House Amendment No. 2.


House Amendment No. 2


AMEND House Substitute for House Bill No. 470, Page 2, Section 195.417, Line 8, by deleting the words "six feet" and inserting in lieu thereof the words "line of sight".


         Representative Stevenson offered House Substitute Amendment No. 1 for House Amendment No. 2.


         Representative Purgason assumed the Chair.


         House Substitute Amendment No. 1 for House Amendment No. 2 was withdrawn.


         Representative Jolly offered House Substitute Amendment No. 2 for House Amendment No. 2.


House Substitute Amendment No. 2

for

House Amendment No. 2


AMEND House Substitute for House Bill No. 470, Page 2, Line 8, by inserting immediately after the word "feet" the words "and an unobstructed view".


         On motion of Representative Jolly, House Substitute Amendment No. 2 for House Amendment No. 2 was adopted.


         Representative Stevenson offered House Amendment No. 3.


House Amendment No. 3


AMEND House Substitute for House Bill No. 470, Page 2, Section 195.417.2, Line 11, by inserting after the word "that" on said line the following:


          "utilizes a product tag and detection alarm which".


         On motion of Representative Stevenson, House Amendment No. 3 was adopted by the following vote:


AYES: 094

 

 

 

 

 

 

 

 

 

Angst

Avery

Baker

Bean

Bearden

Behnen

Bivins

Black

Bough

Bringer

Brown

Bruns

Byrd

Cooper 120

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Daus

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Dusenberg

Emery

Engler

Ervin

Fares

Fraser

Goodman

Guest

Hobbs

Holand

Hunter

Icet

Jackson

Jetton

Johnson 90

Jolly

Kelly 144

Kelly 36

Kingery

Lager

Lembke

LeVota

Lipke

Luetkemeyer

Marsh

May

Mayer

Miller

Moore

Morris

Munzlinger

Nieves

Parker

Pearce

Phillips

Portwood

Pratt

Quinn

Rector

Reinhart

Roark

Ruestman

Rupp

Sander

Schaaf

Schlottach

Schneider

Selby

Shoemaker

Shoemyer

Smith 118

Smith 14

Stefanick

Stevenson

Sutherland

Taylor

Threlkeld

Viebrock

Villa

Wallace

Wasson

Wilson 119

Wilson 130

Wood

Wright

Yates

Young

Madam Speaker

 

 

 

 

 

 

NOES: 062

 

 

 

 

 

 

 

 

 

Abel

Barnitz

Bishop

Bland

Brooks

Burnett

Campbell

Carnahan

Corcoran

Darrough

Davis 122

Donnelly

Dougherty

El-Amin

George

Graham

Green

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hoskins

Hubbard

Johnson 47

Johnson 61

Jones

Kratky

Kuessner

Liese

Lowe

McKenna

Meiners

Merideth

Muckler

Page

Purgason

Ransdall

Sager

Salva

Schoemehl

Seigfreid

Self

Skaggs

Spreng

St. Onge

Thompson

Townley

Vogt

Walker

Walsh

Walton

Ward

Whorton

Wildberger

Willoughby

Wilson 25

Wilson 42

Witte

Yaeger

Zweifel

 

 

 

 

 

 

 

 

PRESENT: 000

 

 

 

 

 

ABSENT WITH LEAVE: 007                                                                                                                                                                     

 

 

 

 

 

Adams

Boykins

King

Lawson

Myers

Richard

Wagner

 

 

 


         On motion of Representative Mayer, HS HB 470, as amended, was adopted.


         On motion of Representative Mayer, HS HB 470, as amended, was ordered perfected and printed.


         HCS HBs 404, 324, 403, 344, 426 & 541, relating to the regulation of utilities, was taken up by Representative Rector.


         Representative Rector offered HS HCS HBs 404, 324, 403, 344, 426 & 541.


         Representative Byrd offered House Amendment No. 1.


House Amendment No. 1


AMEND House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 39, Section 393.1018, Line 11 of said page, by inserting immediately after all of said line the following:


          "Section 1. A steam heating company having fewer than one hundred customers in this state may file under the small company rate procedure established by the public service commission in 4 CSR 240-2.200 by giving notice to the secretary of the commission, the public counsel, each customer, and each gas corporation or electric corporation providing utility service in the area. Any customer, gas corporation, or electric corporation responding within thirty days of the date of notice shall be entitled to copies of all filings subsequently made in the case and may participate in any conferences or hearings therein."; and


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


         On motion of Representative Byrd, House Amendment No. 1 was adopted.


