First Regular Session, 92nd General Assembly
SIXTIETH DAY, Monday, April 28, 2003
Speaker Hanaway in the Chair.
Prayer by Father David Buescher.
God, You strengthen us when the going is difficult. One very major item, the budget, and many other important issues hang over these representatives' heads. Hear them as they pray for wisdom and counsel, skills to communicate well, ways to heal conflict and hurt, and for the energy to continue on their many paths toward unified goals for our state.
They begin this session early today, God. They are not afraid of the work. Give them Your divine grace to finish well what needs to be done. We pray with faith in You, in ourselves, and in each other. 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: Katie Churchill Lentz and Jonathan Odom.
The Journal of the fifty-ninth day was approved as corrected by the following vote:
AYES: 084 |
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Angst |
Avery |
Baker |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Brown |
Bruns |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Fraser |
Goodman |
Hobbs |
Holand |
Hunter |
Icet |
Jetton |
Johnson 47 |
Kelly 144 |
King |
Kingery |
Lager |
Lawson |
Lembke |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
Meiners |
Miller |
Moore |
Morris |
Munzlinger |
Myers |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Quinn |
Roark |
Ruestman |
Rupp |
Sander |
Schaaf |
Schlottach |
Self |
Smith 14 |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Townley |
Viebrock |
Wallace |
Wasson |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright |
Yates |
Young |
Madam Speaker |
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NOES: 056 |
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|
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Barnitz |
Bishop |
Bland |
Boykins |
Bringer |
Burnett |
Campbell |
Corcoran |
Curls |
Darrough |
Daus |
Davis 122 |
Donnelly |
George |
Green |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Kelly 36 |
Kratky |
Kuessner |
LeVota |
Liese |
McKenna |
Merideth |
Page |
Ransdall |
Sager |
Salva |
Schoemehl |
Seigfreid |
Selby |
Shoemaker |
Shoemyer |
Skaggs |
Spreng |
Thompson |
Villa |
Vogt |
Wagner |
Walker |
Walsh |
Ward |
Willoughby |
Wilson 25 |
Wilson 42 |
Yaeger |
Zweifel |
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PRESENT: 009 |
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|
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Brooks |
Carnahan |
El-Amin |
Jones |
Lowe |
Muckler |
Walton |
Whorton |
Wildberger |
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|
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ABSENT WITH LEAVE: 014 |
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|
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Abel |
Adams |
Byrd |
Davis 19 |
Graham |
Guest |
Jackson |
Nieves |
Purgason |
Rector |
Reinhart |
Richard |
Schneider |
Smith 118 |
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SPECIAL RECOGNITION
The Cardinal Ritter Boys Class 3 Basketball Team was introduced by Representative Boykins and recognized as Outstanding Missourians.
HR 2190 was taken up by Representative Boykins and read.
HOUSE RESOLUTION NO. 2190
WHEREAS, the members of the Missouri House of Representatives always welcome the opportunity to acknowledge those Show-Me State high school athletic programs which have demonstrated the value of sportsmanship, teamwork, training, and determination through the exemplary nature of their attainments; and
WHEREAS, Cardinal Ritter College Prep in St. Louis, Missouri, sponsored a boys basketball team which completed the regular season with an outstanding 27-0 win-loss record and a berth in post-season Class 3 Missouri State High School Activities Association state competition; and
WHEREAS, on March 21, 2003, the Cardinal Ritter Lions claimed the State Championship title with a decisive 64 to 53 victory over Ash Grove to remain undefeated with 31 wins; and
WHEREAS, the Cardinal Ritter Lions were admirably led by Coach of the Year Marvin Neals with assistance from Leroy Jackson, Ken Kaid, David Robinson, and Ken Burke, Sr.; and
WHEREAS, players forming the Cardinal Ritter Lions basketball team for 2002-2003 included Bryan Baldwin, Alexander Barnett, Raymond Brown, Ken Burke, Dewon Byrd, Alvin Davie, Terry Evans, Marquis Jones, Jamel Lacy, Kilian Toms, William Toussaint, Markus Upchurch, Antione Vinson, and Jonathon Mosley; and
WHEREAS, in addition to the glory associated with capturing First Place in the state playoffs, the Cardinal Ritter Lions basketball team garnered other accolades, including having two players named to the All-State team: Kenny Burke and Antione Vinson; and
WHEREAS, Cardinal Ritter College Prep is a Roman Catholic school which enjoys a stellar reputation for excellence and a student body which is composed of nearly seventy-three percent non-Catholic youths attracted to its academic rigor and stellar extracurricular opportunities:
NOW, THEREFORE, BE IT RESOLVED that we, the members of the Missouri House of Representatives, Ninety-second General Assembly, join unanimously to applaud the spectacular achievements garnered by the Lions boys basketball team this year and to convey to its players, coaches, and parents this legislative body's heartiest congratulations upon taking First Place in state Class 3 championship competition and our best wishes for continued success long into the future; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution in honor of the 2002-2003 Cardinal Ritter College Prep Lions boys basketball program.
HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED
House Resolution No. 2178 - Representative Viebrock
House Resolution No. 2179 - Representative Hanaway
House Resolution No. 2180 - Representative Wilson (119)
House Resolution No. 2181
through
House Resolution No. 2183 - Representative Fares
House Resolution No. 2184 - Representative Lager
House Resolution No. 2185 - Representatives Bivins and Lembke
House Resolution No. 2186 - Representative Cooper (120)
House Resolution No. 2187 - Representative Townley
House Resolution No. 2188
and
House Resolution No. 2189 - Representative LeVota
House Resolution No. 2190 - Representative Boykins
House Resolution No. 2191
through
House Resolution No. 2206 - Representative Portwood
House Resolution No. 2207
through
House Resolution No. 2219 - Representative Wilson (119)
House Resolution No. 2220 - Representative Meiners
House Resolution No. 2221 - Representative Zweifel
House Resolution No. 2222
through
House Resolution No. 2224 - Representative Lager
House Resolution No. 2225 - Representative Dempsey
House Resolution No. 2226 - Representative Myers
House Resolution No. 2227 - Representative Roark
House Resolution No. 2228 - Representative Ransdall
House Resolution No. 2229 - Representative Liese
House Resolution No. 2230
and
House Resolution No. 2231 - Representative Whorton
House Resolution No. 2232
and
House Resolution No. 2233 - Representative Munzlinger
Speaker Pro Tem Jetton assumed the Chair.
INTRODUCTION OF HOUSE BILLS
The following House Bills were read the first time and copies ordered printed:
HB 755, introduced by Representatives Jetton, Crowell, Shoemaker (8), Bearden and Hunter, relating to salaries for certain school personnel.
HB 756, introduced by Representatives Jetton, Crowell, Hunter and Bearden, relating to Internet child pornography.
HB 757, introduced by Representatives Jetton, Sutherland, Hunter and Cooper (120), et al, relating to taxation.
HB 758, introduced by Representative Harris (23), relating to qualified research tax credits for corporations.
HB 759, introduced by Representative Cunningham (86), relating to commercial motor vehicles.
HB 760, introduced by Representative Bearden, relating to state budget procedures.
HB 761, introduced by Representative Cunningham (86), relating to animal physical therapists.
SECOND READING OF HOUSE JOINT RESOLUTION
HJR 26 was read the second time.
SECOND READING OF HOUSE BILLS
HB 753 and HB 754 were read the second time.
THIRD READING OF HOUSE BILLS
HCS HB 688, relating to the Life Sciences Research Trust Fund, was taken up by Representative Hanaway.
