Journal of the House


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

 

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

 

 

NOES: 056

 

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

 

 

PRESENT: 009

 

Brooks

Carnahan

El-Amin

Jones

Lowe

Muckler

Walton

Whorton

Wildberger

 

 

ABSENT WITH LEAVE: 014

 

Abel

Adams

Byrd

Davis 19

Graham

Guest

Jackson

Nieves

Purgason

Rector

Reinhart

Richard

Schneider

Smith 118

 

 

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

 

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

 

 

NOES: 001

 

Bringer

 

 

PRESENT: 000

 

ABSENT WITH LEAVE: 008

 

Adams

Davis 19

George

Graham

Jackson

Lawson

Nieves

Schneider

 

 

         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

 

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

 

 

NOES: 040

 

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

 

PRESENT: 000

 

ABSENT WITH LEAVE: 007

 

Adams

Davis 19

Graham

Jackson

Jetton

Lawson

Schneider

 

 

         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

 

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

 

 

NOES: 000

 

PRESENT: 001

 

Donnelly

 

 

ABSENT WITH LEAVE: 013

 

Adams

Bivins

Davis 19

Graham

Holand

Jackson

Jetton

King

Lawson

Purgason

Sager

Schneider

Stevenson

 

 

         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

 

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

 

 

NOES: 000

 

PRESENT: 000

 

ABSENT WITH LEAVE: 011

 

Adams

Brooks

Daus

Davis 19

Graham

Jackson

Jetton

Lawson

Purgason

Schneider

Stevenson

 

 

         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

 

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

 

 

PRESENT: 001

 

Marsh

 

 

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

 

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

 

 

NOES: 036

 

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

 

 

PRESENT: 000

 

ABSENT WITH LEAVE: 008

 

Adams

Byrd

Davis 19

Graham

Jackson

Jetton

Lawson

Schneider

 

 

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