         Representative Johnson (90) requested a division of the question on HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended.


         Representative Byrd requested an additional division of the question on HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended.


         Representative Johnson (90) withdrew the motion to divide the question on HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended.


         Representative Byrd withdrew the additional motion to divide the question on HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended.


         HCS HBs 404, 324, 403, 344, 426 & 541, with HS, as amended, pending, was laid over.


         On motion of Representative Crowell, the House recessed until 2:00 p.m.


AFTERNOON SESSION


         The hour of recess having expired, the House was called to order by Representative Purgason.


         The Speaker appointed the following to act as Honorary Pages for the Day, to serve without compensation: Stephanie Agre, Jared Agre and Lacey Underwood.


HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

 

House Resolution No. 1512 - Representative Baker

House Resolution No. 1513 - Representative Walker

House Resolution No. 1514 - Representative Fares

House Resolution No. 1515 - Representative Smith (14), et al

         House Resolution No. 1516 - Representative Kelly (36)

         House Resolution No. 1517 - Representative Deeken

         House Resolution No. 1518 - Representative Liese

         House Resolution No. 1519 - Representative Dusenberg

         House Resolution No. 1520

                     and

         House Resolution No. 1521 - Representative Cooper (120)

         House Resolution No. 1522

                     through

House Resolution No. 1605 - Representative Hobbs

House Resolution No. 1606

                     through

House Resolution No. 1610 - Representative Wilson (119)

         House Resolution No. 1611 - Representative Smith (14)


INTRODUCTION OF HOUSE BILLS


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


HB 733, introduced by Representatives Goodman, Stevenson and Lipke, relating to assault in the third degree.


HB 734, introduced by Representatives Goodman and Stevenson, relating to the appointment of circuit clerks.


HB 735, introduced by Representatives Bruns, Wildberger, Carnahan, Bivins, Muckler, Lembke and Icet, et al, relating to firemen's retirement systems.


PERFECTION OF HOUSE BILL


         HCS HBs 404, 324, 403, 344, 426 & 541, with HS, as amended, pending, relating to the regulation of utilities, was again taken up by Representative Rector.


         Representative Johnson (90) requested a division of the question on HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended.


         On motion of Representative Rector, Part I of HS HCS HBs 404, 324, 403, 344, 426 & 541 was adopted by the following vote:


AYES: 146

 

 

 

 

 

 

 

 

 

Abel

Angst

Avery

Baker

Barnitz

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Bringer

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 155

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dethrow

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Goodman

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Lowe

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Miller

Moore

Morris

Munzlinger

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Ruestman

Rupp

Sager

Salva

Schaaf

Schlottach

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

 

 

 

 

 

 

 

 

NOES: 000

 

 

 

 

 

 

 

 

 

PRESENT: 001

 

 

 

 

 

 

 

 

 

Taylor

 

 

 

 

 

ABSENT WITH LEAVE: 016                                                                                                                                                                     

 

 

 

 

 

Adams

Bean

Boykins

Brooks

Cooper 120

Corcoran

Graham

Holand

Kratky

Muckler

Myers

Reinhart

Richard

Roark

Sander

Schneider

 

 

 

 


         Representative Willoughby offered House Amendment No. 1 to Part II.


House Amendment No. 1


AMEND Part II of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 3, Section 386.135, Lines 7-9, by deleting all of said lines after the word "in", and inserting in lieu thereof the following:


          "one or more of the following fields: accounting, economics, finance, engineering, utility operations, law or public policy."; and


          Further amend Lines 15 and 16, by striking the word "or" and inserting in lieu thereof a ","; and striking the word "and" in Line 16, and inserting in lieu thereof the word ", or".


         On motion of Representative Willoughby, House Amendment No. 1 to Part II was adopted.


         On motion of Representative Rector, Part II of HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended, was adopted.


         Representative Smith (118) assumed the Chair.


         On motion of Representative Rector, Part III of HS HCS HBs 404, 324, 403, 344, 426 & 541 was adopted.