On motion of Representative Hanaway, HCS HB 688 was read the third time and passed by the following vote:
AYES: 154 |
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Abel |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Donnelly |
Dougherty |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Fraser |
Goodman |
Green |
Guest |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hobbs |
Holand |
Hoskins |
Hubbard |
Hunter |
Icet |
Jetton |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meiners |
Merideth |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
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 |
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|
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NOES: 001 |
||||
|
||||
Bringer |
|
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|
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PRESENT: 000 |
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|
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ABSENT WITH LEAVE: 008 |
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|
||||
Adams |
Davis 19 |
George |
Graham |
Jackson |
Lawson |
Nieves |
Schneider |
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|
|
Speaker Pro Tem Jetton declared the bill passed.
Representative Dempsey assumed the Chair.
HS HB 481, relating to public funds, was taken up by Representative Crowell.
On motion of Representative Crowell, HS HB 481 was read the third time and passed by the following vote:
AYES: 116 |
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|
||||
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Bringer |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Cooper 120 |
Cooper 155 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Davis 122 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dougherty |
Dusenberg |
Emery |
Engler |
Ervin |
George |
Goodman |
Green |
Guest |
Hampton |
Harris 110 |
Henke |
Hobbs |
Holand |
Hunter |
Icet |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lembke |
Liese |
Lipke |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meiners |
Merideth |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Salva |
Sander |
Schaaf |
Schlottach |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Townley |
Viebrock |
Villa |
Vogt |
Wagner |
Wallace |
Walsh |
Ward |
Wasson |
Wilson 119 |
Wilson 130 |
Wood |
Wright |
Yaeger |
Yates |
Madam Speaker |
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|
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NOES: 040 |
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|
||||
Abel |
Bishop |
Bland |
Boykins |
Brooks |
Carnahan |
Corcoran |
Curls |
Darrough |
Daus |
Donnelly |
El-Amin |
Fares |
Fraser |
Harris 23 |
Haywood |
Hilgemann |
Hoskins |
Hubbard |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
LeVota |
Lowe |
Page |
Sager |
Skaggs |
Thompson |
Walker |
Walton |
Whorton |
Wildberger |
Willoughby |
Wilson 25 |
Wilson 42 |
Witte |
Young |
Zweifel |
|
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PRESENT: 000 |
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||||
ABSENT WITH LEAVE: 007 |
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|
||||
Adams |
Davis 19 |
Graham |
Jackson |
Jetton |
Lawson |
Schneider |
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|
Representative Dempsey declared the bill passed.
HS HCS HB 121, relating to insurance coverage for chiropractic care, was taken up by Representative Portwood.
On motion of Representative Portwood, HS HCS HB 121 was read the third time and passed by the following vote:
AYES: 149 |
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|
||||
Abel |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Black |
Bland |
Bough |
Boykins |
Bringer |
Brooks |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Daus |
Davis 122 |
Deeken |
Dempsey |
Dethrow |
Dixon |
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 |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
Kingery |
Kratky |
Kuessner |
Lager |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meiners |
Merideth |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Salva |
Sander |
Schaaf |
Schlottach |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
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 |
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NOES: 000 |
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PRESENT: 001 |
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Donnelly |
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ABSENT WITH LEAVE: 013 |
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||||
Adams |
Bivins |
Davis 19 |
Graham |
Holand |
Jackson |
Jetton |
King |
Lawson |
Purgason |
Sager |
Schneider |
Stevenson |
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|
|
Representative Dempsey declared the bill passed.
HCS HB 138, relating to corrections officers certification, was taken up by Representative Crawford.
On motion of Representative Crawford, HCS HB 138 was read the third time and passed by the following vote:
AYES: 152 |
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Abel |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bishop |
Bivins |
Black |
Bland |
Bough |
Boykins |
Bringer |
Brown |
Bruns |
Burnett |
Byrd |
Campbell |
Carnahan |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Curls |
Darrough |
Davis 122 |
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 |
Holand |
Hoskins |
Hubbard |
Hunter |
Icet |
Johnson 47 |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Meiners |
Merideth |
Miller |
Moore |
Morris |
Muckler |
Munzlinger |
Myers |
Nieves |
Page |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sager |
Salva |
Sander |
Schaaf |
Schlottach |
Schoemehl |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
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 |
|
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|
||||
NOES: 000 |
||||
|
||||
PRESENT: 000 |
||||
|
||||
ABSENT WITH LEAVE: 011 |
||||
|
||||
Adams |
Brooks |
Daus |
Davis 19 |
Graham |
Jackson |
Jetton |
Lawson |
Purgason |
Schneider |
Stevenson |
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|
Representative Dempsey declared the bill passed.
Speaker Hanaway resumed the Chair.
HB 593, relating to the State Employees' Protection Act, was taken up by Representative Byrd.
On motion of Representative Byrd, HB 593 was read the third time and passed by the following vote:
AYES: 084 |
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||||
Angst |
Avery |
Baker |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Brown |
Bruns |
Byrd |
Cooper 120 |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dusenberg |
Emery |
Engler |
Ervin |
Fares |
Goodman |
Guest |
Hobbs |
Hunter |
Icet |
Jetton |
Johnson 47 |
Kelly 144 |
King |
Kingery |
Lager |
Lembke |
Lipke |
Luetkemeyer |
May |
Mayer |
Miller |
Moore |
Morris |
Munzlinger |
Myers |
Nieves |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sander |
Schaaf |
Schlottach |
Self |
Shoemaker |
Smith 118 |
Smith 14 |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Threlkeld |
Townley |
Viebrock |
Wallace |
Wasson |
Wilson 119 |
Wilson 130 |
Wood |
Wright |
Yates |
Madam Speaker |
|
|
||||
NOES: 068 |
||||
|
||||
Abel |
Barnitz |
Bishop |
Boykins |
Bringer |
Brooks |
Burnett |
Campbell |
Carnahan |
Corcoran |
Curls |
Darrough |
Daus |
Davis 122 |
Donnelly |
El-Amin |
Fraser |
George |
Green |
Hampton |
Harris 110 |
Harris 23 |
Haywood |
Henke |
Hilgemann |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Jones |
Kelly 36 |
Kratky |
Kuessner |
LeVota |
Liese |
Lowe |
McKenna |
Meiners |
Merideth |
Muckler |
Page |
Ransdall |
Sager |
Salva |
Schoemehl |
Seigfreid |
Selby |
Shoemyer |
Skaggs |
Spreng |
Thompson |
Villa |
Vogt |
Wagner |
Walker |
Walsh |
Walton |
Ward |
Whorton |
Wildberger |
Willoughby |
Wilson 25 |
Wilson 42 |
Witte |
Yaeger |
Young |
Zweifel |
|
|
|
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PRESENT: 001 |
||||
|
||||
Marsh |
|
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|
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ABSENT WITH LEAVE: 010 |
||||
|
||||
Adams |
Bland |
Cooper 155 |
Davis 19 |
Dougherty |
Graham |
Holand |
Jackson |
Lawson |
Schneider |
|
Speaker Hanaway declared the bill passed.
Representative Zweifel requested a verification of the roll call on the motion to third read and pass HB 593.
THIRD READING OF SENATE BILL
HCS SS SCS SB 36, relating to environmental regulations, was taken up by Representative Myers.
Representative Myers offered House Amendment No. 1.
