Journal of the House

Second Regular Session, 92nd General Assembly

SECOND DAY, Thursday, January 8, 2004

The House met pursuant to adjournment.

         Speaker Hanaway in the Chair.

         Prayer by Reverend Donald W. Lammers.

          Yesterday, Speaker Hanaway said, “Freedom makes all the difference” between the human progress in our country and that in other countries that are less free.

          Let us pray. Lord, our God, we thank You for the priceless gift of freedom. To nearly all of us it came with the gift of being born in this land, this very free society. Therefore, our freedom is Your gift, O Lord.

          Your holy word teaches us, "Be free, yet without using freedom as a pretext for evil," (I Peter 2:16). By Your helping grace and Your inspiration may we live up to this word.

          Again Your word urges us to remain focused upon the truth, in our daily life and in our work, for "the truth will set you free," (John 8:32). For the sake of those whom we serve, may we live by this word.

          Lord God, through our work in the Missouri House of Representatives, help us to play our part in the life of this state, that its attention may be directed toward justice, peace, and the true freedom of all its people.

          Finally, we pray for the safety of our men and women in our armed forces, especially those serving in Afghanistan and in Iraq. Their efforts have so much to do with freedom, both in those lands and in our own. Bring them safely back home to us.

          All this we ask of You, our God and Father, living and reigning in perfect freedom forever. Amen.

         The Pledge of Allegiance to the flag was recited.

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

SPECIAL RECOGNITION

         Speaker Hanaway recognized Darrell Jackson, former Director of House Research, and presented him with a resolution for his twenty-seven years of service to the Missouri House of Representatives.

HOUSE COURTESY RESOLUTIONS OFFERED AND ISSUED

House Resolution No. 8 - Representative Sutherland

House Resolution No. 9 - Representative Crowell

House Resolution No. 10 - Representative Dethrow

House Resolution No. 11 - Representative Bearden

House Resolution No. 12

                     and

House Resolution No. 13 - Representative Smith (14)

House Resolution No. 14

                     and

House Resolution No. 15 - Representative George

House Resolution No. 16 - Representatives Deeken and Bruns

House Resolution No. 17 - Representative Yaeger

House Resolution No. 18 - Representative Jackson

House Resolution No. 19 - Representative Boykins

         House Resolution No. 20 - Representative Schoemehl

         House Resolution No. 21 - Representative Bean

         House Resolution No. 22 - Representative Lipke

House Resolution No. 23

                     through

House Resolution No. 25 - Representative Goodman

House Resolution No. 26 - Representative Willoughby, et al

House Resolution No. 27 - Representative Dethrow

         House Resolution No. 28 - Representatives Donnelly and Green

House Resolution No. 29 - Representative Jetton

House Resolution No. 30 - Representative Crawford

HOUSE CONCURRENT RESOLUTION

         Representative LeVota offered House Concurrent Resolution No. 6.

INTRODUCTION OF HOUSE CONCURRENT RESOLUTIONS

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

HCR 7, introduced by Representatives Boykins, Johnson (61), Jones, El-Amin and Wilson (42), relating to the declaration of Delta Days in the state of Missouri.

HCR 8, introduced by Representatives Boykins, Walton, Haywood, Bland, Johnson (61), Jones, Curls, El-Amin, Sanders Brooks and Wilson (42), relating to a declaration of African American Business Enterprise Day in the state of Missouri.

INTRODUCTION OF HOUSE JOINT RESOLUTIONS

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

HJR 40, introduced by Representatives Crowell, Engler, Dusenberg, Townley, King, Sander, Munzlinger, Moore, Stevenson, Ervin, Baker, Stefanick, Yates, Phillips, Reinhart, Sutherland, Smith (14), Icet, Miller, Bivins, Hanaway and Shoemaker, relating to appropriations for public education.

HJR 41, introduced by Representatives Crowell, Townley, Stevenson, Ervin, Lipke, Reinhart, Sutherland, Shoemaker and King, relating to the state board of education.

HJR 42, introduced by Representatives Baker, Ervin, Crowell, Munzlinger, Phillips, Moore, Myers, Quinn, Emery, Dempsey and Sander, relating to the prohibition of same-sex marriage.

HJR 43, introduced by Representative Dougherty, relating to gaming.

HJR 44, introduced by Representatives Schoemehl, Bivins, Harris (23), Yaeger, Lembke, Sager, Cooper (155), Jolly, Riback Wilson (25), Walker, Skaggs, Wilson (42), Meiners, Willoughby and Walsh, relating to school district bond elections.

INTRODUCTION OF HOUSE BILLS

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

HB 968, introduced by Representatives Phillips, Myers, Moore, Reinhart, Ervin, Stevenson, Sander, El-Amin, Emery, Rector, Shoemaker, Dixon and Muckler, relating to temporary assistance for needy families.