         On motion of Representative Rector, Part IV of HS HCS HBs 404, 324, 403, 344, 426 & 541 was adopted by the following vote:


AYES: 155

 

Abel

Angst

Avery

Baker

Barnitz

Bean

Bearden

Behnen

Bishop

Bivins

Black

Bland

Bough

Bringer

Brooks

Brown

Bruns

Burnett

Byrd

Campbell

Carnahan

Cooper 120

Cooper 155

Corcoran

Crawford

Crowell

Cunningham 145

Cunningham 86

Curls

Darrough

Daus

Davis 122

Davis 19

Deeken

Dempsey

Dixon

Donnelly

Dougherty

Dusenberg

El-Amin

Emery

Engler

Ervin

Fares

Fraser

George

Goodman

Graham

Green

Guest

Hampton

Harris 110

Harris 23

Haywood

Henke

Hilgemann

Hobbs

Holand

Hoskins

Hubbard

Hunter

Icet

Jackson

Jetton

Johnson 47

Johnson 61

Johnson 90

Jolly

Jones

Kelly 144

Kelly 36

King

Kingery

Kratky

Kuessner

Lager

Lawson

Lembke

LeVota

Liese

Lipke

Luetkemeyer

Marsh

May

Mayer

McKenna

Meiners

Merideth

Miller

Moore

Morris

Munzlinger

Nieves

Page

Parker

Pearce

Phillips

Portwood

Pratt

Purgason

Quinn

Ransdall

Rector

Reinhart

Roark

Ruestman

Rupp

Sager

Salva

Sander

Schaaf

Schlottach

Schoemehl

Seigfreid

Selby

Self

Shoemaker

Shoemyer

Skaggs

Smith 118

Smith 14

Spreng

St. Onge

Stefanick

Stevenson

Sutherland

Taylor

Thompson

Threlkeld

Townley

Viebrock

Villa

Vogt

Wagner

Walker

Wallace

Walsh

Walton

Ward

Wasson

Whorton

Wildberger

Willoughby

Wilson 119

Wilson 130

Wilson 25

Wilson 42

Witte

Wood

Wright

Yaeger

Yates

Young

Zweifel

Madam Speaker

 

NOES: 000

 

PRESENT: 000

 

ABSENT WITH LEAVE: 008

 

Adams

Boykins

Dethrow

Lowe

Muckler

Myers

Richard

Schneider

 


         Representative Fraser offered House Amendment No. 1 to Part V.


House Amendment No. 1


AMEND Part V of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 12, Section 393.156, Line 13, by inserting immediately after the word "considered" and period:


          "In making its decision, the commission is not limited to approving or rejecting the ratemaking principles proposed by the company. The commission may accept or reject the proposed principles filed by the company, or may prescribe other principles, including no pre-approval and a prudence determination to be made when the construction and/or contracting is completed and the costs are presented for inclusion in rates.".


         Representative Purgason resumed the Chair.


         Representative Fraser moved that House Amendment No. 1 to Part V be adopted.


         Which motion was defeated.


         Representative Page offered House Amendment No. 2 to Part V.


         Representative Stevenson raised a point of order that House Amendment No. 2 to Part V goes beyond the scope of the bill.


         Representative Purgason requested a parliamentary ruling.


         The Parliamentary Committee ruled the point of order well taken.


         Representative Jones offered House Amendment No. 3 to Part V.


         Representative Stevenson raised a point of order that House Amendment No. 3 to Part V goes beyond the scope of the bill.


         Representative Purgason requested a parliamentary ruling.


         The Parliamentary Committee ruled the point of order well taken.


         Representative Walker offered House Amendment No. 4 to Part V.


House Amendment No. 4


AMEND Part V of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 10, Section 393.156, Line 9 of said page, by inserting after the words "gas plant" the following:


          "to be located within the State of Missouri"; and


          Further amend said bill, Page 11, Section 393.156, Line 23 of said page, by deleting all of said line.


         Representative Willoughby offered House Substitute Amendment No. 1 for House Amendment No. 4 to Part V.


House Substitute Amendment No. 1

for

House Amendment No. 4


AMEND Part V of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 12, Section 393.156, Line 2 of said page, by inserting immediately after the word "ratepayers" the words "and shall give preference to facilities to be located within the state of Missouri.".


         On motion of Representative Willoughby, House Substitute Amendment No. 1 for House Amendment No. 4 to Part V was adopted.