House Amendment No. 1
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 36, Page 23, Page 23, Section 643.078, Line 89, by inserting immediately after all of said line the following:
"Section 1. In letting contracts for the performance of any job or service for the removal or clean up of waste tires pursuant to chapter 260, RSMo, the department of natural resources shall, in addition to the requirements of sections 34.073 and 34.076, RSMo, and any other points awarded during the evaluation process, give to any vendor that meets one or more of the following factors a five percent preference and ten bonus points for each factor met:
(1) The bid is submitted by an individual, partnership, association, or corporation vendor that has resided or maintained its headquarters or principal place of business in Missouri continuously for the four years immediately preceding the date on which the bid is submitted;
(2) The bid is submitted by a nonresident corporation vendor that has an affiliate or subsidiary that employs at least twenty state residents and has maintained its headquarters or principal place of business in Missouri continuously for the four years immediately preceding the date on which the bid is submitted;
(3) The bid is submitted by an individual, partnership, association, or corporation vendor that resides or maintains its headquarters or principal place of business in Missouri and, for the purposes of completing the bid project and continuously over the entire term of the project, an average of at least seventy-five percent of such vendor's employees are Missouri residents who have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor must certify the residency requirements of this subdivision and submit a written claim for preference at the time the bid is submitted;
(4) The bid is submitted by a nonresident vendor that has an affiliate or subsidiary that employs at least twenty state residents and has maintained its headquarters or principal place of business in Missouri and, for the purposes of completing the bid project and continuously over the entire term of the project, an average of at least seventy-five percent of such vendor's employees are Missouri residents who have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor must certify the residency requirements of this subdivision and submit a written claim for preference at the time the bid is submitted;
(5) The bid is submitted by any vendor that provides written certification that the end use of the tires collected during the project will be for fuel purposes or for the manufacture of a useable good or product." ; and
Further amend said bill in the title, enacting clause, and intersectional references accordingly.
On motion of Representative Myers, House Amendment No. 1 was adopted.
Representative Stevenson offered House Amendment No. 2.
House Amendment No. 2
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 36, Page 13, Section 640.010, Line 10, by deleting the word “property” ; and
Further amend said bill, said page, said section, Line 11, by deleting the word “property”.
On motion of Representative Stevenson, House Amendment No. 2 was adopted.
Representative Townley offered House Amendment No. 3.
House Amendment No. 3
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 36, Page 23, Section 643.078, Line 89, by inserting after all of said line the following:
"Section 1. Notwithstanding any other provision of law to the contrary, no rule or regulation proposed, promulgated, adopted, or amended by the department of agriculture, division of weights and measures, shall be applied retroactively to existing facilities or construction unless the department or the division establishes by clear and convincing evidence that the rule or regulation shall be applied retroactively to protect the health and safety of the public.
Section 2. No city, county, or other political subdivision of the state of Missouri shall impose a requirement for financial responsibility on owners or operators of underground or above ground petroleum storage tanks. This provision shall fully preempt any such local financial responsibility requirements which are in effect on August 28, 2003."; and
Further amend said title, enacting clause and intersectional references accordingly.
Representative Shoemyer (9) requested a division of the question on House Amendment No. 3.
House Amendment No. 3
PART I
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 36, Page 23, Section 643.078, Line 89, by inserting after all of said line the following:
"Section 1. Notwithstanding any other provision of law to the contrary, no rule or regulation proposed, promulgated, adopted, or amended by the department of agriculture, division of weights and measures, shall be applied retroactively to existing facilities or construction unless the department or the division establishes by clear and convincing evidence that the rule or regulation shall be applied retroactively to protect the health and safety of the public.”.
On motion of Representative Townley, Part I of House Amendment No. 3 was adopted by the following vote:
AYES: 119 |
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Abel |
Angst |
Avery |
Baker |
Barnitz |
Bean |
Bearden |
Behnen |
Bivins |
Black |
Bough |
Bringer |
Brown |
Bruns |
Burnett |
Campbell |
Cooper 120 |
Cooper 155 |
Corcoran |
Crawford |
Crowell |
Cunningham 145 |
Cunningham 86 |
Davis 122 |
Deeken |
Dempsey |
Dethrow |
Dixon |
Dusenberg |
El-Amin |
Emery |
Engler |
Ervin |
Fares |
Goodman |
Green |
Guest |
Hampton |
Haywood |
Henke |
Hobbs |
Holand |
Hunter |
Icet |
Johnson 47 |
Jones |
Kelly 144 |
Kelly 36 |
King |
Kingery |
Kratky |
Kuessner |
Lager |
Lembke |
LeVota |
Liese |
Lipke |
Lowe |
Luetkemeyer |
Marsh |
May |
Mayer |
McKenna |
Merideth |
Miller |
Moore |
Morris |
Munzlinger |
Myers |
Nieves |
Parker |
Pearce |
Phillips |
Portwood |
Pratt |
Purgason |
Quinn |
Ransdall |
Rector |
Reinhart |
Richard |
Roark |
Ruestman |
Rupp |
Sander |
Schaaf |
Schlottach |
Seigfreid |
Selby |
Self |
Shoemaker |
Shoemyer |
Skaggs |
Smith 118 |
Smith 14 |
Spreng |
St. Onge |
Stefanick |
Stevenson |
Sutherland |
Taylor |
Thompson |
Threlkeld |
Townley |
Viebrock |
Villa |
Wagner |
Wallace |
Ward |
Wasson |
Whorton |
Willoughby |
Wilson 119 |
Wilson 130 |
Witte |
Wood |
Wright |
Yates |
Madam Speaker |
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NOES: 036 |
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Bishop |
Bland |
Boykins |
Brooks |
Carnahan |
Curls |
Darrough |
Daus |
Donnelly |
Dougherty |
Fraser |
George |
Harris 110 |
Harris 23 |
Hilgemann |
Hoskins |
Hubbard |
Johnson 61 |
Johnson 90 |
Jolly |
Meiners |
Muckler |
Page |
Sager |
Salva |
Schoemehl |
Vogt |
Walker |
Walsh |
Walton |
Wildberger |
Wilson 25 |
Wilson 42 |
Yaeger |
Young |
Zweifel |
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PRESENT: 000 |
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ABSENT WITH LEAVE: 008 |
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Adams |
Byrd |
Davis 19 |
Graham |
Jackson |
Jetton |
Lawson |
Schneider |
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House Amendment No. 3
PART II
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 36, Page 23, Section 643.078, Line 89, by inserting after all of said line the following:
"Section 2. No city, county, or other political subdivision of the state of Missouri shall impose a requirement for financial responsibility on owners or operators of underground or above ground petroleum storage tanks. This provision shall fully preempt any such local financial responsibility requirements which are in effect on August 28, 2003."; and
Further amend said title, enacting clause and intersectional references accordingly.
On motion of Representative Townley, Part II of House Amendment No. 3 was adopted.
Representative Bivins offered House Amendment No. 4.
House Amendment No. 4
AMEND House Committee Substitute for Senate Substitute for Senate Committee Substitute for Senate Bill No. 36, Page 1, In the Title, Line 3, by deleting the word "seventeen" and inserting in lieu thereof the word "twenty-four"; and
Further amend said bill, Page 1, In the Title, Line 4, by inserting after the word "regulation" the phrase ", with penalty provisions"; and
Further amend said bill, Page 1, Section A, Line 2, by deleting the word "seventeen" and inserting in lieu thereof the word "twenty-four"; and
Further amend said bill, Page 1, Section A, Line 4, by deleting the word "and"; and
Further amend said bill, Page 1, Section A, Line 4, by inserting after the number "444.778," the numbers "490.750, 490.753, 490.755, 490.757, 490.759, 490.762, 490.765,"; and
Further amend said bill, Page 12, Section 444.778, Line 50, by inserting after all of said line the following:
"490.750. 1. An environmental audit privilege as provided in sections 490.750 to 490.765 is hereby created to protect the confidentiality of communications relating to voluntary internal environmental audits.
2. Except as provided in section 490.755, an environmental audit and an environmental audit report, as defined in section 490.753, shall be privileged and shall not be admissible as evidence in any legal action in any civil, criminal or administrative proceeding, nor shall such information be required to be disclosed in response to a regulatory inspection or inquiry.