HB 969, introduced by Representatives Cooper (120), Sutherland, Moore, Stevenson, Dempsey, Schaaf, Hobbs, Richard, Wilson (119), Kingery, Baker, Fares, Munzlinger, Brown, Deeken, Nieves, St. Onge, Rupp, Dusenberg, Hanaway, Engler, Phillips, King, Ervin, Sander, Miller, Mayer, Parker, Dixon, Bivins, Wallace, Bearden, Icet, Schlottach, Crawford, Hunter, Viebrock and Smith (14), relating to Missouri taxable income of corporations.

HB 970, introduced by Representatives Portwood, Avery, Schoemehl, Spreng, Schaaf, Stefanick, Moore, Page, Wright, Quinn and Ruestman, relating to dentists and dental hygienists.

HB 971, introduced by Representatives Cooper (120) and Skaggs, relating to a private car ad valorem tax credit.

HB 972, introduced by Representatives Cooper (120), Engler, Moore, Jetton, Smith (118) and Quinn, relating to speed regulations for motor vehicles within counties.

HB 973, introduced by Representative Cooper (120), relating to environmental fees.

HB 974, introduced by Representative Dempsey, relating to the number of associate circuit judges.

HB 975, introduced by Representatives Johnson (47), Jolly and Campbell, relating to land trusts.

HB 976, introduced by Representatives Schlottach, Pearce and Graham, relating to disabled license plates.

HB 977, introduced by Representatives Schlottach and Sutherland, relating to special license plates.

HB 978, introduced by Representatives Baker, St. Onge, Skaggs, Jetton, Munzlinger, Sander, Phillips, Moore, Guest, Byrd, Crowell, Dusenberg, Hanaway, Kelly (36), Angst, Yates, Stefanick, Sutherland, Dempsey, Quinn, Cooper (120), Cunningham (145), Wallace, Ervin, Emery, Goodman, Portwood, Smith (118), Lipke, Schaaf, Behnen, Hunter, Rupp, Pearce, Nieves, Purgason, Jackson, Hobbs, Parker, Luetkemeyer, Cooper (155), Brown, McKenna, Pratt, Icet, Fares, Seigfreid and Dougherty, relating to small businesses.

HB 979, introduced by Representatives Lipke, Mayer, Goodman, Crowell, Sutherland, Nieves, Rupp, Threlkeld, Stefanick, Pratt, Yates, Munzlinger and Stevenson, relating to resisting or interfering with arrest.

HB 980, introduced by Representatives Myers, Munzlinger, Townley, Quinn, Luetkemeyer, Dethrow, Engler, Hunter and Emery, relating to environmental rules.

HB 981, introduced by Representatives Myers, Whorton and Quinn, relating to agricultural demonstration awards.

HB 982, introduced by Representatives Baker, Stevenson, Sander, Myers, Sager and Quinn, relating to compulsory school attendance.

HB 983, introduced by Representatives Baker and Sander, relating to possession or control of a controlled substance.

HB 984, introduced by Representatives Baker and Sander, relating to intoxicating liquor.

HB 985, introduced by Representatives Wood, Portwood, Behnen, Skaggs, Jetton, Kratky, Yaeger, Miller, Cunningham (145), Kuessner, Harris (110), Walsh, Vogt, Salva, LeVota, Spreng, Muckler, Dougherty, Schneider, Stevenson, St. Onge, Pearce and Baker, relating to real estate agents.

HB 986, introduced by Representatives Ward, Willoughby, Page, Jolly and Byrd, relating to electroconvulsive therapy.

HB 987, introduced by Representatives Ward and Page, relating to a prescription monitoring program.

HB 988, introduced by Representatives Yates, LeVota, Pratt, Dusenberg, Johnson (47), Meiners and Sager, relating to county political party committee representation.

HB 989, introduced by Representatives Barnitz and Kuessner, to authorize the conveyance of property owned by the state in the county of Dent to the city of Salem.

HB 990, introduced by Representatives Portwood, Avery, Smith (14), LeVota, Jones, Guest, Wallace, Yates, Rupp, Munzlinger, Lembke, Stefanick, Pratt, Cooper (120), Parker, Dempsey, Bean, Wright, Sander and Skaggs, relating to residential mortgage brokers.

HB 991, introduced by Representatives Haywood, Schoemehl, Burnett, Corcoran, Pearce, Nieves, Rupp and Hoskins, relating to police personnel records.

HB 992, introduced by Representative Haywood, relating to insurance.

HB 993, introduced by Representatives Dougherty and LeVota, relating to property assessments on homesteads.