         Representative Johnson (90) offered House Amendment No. 5 to Part V.


         Speaker Hanaway resumed the Chair.


         Representative Stevenson raised a point of order that House Amendment No. 5 to Part V goes beyond the scope of the bill.


         The Chair ruled the point of order well taken.


         Representative Abel offered House Amendment No. 6 to Part V.


         House Amendment No. 6 to Part V was withdrawn.


         Representative El-Amin offered House Amendment No. 7 to Part V.


         Representative St. Onge raised a point of order that House Amendment No. 7 to Part V goes beyond the scope of the bill.


         The Chair ruled the point of order well taken.


         On motion of Representative Rector, Part V of HS HCS HBs 404, 324, 403, 344, 426 & 541, as amended, was adopted.


         Representative Abel offered House Amendment No. 1 to Part VI.


House Amendment No. 1


AMEND Part VI of House Substitute for House Committee Substitute for House Bill Nos. 404, 324, 403, 344, 426 & 541, Page 17, Subsection 6, Line 5, by ["] true-up ["].


         On motion of Representative Abel, House Amendment No. 1 to Part VI was adopted.


         HCS HBs 404, 324, 403, 344, 426 & 541,with Part VI of HS, as amended, pending, was laid over.


REFERRAL OF SENATE BILLS


         The following Senate Bills were referred to the Committee indicated:


SCS SB 16 - Local Government

SB 180 - Retirement

SB 275 - Local Government

SCS SB 351 - Health Care Policy

SCS SB 447 - Judiciary

SB 480 - Professional Registration and Licensing

SB 492 - Professional Registration and Licensing

SB 506 - Health Care Policy



SB 511 - Health Care Policy

SCS SB 513 - Local Government


COMMITTEE REPORTS


         Committee on Budget, Chairman Bearden reporting:


         Madam Speaker: Your Committee on Budget, to which was referred HS HB 511 (Fiscal Note), begs leave to report it has examined the same and recommends that it Do Pass.


         Committee on Education, Chairman Cunningham (86) reporting:


         Madam Speaker: Your Committee on Education, to which was referred SB 371, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Elections, Chairman May reporting:


         Madam Speaker: Your Committee on Elections, to which was referred SCS SB 29, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Elections, to which was referred SB 50, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Health Care Policy, Chairman Holand reporting:


         Madam Speaker: Your Committee on Health Care Policy, to which was referred SB 266, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Committee on Local Government, Chairman Johnson (47) reporting:


         Madam Speaker: Your Committee on Local Government, to which was referred SB 14, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SB 68, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 130, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 218, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SB 232, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SB 234, begs leave to report it has examined the same and recommends that the House Committee Substitute Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SB 235, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SCS SB 239, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Madam Speaker: Your Committee on Local Government, to which was referred SB 282, begs leave to report it has examined the same and recommends that it Do Pass by Consent.


         Committee on Special Committee on General Laws, Chairman Wright reporting:


         Madam Speaker: Your Committee on Special Committee on General Laws, to which was referred SCS SB 296, 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 SS#2 SCS SB 481, entitled:


         An act to repeal sections 21.795, 144.062, and 226.030, RSMo, and to enact in lieu thereof seven new sections relating to accountability measures governing the operations of the department of transportation.


         With Senate Committee Amendment No. 1


Senate Committee Amendment No. 1


AMEND Senate Substitute #2 for Senate Committee Substitute for Senate Bill No. 481, Page 1, In the Title, Line 4, by inserting after "transportation" the following:


          ", with an effective date for a certain section"; and


          Further amend said bill, Page 12, Section 2, Line 4, by inserting after all of said line the following:


          "Section B. The repeal and reenactment of section 144.062 shall become effective July 1, 2005.".


         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 adopted SCR 2.