490.753. As used in sections 490.750 to 490.765, the following terms mean:
(1) "Environmental audit", a voluntary internal evaluation of one or more facilities, processes or activities regulated under the environmental laws of the United States, this state or a political subdivision thereof, or of management systems related to such facility, process or activity, that is designed to determine compliance with such laws. An environmental audit may be conducted by the owner or operator, by the owner's or operator's employees or by independent contractors;
(2) "Environmental audit report", a set of documents prepared as a result of an environmental audit, including all information and documents generated and collected by the auditor which may be based upon and may include, but shall not be limited to field notes and records of observations, samples, analytical results, findings, opinions, suggestions, conclusions, drafts, memoranda, drawings, photographs, computer-generated or electronically recorded information, maps, charts, graphs and surveys, interviews, discussions, correspondence and communications related to the environmental audit; provided that such supporting information is collected or developed for the primary purpose and in the course of an environmental audit. An environmental audit report, when completed, may have three components:
(a) An audit report prepared by the auditor, which may include the scope of the audit, the information gained in the audit, conclusions and recommendations, together with exhibits and appendices;
(b) Memoranda and documents analyzing portions or all of the audit report and discussing potential implementation issues; and
(c) An implementation plan that addresses correcting past noncompliance, improving current compliance or preventing future noncompliance;
(3) "Waive" or "waiver", disseminating the environmental audit or environmental audit report in whole or in part to someone other than the owner or operator of the facility and its employees, agents, affiliates and successors in interest, the auditor and its employees, agents, subcontractors and successors in interest, current or prospective lending institutions of the owner or operator where disclosure is required as a condition of lending, and a prospective purchaser where disclosure is made under a confidentiality agreement. Waiver does not occur when:
(a) The facility owner or operator or the auditor is compelled by an administrative body or court of competent jurisdiction to disclose all or part of the environmental audit or environmental audit report;
(b) Dissemination of the environmental audit or environmental audit report, in whole or in part, is done to prevent noncompliance or improve compliance with federal, state or local environmental laws.
490.755. 1. The privilege described in subsection 2 of section 490.750 does not apply to the extent that it is waived by the owner or operator of a facility at which an environmental audit was conducted and such owner or operator prepared or caused to be prepared the environmental audit report as a result of the audit.
2. In any proceeding before a court or administrative body, after in camera review consistent with rules of procedure, the court or administrative body may require disclosure of material for which the privilege described in subsection 2 of section 490.750 is asserted, if the court or administrative body determines that:
(1) The privilege is asserted for a fraudulent purpose;
(2) The material is not subject to the privilege; or
(3) Even if subject to the privilege, the material reasonably tends to show noncompliance with the environmental laws of the United States, the state of Missouri or a political subdivision thereof, and the party asserting the privilege did not exercise ordinary care to initiate and pursue compliance upon discovery of noncompliance. Such a determination shall not constitute a final judgment regarding compliance.
3. A party asserting the environmental audit privilege described in subsection 2 of section 490.750 has the burden of demonstrating the applicability of the privilege, including if there is evidence of noncompliance with applicable environmental laws, proof that the party exercised ordinary care to initiate and pursue compliance upon discovery of noncompliance; provided, however, that a party seeking disclosure pursuant to subdivision (1) of subsection 2 of this section has the burden of proving that the privilege is asserted for a fraudulent purpose and, in a criminal proceeding, the state has the burden of proving the conditions for disclosure set forth in subdivision (2) of subsection 2 of this section.
490.757. 1. The state, having probable cause to believe a criminal offense has been committed under the environmental laws of the state of Missouri based upon information obtained from a source independent of an environmental audit report, may obtain an environmental audit report for which a privilege is asserted pursuant to subsection 2 of section 490.750 pursuant to discovery as allowed by the Missouri supreme court rules. The state shall immediately place the report under seal and shall not review or disclose the contents of the report until ordered by a court or until the privilege is waived. The burden shall be on the state to show the information came from a source independent of an environmental audit report.
2. Within thirty days of the state obtaining an environmental audit report, the owner or operator who prepared or caused to be prepared the report may file with the appropriate court a petition requesting an in camera review in accordance with subsection 4 of this section on whether the environmental audit report or portions thereof are privileged or subject to disclosure pursuant to sections 490.750 to 490.765.
3. In a civil or administrative proceeding, the existence of an environmental audit report is subject to disclosure to the inquiring litigant. The party in possession of such report may assert the privilege in any response made. The party in possession is not required to provide the inquiring party with a copy of such report. The inquiring party may file, with the appropriate court or administrative body, a petition requesting an in camera review in accordance with subsection 4 of this section on whether the environmental audit report or portions thereof are privileged or subject to disclosure pursuant to sections 490.750 to 490.765. Failure by the inquiring party to file such petition shall forfeit the party's argument that the report is not privileged.
4. Upon filing of a petition for in camera review, the court or administrative body shall issue an order scheduling an in camera review within forty-five days of the filing of the petition to determine whether the environmental audit report or portions thereof are privileged or subject to disclosure pursuant to sections 490.750 to 490.765. In the case of a criminal proceeding, such order shall allow the prosecuting attorney, circuit attorney or attorney general to remove the seal from the report to review the report and shall place appropriate limitations on the distribution and review of the report to protect against unnecessary disclosure. The prosecuting attorney, circuit attorney or attorney general may consult with law enforcement agencies regarding the contents of the report as necessary to prepare for the in camera review. The information used in preparation for the in camera review shall not be used in any investigation or in any legal proceeding and shall otherwise be kept confidential, unless and until such information is found by the court or administrative body to be subject to disclosure.
5. In the case of a civil or administrative proceeding, the court or administrative body shall issue such order as is appropriate regarding whether the information in the report is subject to disclosure. The court or administrative body may place appropriate limitations on the distribution and review of the report to protect against unnecessary disclosure.
6. In any civil, criminal or administrative proceeding, failure to comply with the review, disclosure or use prohibitions of this section shall be the basis for suppression of any evidence arising or derived from the unauthorized review, disclosure or use. The party failing to comply with this section shall have the burden of proving that proffered evidence did not arise and was not derived from the unauthorized activity.
7. The parties may at any time stipulate to entry of an order directing that specific information contained in an environmental audit report is or is not subject to the privilege provided in subsection 2 of section 490.750.
8. Upon making a disclosure determination pursuant to subsection 2 of section 490.755, the court or administrative body may compel the disclosure only of those portions of an environmental audit report relevant to issues in dispute in the proceeding.
9. If the order requiring disclosure is made by an administrative body, the aggrieved party may seek an immediate appeal to a court of competent jurisdiction. Such appeal shall be filed within ten days after receipt of the order requiring disclosure and shall serve as an immediate stay of the order requiring disclosure.
10. Any public entity, public employee, or public official who divulges all or any part of the information contained in an environmental audit report in violation of the provisions of this section or knowingly divulges or disseminates all or any part of the information contained in an environmental audit report that was provided to such public entity, public employee or public official in violation of the provisions of this section is guilty of a class A misdemeanor.
11. Any disclosure or dissemination described in this section shall not abrogate the privilege afforded by section 490.750, provided the environmental audit report otherwise meets the requirements of sections 490.750 to 490.765.
490.759. The privilege described in subsection 2 of section 490.750 shall not extend to:
(1) Documents, communications, data, reports, or other information required to be collected, developed, maintained, reported or otherwise made available to a regulatory agency pursuant to the environmental laws, ordinances, regulations, permits or orders of the United States, this state, or a political subdivision thereof. This subsection shall not exclude from the privilege any observations, findings, opinions, suggestions or conclusions derived from the above by the state auditor;
(2) Information obtained by observation, sampling or monitoring by any regulatory agency; or
(3) Information obtained from a source independent of the environmental audit or the environmental audit report.