HB 994, introduced by Representatives Cunningham (145), Wilson (119), Miller and Self, relating to court costs in the thirtieth judicial circuit.

HB 995, introduced by Representatives Dusenberg, Mayer, Goodman, Holand, Schlottach, May, Wallace and LeVota, relating to bumper height of motor vehicles.

HB 996, introduced by Representatives Dusenberg, Mayer, Goodman, Holand, Schlottach, May, Moore, Wallace, Munzlinger, Emery, Shoemyer, Wildberger, Kuessner, Kratky, Dethrow, Salva, McKenna, Hilgemann, Walsh, Dougherty, Henke, Smith (14), Crawford and Jones, relating to school bus inspections.

HB 997, introduced by Representative Muckler, relating to the Missouri homestead preservation act.

SECOND READING OF HOUSE CONCURRENT RESOLUTION

         HCR 5 was read the second time.

SECOND READING OF HOUSE JOINT RESOLUTIONS

         HJR 27 through HJR 39 were read the second time.

SECOND READING OF HOUSE BILLS

         HB 762, HB 764 through HB 789, HB 791 through HB 831, and HB 833 through HB 967 were read the second time.

REFERRAL OF HOUSE CONCURRENT RESOLUTION

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

HCR 5 - Rules

REFERRAL OF HOUSE JOINT RESOLUTION

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

HJR 28 - Budget

REFERRAL OF HOUSE BILL

         The following House Bill was referred to the Committee indicated:

HB 916 - Crime Prevention and Public Safety

WITHDRAWAL OF HOUSE BILL

January 8, 2004

Steve Davis

Chief Clerk

State Capitol, Room 306C

Jefferson City, Missouri 65101

Dear Steve,

I would like permission to withdraw House Bill 839 relating to victim notification.

If you have any questions, please call my office at 751-5226. Thank you.

Sincerely,

/s/ Danie Moore

ADJOURNMENT

         On motion of Representative Wright, the House adjourned until 4:00 p.m, Monday, January 12, 2004.

CORRECTIONS TO THE HOUSE JOURNAL

         Correct House Journal, Wednesday, January 7, 2004, Page 10, Line 25, by deleting the name “Muckler”.

         Page 17, Line 9, by deleting the name “Muckler”.

         Page 20, Line 27, by deleting the name “Davis (122)” and inserting in lieu thereof the name “Davis (19)”.

         Page 20, Line 30, by deleting the name “Davis (122)” and inserting in lieu thereof the name “Davis (19)”.

         Page 27, Lines 15 and 16, by deleting all of said lines and inserting in lieu thereof the following: “Representative Harris (110) has been appointed a member of the Conservation and Natural Resources Committee”.

COMMITTEE MEETINGS

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Tuesday, January 13, 2004, 8:00 a.m. Hearing Room 3.

Public testimony. Health, Mental Health and Social Services.

APPROPRIATIONS - HEALTH, MENTAL HEALTH AND SOCIAL SERVICES

Wednesday, January 14, 2004, 8:00 a.m. Hearing Room 3.

Public testimony. Health, Mental Health and Social Services if needed.

APPROPRIATIONS - GENERAL ADMINISTRATION

Monday, January 12, 2004, 1:45 p.m. Hearing Room 7.

State Agency tours.

APPROPRIATIONS - GENERAL ADMINISTRATION

Tuesday, January 13, 2004, 3:00 p.m. Hearing Room 7.

State Agency tours.

APPROPRIATIONS - GENERAL ADMINISTRATION

Wednesday, January 14, 2004, 3:00 p.m. Hearing Room 7.

Office of Administration, Department of Revenue

CRIME PREVENTION AND PUBLIC SAFETY

Monday, January 12, 2004, Afternoon adjournment. Hearing Room 3.

Executive Session may follow.

Public Hearing to be held on: HB 916

RULES

Tuesday, January 13, 2004, 2:00 p.m. Hearing Room 5

Public Hearing to be held on: HCR 5

JOINT INTERIM COMMITTEE ON EDUCATION

Thursday, January 22, 2004, 12:00 p.m. Senate Committee Room 2.

R. C. Wood & Associates.

JOINT INTERIM COMMITTEE ON EDUCATION

Monday, January 26, 2004, 11:30 a.m. Hearing Room 7.

Presentation by Dr. John Augenblick.

HOUSE CALENDAR

THIRD DAY, MONDAY, JANUARY 12, 2004

HOUSE CONCURRENT RESOLUTIONS FOR SECOND READING

HCR 7 and HCR 8

HOUSE JOINT RESOLUTIONS FOR SECOND READING

HJR 40 through HJR 44

HOUSE BILLS FOR SECOND READING

HB 968 through HB 997