SENATE CONCURRENT RESOLUTION NO. 2


          WHEREAS, current studies indicate that children left at home alone and unsupervised have lower academic test scores, have higher absentee rates at school, exhibit higher levels of fear, stress, nightmares, loneliness, and boredom, are 1.7 times more likely to use alcohol, and are 1.6 times more likely to smoke cigarettes; and


          WHEREAS, recent data shows that violent juvenile crime rates soar and children are most likely to be victims of a violent crime committed by a nonfamily member between the hours of 3 p.m. and 8 p.m., the hours immediately after school; and


          WHEREAS, according to the National Center for Juvenile Justice, children are at greater risk of being involved in crime, substance abuse, and teenage pregnancy in the hours after school, especially between the hours of 3 p.m. and 4 p.m.; and


          WHEREAS, the most common activity for children after school is watching television, resulting in an average 23 hours of television watching per week; and


          WHEREAS, the parents of more than 800,000 Missouri school-age children work outside the home; and


          WHEREAS, according to the estimates of the Urban Institute of the United States Census Bureau, at least 7 million and as many as 15 million "latchkey children" return to an empty house on any given afternoon; and


          WHEREAS, in the United States, families worry about their children being unsafe and having too much idle, unsupervised time; and


          WHEREAS, the United States Departments of Education and Justice report that children in quality out-of-school programs have better academic performance, school attendance, behavior, and greater expectations for the future; and


          WHEREAS, children who attend high quality out-of-school programs have better peer relations, emotional adjustment, conflict resolution skills, grades, and conduct in school compared to their peers who are not in out-of-school programs; and


          WHEREAS, children who attend out-of-school programs spend more time in learning opportunities, academic activities, and enrichment activities, and spend less time watching television than their peers; and


          WHEREAS, children who attend out-of-school programs miss fewer days of school, have better homework completion, better school behavior, and higher test scores; and


          WHEREAS, the United States Congress has recognized the beneficial impact of out-of-school programs to our youth, and has increased the funding of out-of-school programs administered by the Missouri Department of Elementary and Secondary Education; and


          WHEREAS, 92% of all Americans believe there should be organized activities for all youth during out-of-school hours; and


          WHEREAS, it is estimated that less than 25% of all school-age children attend any out-of-school program, leaving 75% of our youth without a safe, supportive, and enriching environment during the unsupervised hours after the formal school day ends; and


          WHEREAS, the Joint Interim Committee on After-School Programs has studied several of the above-mentioned issues during the tenure of the Ninety-first General Assembly and recommends that a similar study committee be established to continue the study during the tenure of the Ninety-second General Assembly:


          NOW, THEREFORE, BE IT RESOLVED by the members of the Senate of the Ninety-second General Assembly, First Regular Session, the House of Representatives concurring therein, that the "Joint Legislative Committee on Out-of-School Programs" be created to be comprised of five members of the Senate, appointed by the President Pro Tem of the Senate and the Senate Minority Floor Leader and five members of the House of Representatives, appointed by the Speaker of the House of Representatives and the House Minority Floor Leader; and


          BE IT FURTHER RESOLVED that the committee continue and expand the in-depth studies conducted by the prior Joint Interim Committee on After-School Programs and to make a comprehensive analysis of the quantity and quality of Missouri out-of-school programs, including the solicitation of information from appropriate state agencies, public schools, youth development organizations, law enforcement agencies and juvenile officers, youth development and education experts, and the public (including youth) regarding the status of out-of-school programs; and


          BE IT FURTHER RESOLVED that the committee, in consultation with the Departments of Elementary and Secondary Education, Social Services, and all other relevant agencies, make recommendations for an efficient and effective development plan to provide the opportunity for every Missouri school-age child to access quality out-of-school programs and design a system to train, mentor, and support out-of-school programs, and thereby guarantee their sustainability; and


          BE IT FURTHER RESOLVED that the committee be authorized to hold hearings as it deems advisable, and that the staffs of Senate Research, House Research, and the Committee on Legislative Research provide such legal, research, clerical, technical, and bill drafting services requested by the committee; and


          BE IT FURTHER RESOLVED that the General Assembly endorses all of state government to enthusiastically encourage our citizens to engage in innovative out-of-school programs and activities that ensure that all Missouri school-age children are not only safe, but also productive when the school day ends; and


          BE IT FURTHER RESOLVED that the committee report its recommendations and findings to the General Assembly by January 1, 2005, and the authority of such committee shall terminate on December 31, 2004, unless reauthorized.


         In which the concurrence of the House is respectfully requested.