490.762. 1. For the purposes of this section, a disclosure of information by a person or entity to any division or agency within the department of natural resources regarding any information related to an environmental law is voluntary if all of the following are true:
(1) The disclosure is made promptly after knowledge of the information disclosed is obtained by the person or entity;
(2) The disclosure arises out of an environmental audit;
(3) The person or entity making the disclosure initiates an appropriate effort to achieve compliance, pursues compliance with due diligence and corrects the noncompliance within two years after the completion of the environmental audit. Where such evidence shows the noncompliance is the failure to obtain a permit, appropriate efforts to correct the noncompliance may be demonstrated by the submittal of a complete permit application within a reasonable time; and
(4) The person or entity making the disclosure cooperates with the appropriate division or agency in the department of natural resources regarding investigation of the issues identified in the disclosure.
2. For the purposes of subdivision (3) of subsection 1 of this section, upon application to the department of natural resources, the time period within which the noncompliance is required to be corrected may be extended by the department if it is not practicable to correct the noncompliance within the two-year period. A request for a de novo review of the decision of the department of natural resources may be made to the appropriate court.
3. If a person or entity is required to make a disclosure to a division or program within the department of natural resources under a specific permit condition or under an order issued by the division or program, the disclosure is not voluntary with respect to that division or program.
4. If any person or entity makes a voluntary disclosure of an environmental violation to a division or program within the department of natural resources, the department shall not seek any administrative or civil penalties associated with the issues disclosed from the person or entity nor shall the department seek any criminal penalties for negligent acts associated with the issues disclosed. The person or entity shall provide information supporting its claim that the disclosure is voluntary at the time that the disclosure is made to the division or program; in so doing, the person or entity creates a rebuttable presumption that the disclosure is voluntary.
5. To rebut the presumption that a disclosure is voluntary, the appropriate division or program shall show to the satisfaction of the respective commission in the department of natural resources, or to the department if the program is not under a commission, that the disclosure was not voluntary based upon the factors set forth in subdivisions (1), (2) and (3) of subsection 1 of this section. A decision by the commission regarding the voluntary nature of a disclosure is final agency action. The division or program shall not include any administrative penalty or seek a civil penalty or a criminal conviction for negligent acts on any underlying environmental violation that is alleged absent a finding by the respective commission that the division or program has rebutted the presumption of voluntariness of the disclosure. The burden to rebut the presumption of voluntariness is on the division or program. A commission decision, or a department decision for a program not under a commission, regarding voluntariness may be appealed to a court of competent jurisdiction by the person or entity making the initial disclosure. Such an appeal shall be filed within ten days after receipt of the order regarding voluntariness and shall serve as an immediate stay of the order regarding voluntariness.
6. The prohibition against administrative, civil, or criminal penalties pursuant to this section does not apply if a person or entity has been found by a court or administrative body to have committed serious violations that constitute a pattern of continuous or repeated violations of environmental laws, rules, regulations, permit conditions, settlement agreements or orders on consent and that were due to separate and distinct events giving rise to the violations, within the three-year period prior to the date of the disclosure. Such a pattern of continuous or repeated violations may also be demonstrated by multiple settlement agreements related to substantially the same alleged violations concerning serious instances of noncompliance with environmental laws that occurred within the three-year period immediately prior to the date of the voluntary disclosure.
7. Except as specifically provided in this section, this section does not affect any authority the department of natural resources has to require any action associated with the information disclosed in any voluntary disclosure of an environmental violation.
490.765. Nothing in sections 490.750 to 490.765 shall limit, forfeit or abrogate the scope or nature of any statutory or common law privilege, including the critical self-analysis or self-evaluative privilege, the work product doctrine, and the attorney-client privilege."; and
Further amend said title, enacting clause and intersectional references accordingly.
HCS SS SCS SB 36, as amended, with House Amendment No. 4 pending, was laid over.
REFERRAL OF HOUSE JOINT RESOLUTION
The following House Joint Resolution was referred to the Committee indicated:
HJR 26 - Budget
REFERRAL OF SENATE BILLS
The following Senate Bills were referred to the Committee indicated:
HCS SCS SB 69 - Budget (Fiscal Note)
HCS SCS SB 246 - Budget (Fiscal Note)
HCS SS SS SCS SBs 556 & 311 - Budget (Fiscal Note)
COMMITTEE REPORT
Committee on Administration and Accounts, Chairman Miller reporting:
Madam Speaker: Your Committee on Administration and Accounts, to which was referred HCR 32, begs leave to report it has examined the same and recommends that it Do Pass.
HOUSE CONCURRENT RESOLUTION NO. 32
WHEREAS, Section 21.760 of the Missouri Revised Statutes provides that during the regular legislative session which convenes in an odd-numbered year, the General Assembly shall, by concurrent resolution, employ an independent certified public accountant or certified public accounting firm to conduct an audit examination of the accounts, functions, programs, and management of the State Auditor’s office:
NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-second General Assembly, First Regular Session, the Senate concurring therein, hereby authorize the employment of an independent certified public accountant or certified public accounting firm pursuant to the aforestated provisions of Section 21.760; and
BE IT FURTHER RESOLVED that the audit examination be made in accordance with generally accepted auditing standards, including such reviews and inspections of books, records and other underlying data and documents as are necessary to enable the independent certified public accountant performing the audit to reach an informed opinion on the condition and performance of the accounts, functions, programs, and management of the State Auditor’s Office; and
BE IT FURTHER RESOLVED that upon completion of the audit, the independent certified public accountant make a written report of his or her findings and conclusions, and supply each member of the General Assembly, the Governor, and the State Auditor with a copy of the report; and
BE IT FURTHER RESOLVED that the cost of the audit and report be paid out of the joint contingent fund of the General Assembly; and
BE IT FURTHER RESOLVED that the Commissioner of Administration bid these services, at the direction of the General Assembly, pursuant to state purchasing laws; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare a properly inscribed copy of this resolution for the Commissioner of Administration.
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 SCS HS HB 1, entitled:
An act to appropriate money to the Board of Fund Commissioners for the cost of issuing and processing State Water Pollution Control Bonds, Stormwater Control Bonds, Third State Building Bonds and Fourth State Building Bonds, as provided by law, to include payments from the Water Pollution Control Bond and Interest Fund, Stormwater Control Bond and Interest Fund, Third State Building Bond Interest and Sinking Fund, Fourth State Building Bond and Interest Fund, Water Pollution Control Fund and Stormwater Control Fund, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
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 passed SCS HS HB 2, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the State Board of Education and the Department of Elementary and Secondary Education and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 9, Senate Amendment No. 10 and Senate Amendment No. 11.
Senate Amendment No. 9
AMEND Senate Committee Substitute for House Substitute for House Bill No. 2, Page 15, Section 2.280, by deleting all of said section and inserting in lieu thereof the following,
“Section 2.280. To the Department of Elementary and Secondary Education
For a task force on blind student academic and vocational performance
From General Revenue Fund. . . . . . . . . . . . . . $95,000"
and amend bill totals accordingly.
Senate Amendment No. 10
AMEND Senate Committee Substitute for House Substitute for House Bill No. 2, Page 2, Section 2.015, Line 18, by deleting the words “General Revenue” and inserting in lieu thereof “state school moneys” ; and
Further amend said section, Line 24, by deleting the words “General Revenue” and inserting in lieu thereof “state school moneys”.
Senate Amendment No. 11
AMEND Senate Committee Substitute for House Substitute for House Bill No. 2, Page 2, Section 2.015, Line 4, by deleting the number “$1,656,625,892" and inserting in lieu thereof the number “$1,563,492,767"; and
Further amend said section, Line 5, by deleting the number “$344,741,466" and inserting in lieu thereof the number “$337,874,571"; and
Further amend said section, Line 12, by deleting the number “$2,029,959,803" and inserting in lieu thereof the number “$1,929,959,803"; and
Further amend said bill, Page 16, Section 2.305, Line 5, by deleting the number “$1,746,593,075" and inserting in lieu thereof the number “$1,646,593,075" and amend bill totals accordingly.