MESSAGE FROM THE GOVERNOR


EXECUTIVE OFFICE

April 8, 2003


TO THE CHIEF CLERK OF THE

HOUSE OF REPRESENTATIVES

FIRST REGULAR SESSION

92ND GENERAL ASSEMBLY

STATE OF MISSOURI

 

Herewith I return to you House Committee Substitute for House Bill No. 554, entitled:


"AN ACT"


To repeal section 171.033, RSMo, and to enact in lieu thereof one new section relating to inclement weather exceptions for mandatory days of school attendance, with an emergency clause.


On April 8, 2003, I approved said House Committee Substitute for House Bill No. 554.


                                                                                          Respectfully submitted,


                                                                               /s/       Bob Holden

                                                                                          Governor


ADJOURNMENT


         On motion of Representative Crowell, the House adjourned until 10:00 a.m., Wednesday, April 9, 2003.


CORRECTION TO THE HOUSE JOURNAL


         Correct House Journal, Forty-seventh Day, Monday, April 7, 2003, Page 941, Line 4, by deleting "SB 554" on said line.


COMMITTEE MEETINGS


ADMINISTRATION AND ACCOUNTS

Thursday, April 10, 2003, 8:30 a.m. Hearing Room 1. HEARING CANCELLED

Executive Session may follow.

Public Hearing to be held on: SB 15


AGRICULTURE

Wednesday, April 9, 2003, 8:00 a.m. Hearing Room 6.

Possible Executive Session.

Public Hearing to be held on: HB 436, HB 457, SB 36, SB 84


BUDGET

Wednesday, April 9, 2003, 5:00 p.m. Hearing Room 1.

Public Hearing to be held on: HB 698, HCR 17

Executive Session to be held on: HB 134, HB 179, HB 585, HB 641


CONSERVATION AND NATURAL RESOURCES

Wednesday, April 9, 2003, 12:00 p.m. Hearing Room 5. AMENDED NOTICE

Executive Session may follow.

Public Hearing to be held on: HB 205, HB 672, SB 334, SB 392, SB 606


CORRECTIONS AND STATE INSTITUTIONS

Wednesday, April 9, 2003, 6:00 p.m. Hearing Room 7.

Hearing will begin at 6:00 p.m. or upon evening adjournment.

Public Hearing to be held on: HB 674, HB 692, SB 108

Executive Session to be held on: HB 572, HCR 18




EDUCATION

Wednesday, April 9, 2003. Hearing Room 3 upon evening adjournment.

Possible Executive Session.

Possible hearing on SCS SB 632 & 644, SBs 676 & 666.

Public Hearing to be held on: SB 55, SB 204, SB 265, SB 519, SB 686


EDUCATION

Thursday, April 10, 2003, 8:00 a.m. Hearing Room 1.

Hearing on bills not heard Wednesday, April 9th.

Possible Executive Session.


HEALTH CARE POLICY

Wednesday, April 9, 2003, 6:00 p.m. Hearing Room 6.

Public Hearing to be held on: HB 688, HB 696, SB 34, SB 308, SB 618

Executive Session to be held on: SB 317


JOB CREATION AND ECONOMIC DEVELOPMENT

Wednesday, April 9, 2003, 12:00 p.m. Hearing Room 6. AMENDED NOTICE

Executive Session will follow.

Public Hearing to be held on: HB 680, HB 693


JOINT COMMITTEE ON GAMING AND WAGERING

Wednesday, April 9, 2003, 9:00 a.m. Hearing Room 7.

Organizational meeting/Election of Chairman and Vice-Chairman.


JUDICIARY

Wednesday, April 9, 2003, 8:00 a.m. Hearing Room 3.

Executive Session may follow on HBs 105, 213, 382, 374, 406;

SBs 203, 101, 214, 357, 421, 469, 521 & 537.

Public Hearing to be held on: HB 238, HB 374, HB 406, SB 101, SB 214,

SB 357, SB 421, SB 469, SB 521, SB 537


JUDICIARY

Wednesday, April 9, 2003, 12:00 p.m. Hearing Room 1.

Executive Session may follow on: SBs 474, 616, 471, 470, 465, 463, 457,

448, 401, 395, 394, 143

Will take up bills not heard 8:00 a.m.

Public Hearing to be held on: SB 143, SB 394, SB 395, SB 401, SB 448,

SB 457, SB 463, SB 465, SB 470, SB 471, SB 474, SB 616


LOCAL GOVERNMENT

Thursday, April 10, 2003, 8:00 a.m. Hearing Room 6.

Executive Session on previously heard Senate Bills.

Public Hearing to be held on: SB 121, SB 122, SB 142, SB 202, SB 212,

SB 224, SB 238, SB 281, SB 301


LOCAL GOVERNMENT

Thursday, April 10, 2003. Hearing Room 6 upon morning adjournment. AMENDED NOTICE

Executive Session on previously heard Senate Bills.

Public Hearing to be held on: SB 295, SB 562, SB 577


PROFESSIONAL REGISTRATION AND LICENSING

Wednesday, April 9, 2003, 7:30 p.m. Hearing Room 5.

Informational meeting.

Representatives from Doctors of Osteopathy, Chiropractic, Physicians' Assistants, etc.


RETIREMENT

Thursday, April 10, 2003, 8:30 a.m. Hearing Room 7.

Executive Session may follow.

Public Hearing to be held on: SB 180, SB 456, SB 552


SMALL BUSINESS

Wednesday, April 9, 2003, 12:00 p.m. Hearing Room 4.

Hearing will begin at 12:00 p.m. or upon morning recess.

Executive Session may follow.

Public Hearing to be held on: HR 887, SB 165


TOURISM AND CULTURAL AFFAIRS

Wednesday, April 9, 2003, 12:15 p.m. House Lounge.

Public Hearing to be held on: SB 1, SB 237

Executive Session to be held on: SB 1, SB 237


TRANSPORTATION AND MOTOR VEHICLES

Wednesday, April 9, 2003, 12:00 p.m. Hearing Room 7.

Executive Session may follow on HBs 614, 466, 689, 684, 702;

SBs 289, 314, 355, 356, 54, 207, 423, 594, 529, 598, 697. Amend.#2

Public Hearing to be held on: HB 684, HB 689, HB 702, SB 54, SB 207,

SB 355, SB 356, SB 423, SB 529, SB 594, SB 598, SB 697


WORKFORCE DEVELOPMENT AND WORKPLACE SAFETY

Wednesday, April 9, 2003, 12:00 p.m. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: SB 607


HOUSE CALENDAR


FORTY-NINTH DAY, WEDNESDAY, APRIL 9, 2003


HOUSE BILLS FOR SECOND READING


HB 732 through HB 735


HOUSE BILLS FOR PERFECTION


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

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

3       HCS HB 190 & 214 - Fares

4       HCS HB 51 - Mayer

5       HCS HB 387 - Pearce

6       HCS HB 109 & 34 - Fares

7       HCS HB 404, 324, 403, 344, 426 & 541, Part VI of HS, as amended, pending - Rector

8       HB 263 - Cooper (120)

9       HCS HB 121 - Portwood

10     HCS HB 679 & 396 - Hanaway

11     HB 481 - Crowell

12     HCS HB 468 - Byrd

13     HCS HB 142 - Dempsey

14     HCS HB 564 - Behnen

 

HOUSE BILL FOR PERFECTION - FEDERAL MANDATE


HCS HB 435 - Engler


HOUSE BILLS FOR THIRD READING


1       HS HB 511 - Deeken

2       HB 444 - Jackson

 

SENATE BILL FOR SECOND READING


SS#2 SCS SB 481, as amended


SENATE BILLS FOR THIRD READING - CONSENT


         (4-07-03)


1       SCS SB 4, HCA 1 - Johnson (47)

2       SB 255 - Engler


         (4-09-03)


1       HCS SB 234, E.C. - Ervin

2       SB 14 - Johnson (47)

3       SCS SB 29 -

4       SB 50 -

5       HCS SB 68 - Wasson

6       HCS SCS SB 130, E.C. - Davis (19)

7       HCS SCS SB 218 - George

8       SB 232 - Behnen

9       SB 235 - Johnson (47)

10     SCS SB 239 - Smith (118)

11     HCS SB 266 - Johnson (47)

12     SB 282 - Brown

13     SB 371 - Cunningham (86)


SENATE BILLS FOR THIRD READING


1       SCS SB 299 & 40 - Bearden

2       HCS SCS SB 296 - Sutherland


SENATE BILL FOR THIRD READING - FEDERAL MANDATE


SCS SB 194 & 189, E.C. - St. Onge


HOUSE CONCURRENT RESOLUTION


HCR 11, (4-07-03, Pages 945-946) - Moore