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 passed SCS HS HB 3, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Higher Education and the several divisions, programs, and institutions of higher education included therein to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 4.
Senate Amendment No. 4
AMEND Senate Committee Substitute for House Substitute for House Bill No. 3, Page 7, Section 3.135, Lines 20-24, by deleting all of said lines and inserting in lieu thereof the following;
"For Regional Technical Education Initiatives
From General Revenue Fund. . . . . . . . . . . . . . . . . . 19,969,650".
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 passed SCS HS HB 5, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Office of Administration, the Department of Transportation, the Department of Public Safety, and the Chief Executive’s Office, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 5, Page 19, Section 5.445, Lines 13-15, by deleting all of said lines 13-15 and inserting in lieu thereof the following;
“Personal Service and/or Expense and Equipment, provided that not more than fifteen percent (15%) flexibility is allowed between each appropriation”.
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 passed SCS HS HB 6, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Agriculture, Department of Natural Resources, Department of Conservation, and the several divisions and programs thereof and for the expenses, grants, refunds, distributions, and capital improvements projects involving the repair, replacement, and maintenance of state buildings and facilities of the Department of Natural Resources and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds, for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 6, Page 8, Section 6.100, Line 6, by deleting the number “1,174,562" and replacing it with “1,297,064"; and
Further amend Page 8, Line 13, by deleting the number “$5,635,886" and replacing it with number “$5,758,388" and deleting “(Not to exceed 79.00 F.T.E.)” and replace it with “(Not to exceed 82.00 F.T.E.)”.
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 passed SCS HS HB 7, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Economic Development, Department of Insurance, and Department of Labor and Industrial Relations, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
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 passed SCS HS HB 8, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Public Safety, and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 8, Page 11, Section 8.165, Line 6, by deleting the number “1,715,512" and insert in lieu thereof the number “1,926,375" and adjust the totals accordingly.
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 passed SCS HS HB 9, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Corrections and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 9, Page 12, Section 9.425, Line 10, by deleting the number “$20,774,183" and inserting in lieu thereof the number “22,302,979"; and
Further amend said section, Line 16, by deleting the number “22,786,379" and inserting in lieu thereof the number “24,315,175" and adjust bill totals accordingly.
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 passed SCS HS HB 10, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Department of Mental Health, the Board of Public Buildings, the Department of Health and Senior Services, and the several divisions and programs thereof, the Missouri Health Facilities Review Committee and the Commission for the Missouri Senior Rx Program to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1 and Senate Amendment No. 2.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 10, Page 16, Section 10.610, Lines 16-19, by deleting said lines and inserting in lieu thereof the following: “for persons with autism and their families”; and
Further amend said section, Line 13, by deleting said line and inserting in lieu thereof the following:
“In-home services/choices for families, contingent upon the availability of additional new revenue for fiscal year 2004 authorized in legislation in 2003 by the 92nd General Assembly and approved by the Governor and/or voters”; and
Further amend said bill, Page 8, Section 10.210, Line 7, by deleting the number “190,069" and inserting in lieu thereof the number “190,669"; and
Further amend said section, Line 9, by deleting the number “2,653,202" and inserting in lieu thereof the number “2,653,802".
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Substitute for House Bill No. 10, Page 16, Section 10.410, Line 4, by adding at the end of said line the following “; and provided that residential services for non-Medical eligibles shall not be reduced below the prior year expenditure”.
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 passed SCS HS HB 11, entitled:
An act to appropriate money for the expenses, grants, and distributions of the Department of Social Services and the several divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1, Senate Amendment No. 2, Senate Amendment No. 3 and Senate Amendment No. 5.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 11, Page 17, Section 11.265, Line 5, by inserting immediately after said line the following new lines:
"For the purpose of funding independent living placements and transitional living payment services, contingent upon the availability of additional new revenue for fiscal year 2004 as authorized in legislation in 2003 by the 92nd General Assembly and approved by the Governor and/or voters
From General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$1,777,894"
and adjust bill totals accordingly.
Senate Amendment No. 2
AMEND Senate Committee Substitute for House Substitute for House Bill No. 11, Page 17, Section 11.255, Line 23, by inserting after said line the following lines:
“For the purpose of funding the CHOICES program, contingent upon the availability of additional new revenue for fiscal year 2004 as authorized in legislation in 2003 by the 92nd General Assembly and approved by the Governor and/or voters
From General Revenue Fund. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $648,792"
and adjust bill totals accordingly.
Senate Amendment No. 3
AMEND Senate Committee Substitute for House Substitute for House Bill No. 11, Page 8, Section 11.105, Line 9, by deleting the number “$27,948,342" and inserting the number “$28,482,440"; and
Further amend said section, Line 10, by deleting the number “60,734,831" and inserting the number “60,983,407"; and
Further amend said section, Line 11, by deleting the number “4,398,163" and inserting the number “4,418,682"; and
Further amend said section, Line 13, by deleting the number “663,295" and inserting the number “675,041"; and
Further amend said section, Line 14, by deleting the number “28,252" and inserting the number“28,749";
and
Further amend said bill, Page 15, Section 11.240, Line 9, by deleting the number “$25,022,787" and inserting the number “$25,579,261"; and
Further amend said section, Line 10, by deleting the number “38,515,828" and inserting the number “38,775,468"; and
Further amend said section, Line 11, by deleting the number “4,461,573" and inserting the number “4,482,081"; and
Further amend said section, Line 13, by deleting the number “49,718" and inserting the number “61,994"; and
Further amend said section, Line 14, by deleting the number “28,209" and inserting the number “28,749";
and
Further amend said bill, Page 1, Section 11.005, by deleting the number “603,097" and inserting the number “403,097"; and
Further amend said bill, Page 4, Section 11.035, Line 7, by deleting the number “1,989,785" and inserting the number “1,789,785"; and
Further amend said bill, Section 11.055, Page 5, Line 6, by deleting the number “6,120,456" and inserting the number “5,429,884"; and adjust bill totals accordingly.
Senate Amendment No. 5
AMEND Senate Committee Substitute for House Substitute for House Bill No. 11, Page 31, Section 11.475, Line 47, by deleting the words “for hospital-employed, Medicaid enrolled physicians in the emergency department”, and inserting in lieu thereof “costs incurred by hospitals for the staffing of the emergency department with Medicaid enrolled physicians,”.
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 passed SCS HS HB 12, entitled:
An act to appropriate money for the expenses, grants, refunds, and distributions of the Chief Executive’s Office and Mansion, Lieutenant Governor, Secretary of State, State Auditor, State Treasurer, Attorney General, Missouri Prosecuting Attorneys and Circuit Attorneys Retirement Systems, and the Judiciary and the Office of the State Public Defender, and the several divisions and programs thereof, and for the payment of salaries and mileage of members of the State Senate and the House of Representatives and contingent expenses of the General Assembly, including salaries and expenses of elective and appointive officers and necessary capital improvements expenditures; for salaries and expenses of members and employees and other necessary operating expenses of the Missouri Commission on Interstate Cooperation, the Committee on Legislative Research, various joint committees, for the expenses of the interim committees established by the General Assembly, and to transfer money among certain funds, to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to transfer money among certain funds for the period beginning July 1, 2003 and ending June 30, 2004.
With Senate Amendment No. 1.
Senate Amendment No. 1
AMEND Senate Committee Substitute for House Substitute for House Bill No. 12, Page 8, Section 12.300, Line 6,
by deleting the number “$3,763,491" and inserting in lieu thereof the number “$4,050,444"; and
Further amend said section, Line 9, by deleting the number “$3,888,491" and inserting in lieu thereof the number “$4,175,444"; and
Further amend said bill by adding the following new section:
"Section 12.303. To the Supreme Court
For the purpose of funding all grants and contributions of funds from the federal government
or from any other source which may be deposited in the state treasury for the use of the Supreme Court
Personal Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $430,000
From Federal and other Funds (Not to exceed 8.00 FTE). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $430,000"; and
Further amend said bill by adding the following new section:
"Section 12.305. To the Supreme Court
For participation by the State of Missouri in the National Center for State Courts
From General Revenue Fund.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$136,137"; and
Further amend said bill, Page 10, Section 12.340, Line 6, by deleting the number “2,919,828" and inserting in lieu thereof the number "$3,371,833"; and
Further amend said bill, Page 10, Section 12.345, Line 6, by deleting the number “$3,818,570" and inserting in lieu thereof the number “$4,270,921" ; and
Further amend said bill, page 11, Section 12.350, Line 6, by deleting the number “1,985,045" and inserting in lieu thereof the number “$2,223,732"; and adjust bill totals accordingly.
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 passed SCS HCS HB 13, entitled:
An act to appropriate money for real property leases, related services, utilities, systems furniture, and structural modifications for the several departments of state government and the divisions and programs thereof to be expended only as provided in Article IV, Section 28 of the Constitution of Missouri, and to appropriate money for capital improvements and the other expenses of the Office of Administration and the divisions and programs thereof, and to transfer money among certain funds, for the period beginning July 1, 2003 and ending June 30, 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 refuses to concur in HS SCS SBs 299 & 40, as amended, and requests that the House recede from its position and failing to do so, grant the Senate a conference thereon.
Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 401, and requests that the House recede from its position and failing to do so, grant the Senate a conference thereon.
Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 407, and requests that the House recede from its position and failing to do so, grant the Senate a conference thereon.
Madam Speaker: I am instructed by the Senate to inform the House of Representatives that the Senate refuses to concur in HCS SB 552, and requests that the House recede from its position and failing to do so, grant the Senate a conference thereon.
ADJOURNMENT
On motion of Representative Crowell, the House adjourned until 10:00 a.m., Tuesday, April 29, 2003.
CORRECTIONS TO THE HOUSE JOURNAL
AFFIDAVITS
I, State Representative Harold R. Selby, District 105, hereby state and affirm that my vote as recorded on Page 1249 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Harold R. Selby
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Vicki Walker, District 50, hereby state and affirm that my vote as recorded on Pages 1252 and 1270 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Vicki Walker
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Bill Deeken, District 114, hereby state and affirm that my vote as recorded on Pages 1254 and 1300 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Bill Deeken
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Carl Bearden, District 16, hereby state and affirm that my vote as recorded on Page 1257 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Carl Bearden
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Steve Hobbs, District 21, hereby state and affirm that my vote as recorded on Pages 1259 and 1288 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Steve Hobbs
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Dennis F. Wood, District 62, hereby state and affirm that my vote as recorded on Pages 1259 and 1277 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Dennis F. Wood
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Kevin Threlkeld, District 109, hereby state and affirm that my vote as recorded on Pages 1261, 1262 and 1264 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Kevin Threlkeld
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Yvonne S. Wilson, District 42, hereby state and affirm that my vote as recorded on Pages 1261 and 1286 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Yvonne S. Wilson
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Jerry Bough, District 142, hereby state and affirm that my vote as recorded on Page 1264 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Jerry Bough
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Jason Brown, District 30, hereby state and affirm that my vote as recorded on Page 1264 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Jason Brown
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Bob May, District 149, hereby state and affirm that my vote as recorded on Page 1265 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Bob May
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Philip Willoughby, District 33, hereby state and affirm that my vote as recorded on Pages 1266, 1284 and 1286 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Philip Willoughby
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative David Pearce, District 121, hereby state and affirm that my vote as recorded on Pages 1267 and 1291 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ David Pearce
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Maynard Wallace, District 143, hereby state and affirm that my vote as recorded on Pages 1269, 1279 and 1286 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Maynard Wallace
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Brian Yates, District 56, hereby state and affirm that my vote as recorded on Pages 1269 and 1294 of the House Journal for Thursday, April 24, 2003 showing that I voted absent with leave and no, respectively was incorrectly recorded. Pursuant to House Rule 88, I ask that the Journal be corrected to show that I voted aye and 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 28th day of April 2003.
/s/ Brian Yates
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Tom Dempsey, District 18, hereby state and affirm that my vote as recorded on Pages 1272 and 1273 of the House Journal for Thursday, April 24, 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 28 day of April 2003.
/s/ Tom Dempsey
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28 day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Steve Hunter, District 127, hereby state and affirm that my vote as recorded on Pages 1273 and 1285 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Steve Hunter
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Rod Jetton, District 156, hereby state and affirm that my vote as recorded on Page 1273 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Rod Jetton
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Ronnie Miller, District 133, hereby state and affirm that my vote as recorded on Page 1273 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Ronnie Miller
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Yvonne S. Wilson, District 42, hereby state and affirm that my vote as recorded on Page 1273 of the House Journal for Thursday, April 24, 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 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 28th day of April 2003.
/s/ Yvonne S. Wilson
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Rex Rector, District 124, hereby state and affirm that my vote as recorded on Page 1276 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Rex Rector
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Mike Daus, District 67, hereby state and affirm that my vote as recorded on Pages 1277 and 1281 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Mike Daus
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Barbara Wall Fraser, District 83, hereby state and affirm that my vote as recorded on Page 1277 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Barbara Wall Fraser
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Marilyn Ruestman, District 131, hereby state and affirm that my vote as recorded on Page 1282 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Marilyn Ruestman
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Mike Cunningham, District 145, hereby state and affirm that my vote as recorded on Page 1283 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Mike Cunningham
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Jay Wasson, District 141, hereby state and affirm that my vote as recorded on Page 1283 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Jay Wasson
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Mark J. Bruns, District 113, hereby state and affirm that my vote as recorded on Pages 1288 and 1295 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Mark J. Bruns
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Jerry King, District 125, hereby state and affirm that my vote as recorded on Pages 1288 and 1300 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Jerry King
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April 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 1291 and 1292 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Jason Crowell
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Scott T. Rupp, District 13, hereby state and affirm that my vote as recorded on Pages 1291 and 1300 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Scott T. Rupp
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Amber H. Boykins, District 60, hereby state and affirm that my vote as recorded on Pages 1293, 1294 and 1299 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Amber H. Boykins
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Ed Emery, District 126, hereby state and affirm that my vote as recorded on Page 1297 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Ed Emery
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Rod Jetton, District 156, hereby state and affirm that my vote as recorded on Page 1297 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Rod Jetton
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Chris Shoemaker, District 8, hereby state and affirm that my vote as recorded on Page 1297 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Chris Shoemaker
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Juanita Walton, District 81, hereby state and affirm that my vote as recorded on Page 1299 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Juanita Walton
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
I, State Representative Margaret Donnelly, District 73, hereby state and affirm that my vote as recorded on Page 1300 of the House Journal for Thursday, April 24, 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 28th day of April 2003.
/s/ Margaret Donnelly
State Representative
State of Missouri )
) ss.
County of Cole )
Subscribed and sworn to before me this 28th day of April in the year 2003.
/s/ Stephen S. Davis
Chief Clerk
___________
COMMITTEE MEETINGS
ADMINISTRATION AND ACCOUNTS
Thursday, May 1, 2003, 8:30 a.m. Hearing Room 1.
Discussion on policy changes.
Executive Session may follow.
BUDGET
Tuesday, April 29, 2003, 8:30 a.m. Hearing Room 3.
Possible Executive Session. Other bills assigned or referred to committee for fiscal review.
Public Hearing to be held on: HB 18, HB 698, HB 741, HB 745, SB 243, SCR 13
BUDGET
Wednesday, April 30, 2003, 8:00 a.m. Hearing Room 3.
Public hearing, fiscal review and possible Executive Session.
Other bills referred for fiscal review.
Public Hearing to be held on: HB 698, HB 741, HB 745, HJR 26, SB 69,
SB 243, SB 246, SB 556
BUDGET
Thursday, May 1, 2003, 8:00 a.m. Hearing Room 3.
Public hearing, fiscal review and possible Executive Session.
Other bills referred for fiscal review.
Public Hearing to be held on: HB 698, HB 741, HB 745, HJR 26, SB 69,
SB 243, SB 246, SB 556
COMMUNICATIONS, ENERGY AND TECHNOLOGY
Tuesday, April 29, 2003, 12:00 p.m. Hearing Room 3.
Possible Executive Session.
Public Hearing to be held on: SB 555
CONSERVATION AND NATURAL RESOURCES
Wednesday, April 30, 2003, 12:00 p.m. Hearing Room 5.
Executive Session may follow.
Public Hearing to be held on: HB 519, HB 535, HB 740
CORRECTIONS AND STATE INSTITUTIONS
Wednesday, April 30, 2003. Hearing Room 7 upon evening adjournment.
Executive Session will follow.
Public Hearing to be held on: HB 718, SCR 12
CRIME PREVENTION AND PUBLIC SAFETY
Tuesday, April 29, 2003. Hearing Room 4 upon evening adjournment.
Executive Session may follow. AMENDED NOTICE
Public Hearing to be held on: HB 379, HB 709, SB 5, SB 39, SB 184
FINANCIAL SERVICES
Tuesday, April 29, 2003, 12:00 p.m. Hearing Room 6.
Executive Session.
Public Hearing to be held on: HB 460, HB 616
JOINT COMMITTEE ON PUBLIC EMPLOYEE RETIREMENT
Wednesday, April 30, 2003, 8:00 a.m. Hearing Room 1.
Second quarter meeting.
JUDICIARY
Wednesday, April 30, 2003, 12:00 p.m. Hearing Room 1. AMENDED NOTICE
Executive Session may follow on HBs 183, 203, 571, 573, 630, 619, 256 and SB 12.
Public Hearing to be held on: HB 183, HB 203, HB 571, HB 573, HB 630, SB 12
LEGISLATIVE RESEARCH, OVERSIGHT SUBCOMMITTEE
Tuesday, April 29, 2003, 8:00 a.m. Hearing Room 6.
Challenge Fiscal Notes: HS HCS HB 404, 324, 403, 344, 426 & 541. HS HCS HB 321.
LOCAL GOVERNMENT
Thursday, May 1, 2003, 8:30 a.m. Hearing Room 6.
Executive Session may follow.
Public Hearing to be held on: SB 199
PROFESSIONAL REGISTRATION AND LICENSING
Tuesday, April 29, 2003, 12:00 p.m. Hearing Room 4. AMENDED NOTICE
Possible Executive Session on HB 717.
Public Hearing to be held on: HB 727, HB 729
RETIREMENT
Thursday, May 1, 2003, 8:30 a.m. Hearing Room 7.
Executive Session may follow.
Public Hearing to be held on: HCR 20, HCR 24, HCR 25
SMALL BUSINESS
Wednesday, April 30, 2003. Hearing Room 4 at noon or upon morning recess.
Informational meeting.
SPECIAL COMMITTEE ON URBAN ISSUES
Tuesday, April 29, 2003, 5:00 p.m. Hearing Room 2 at 5:00 p.m. or upon evening adjournment. Executive Session may follow.
Public Hearing to be held on: HCR 30, SCR 8
TOURISM AND CULTURAL AFFAIRS
Tuesday, April 29, 2003, 12:00 p.m. Hearing Room 5.
Executive Session will follow on SB 438.
Public Hearing to be held on: SB 438
HOUSE CALENDAR
SIXTY-FIRST DAY, TUESDAY, APRIL 29, 2003
HOUSE BILLS FOR SECOND READING
HB 755 through 761
HOUSE BILLS FOR PERFECTION - APPROPRIATIONS
1 HCS HB 16 - Bearden
2 HCS HB 17 - Bearden
3 HCS HB 19 - Bearden
4 HCS HB 20 - Bearden
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 HB 263 - Cooper (120)
8 HCS HB 468 - Byrd
9 HCS HB 233 - Holand
10 HB 471 - Jackson
11 HCS HB 47 - Portwood
12 HCS HB 507 - Hubbard
13 HCS HB 455 - Thompson
14 HB 293, HCA 1 - Johnson (47)
15 HCS HB 345 - Cunningham (86)
16 HCS HB 385 - Cunningham (86)
17 HCS HB 447 - Townley
18 HCS HB 640 - Walton
19 HB 618 - Yates
HOUSE BILLS FOR PERFECTION - FEDERAL MANDATE
1 HB 655 - Wilson (130)
2 HCS HB 702 - Schlottach
HOUSE BILL FOR THIRD READING
HS HCS HB 404, 324, 403, 344, 426 & 541, (Budget 4-16-03) - Rector
SENATE BILL FOR THIRD READING - CONSENT
SB 214, HCA 1 - Byrd
SENATE BILLS FOR THIRD READING
1 SB 496 - Luetkemeyer
2 HCS SB 173 - Walton
3 SS#2 SCS SB 55 - Stevenson
4 HCS SS SCS SB 36, as amended, HA 4, pending - Myers
5 SS SB 34 - Holand
6 HCS SS SCS SB 30 - Schneider
7 HCS SCS SB 84 - Munzlinger
8 HCS SCS SB 686, E.C. - Cunningham (86)
9 SCS#2 SB 1 - Luetkemeyer
10 SB 540 - Parker
11 HCS SB 521 - Byrd
12 HCS SS SS SCS SB 556 & 311, E.C. (Budget 4-28-03) - Sutherland
13 HCS SCS SB 69, (Budget 4-28-03) - Baker
14 SS SB 13 - Byrd
15 HCS SS SCS SB 298 - Johnson (47)
16 HCS SCS SB 246, (Budget 4-28-03) - Rector
17 HCS SB 469 - Byrd
SENATE BILL FOR THIRD READING - CONSENT - INFORMAL
SCS SB 237 - Luetkemeyer
HOUSE BILLS WITH SENATE AMENDMENTS
1 SCS HS HB 1 - Bearden
2 SCS HS HB 2, as amended - Bearden
3 SCS HS HB 3, as amended - Bearden
4 SCS HS HB 4, as amended - Bearden
5 SCS HS HB 5, as amended - Bearden
6 SCS HS HB 6, as amended - Bearden
7 SCS HS HB 7 - Bearden
8 SCS HS HB 8, as amended - Bearden
9 SCS HS HB 9, as amended - Bearden
10 SCS HS HB 10, as amended - Bearden
11 SCS HS HB 11, as amended - Bearden
12 SCS HS HB 12, as amended - Bearden
13 SCS HCS HB 13 - Bearden
BILLS CARRYING REQUEST MESSAGES
1 HS SCS SB 299 & 40, as amended (request House recede/grant conference) - Bearden
2 HCS SB 401, (request House recede/grant conference) - Pratt
3 HCS SB 407, (request House recede/grant conference) - Luetkemeyer
4 HCS SB 552, (request House recede/grant conference) - Byrd
HOUSE CONCURRENT RESOLUTIONS
1 HCR 3, (4-23-03, Page 1238) - Townley
2 HCR 5, (4-23-03, Page 1239) - Townley
3 HCR 32, (4-28-03) - Miller